This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

15839 

Vol. 87, No. 54 

Monday, March 21, 2022 

DEPARTMENT OF AGRICULTURE 

Federal Crop Insurance Corporation 

7 CFR Parts 460 

[Docket ID FCIC–22–0001] 

RIN 0563–AC77 

Pandemic Cover Crop Program; 

Correction 

AGENCY: Federal Crop Insurance 

Corporation, U.S. Department of 

Agriculture (USDA). 

ACTION: Final rule; correction. 

SUMMARY: Due to inadvertently having 

not included valid cover cropping 

practices because of the timing of 

acreage reporting, the Federal Crop 

Insurance Corporation (FCIC) is 

correcting a final rule that published in 

the Federal Register on February 11, 

2022. The final rule announced the 

Pandemic Cover Crop Program (PCCP) 

that provides support for agricultural 

producers impacted by the COVID–19 

pandemic for the 2022 crop year. With 

a specific focus on strengthening 

outreach to underserved producers and 

communities and small and medium 

agricultural operations, USDA dedicated 

funding to reaching a broader set of 

producers than was reached in previous 

COVID–19 assistance programs. As a 

part of that initiative, the final rule 

established PCCP for 2022. 

DATES: Effective April 12, 2022. 

FOR FURTHER INFORMATION CONTACT: 

David Zanoni; telephone (816) 926– 

6142; email david.zanoni@usda.gov. 

Persons with disabilities who require 

alternative means of communication 

should contact the USDA Target Center 

at (202) 720–2600 or 844–433–2774. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2022–02965, which published on 

February 11, 2022 at 87 FR 7927, the 

following corrections are made: 

■ 1. On page 7929, in the second 

column, correct the definition of 

‘‘eligible insured acres’’ and in the third 

column, correct the definition of 

‘‘eligible WFRP acres’’ to read as 

follows: 

§ 460.9 [Corrected] 

* * * * * 

Eligible insured acres means insured 

acres on which the producer planted a 

qualifying cover crop after June 15, 

2021, during the 2021 crop year, or 

during the 2022 crop year, as reported 

on the Farm Service Agency’s (FSA) 

common land unit(s) (CLU) to FSA via 

a completed and signed Form 578- 

Report of Acreage on or before March 

15, 2022, or May 31, 2022, for 2022 crop 

year qualifying cover crops planted after 

March 15, 2022, which may be prior to 

FSA’s acreage reporting date, and 

reported the same CLU(s) on their crop 

insurance acreage report by the 

applicable Federal crop insurance 

acreage reporting date for a 2022 crop 

year crop insurance policy for a first 

insured crop. 

* * * * * 

Eligible WFRP acres means acres on 

which a person with a 2022 crop year 

WFRP policy planted a qualifying cover 

crop after June 15, 2021, during the 

2021 crop year, or during the 2022 crop 

year, as reported on the CLU(s) to FSA 

via a completed and signed Form 578- 

Report of Acreage on or before March 

15, 2022, or May 31, 2022, for 2022 crop 

year qualifying cover crops planted after 

March 15, 2022, which may be prior to 

FSA’s acreage reporting date. 

* * * * * 

§ 460.10 [Corrected] 

■ 3. On page 7930, in the first column, 

in paragraph (a)(3), ‘‘Only acreage 

reports that are filed or amended prior 

to March 15 will be considered for 

PCCP’’ is corrected to read 

‘‘Only acreage reports that are filed or 

amended prior to March 15, 2022, (or 

May 31, 2022, for 2022 crop year 

qualifying cover crops planted after 

March 15, 2022), will be considered for 

PCCP’’. 

Marcia Bunger, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2022–05785 Filed 3–18–22; 8:45 am] 

BILLING CODE 3410–08–P 

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–AF11 

Revisions to Civil Penalty Amounts 

AGENCY: Department of Transportation 

(DOT or the Department). 

ACTION: Final rule. 

SUMMARY: This final rule provides the 

statutorily-prescribed 2022 adjustment 

to civil penalty amounts that may be 

imposed for violations of certain DOT 

regulations. In addition, this rule notes 

new DOT civil penalties authority 

provided in the Bipartisan Infrastructure 

Law (BIL, enacted as the Infrastructure 

Investment and Jobs Act). 

DATES: This rule is effective March 21, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Kohl, Attorney-Advisor, 


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15840 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 

1 28 U.S.C. 2461 note. 

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. 

This rule also notes new DOT 

authority to assess civil penalties for 

violations of requirements related to 

newly manufactured and operating 

railroad freight cars. The authority to 

assess these civil penalties was 

provided in the BIL, enacted as the 

Infrastructure Investment and Jobs Act, 

Public Law 117–58 (Nov. 15, 2021) and 

codified at 49 U.S.C. 20171. The 

Department’s authorities over the 

specific civil penalty regulations being 

amended by this rule are provided in 

the preamble discussion below. 

I. Background 

On November 2, 2015, the President 

signed into law the 2015 Act, which 

amended the FCPIAA, to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

The 2015 Act requires Federal agencies 

to: (1) Adjust the level of civil monetary 

penalties with an initial ‘‘catch-up’’ 

adjustment through an interim final rule 

(IFR); and (2) make subsequent annual 

adjustments. 

The 2015 Act directed the Office of 

Management and Budget (OMB) to issue 

guidance on implementing the required 

annual adjustment no later than 

December 15 of each year.1 On 

December 15, 2021, OMB released this 

required guidance, in OMB 

Memorandum M22–07, which provides 

instructions on how to calculate the 

2022 annual adjustment. To derive the 

2022 adjustment, the Department must 

multiply the maximum or minimum 

penalty amount by the percent change 

between the October 2021 Consumer 

Price Index for All Urban Consumers 

(CPI–U) and the October 2020 CPI–U. In 

this case, as explained in OMB 

Memorandum M–22–07, the percent 

change between the October 2021 CPI– 

U and the October 2020 CPI–U is 

1.06222. 

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. 

In addition, as noted previously in the 

discussion of the authority for this 

rulemaking, the BIL (Infrastructure 

Investment and Jobs Act, section 22425) 

provides authority for DOT to assess 

civil penalties for violations of 

requirements related to newly 

manufactured and operating railroad 

freight cars. DOT does not have 

discretion in this rulemaking to change 

the specified penalties set out in the 

statute. In addition, the statute directs 

DOT to issue any necessary 

implementing regulations and specifies 

that violations for which penalties may 

be assessed occur after the issuance of 

such regulations. As a result, no new 

civil penalties are being established in 

this rulemaking. 

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) 2022 

Adjustments 

OST’s 2022 civil penalty adjustments 

are summarized in the chart below. 

BILLING CODE 4910–9X–P 


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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15841 

2Note that the reference to this penalty amount 

in the regulatory text at 14 CFR 383.2(b) was edited 

to reference that same penalty amount in 14 CFR 

383.2(a). The edit was made to simplify reference 

to this penalty amount in 14 CFR 383.2 by 

referencing the dollar amount only once. Note also 

that the penalty amount in the 14 CFR 383.2(b) was 

incorrectly stated in DOT’s 2021 civil monetary 

penalty (CMP) update as $1,483 rather than $1,548. 

This rulemaking, by referencing the correct amount 

in 14 CFR 383.2(a), correct that error. 

B. Federal Aviation Administration 

(FAA) 2022 Adjustments 

FAA’s 2022 civil penalty adjustments 

are summarized in the chart below. 


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Description Citation Existing New Penalty 

Penalty (Existing 

Penalty X 

1.06222) 

General civil penalty for 49 U.S.C. $35,188 $37,377 

violations of certain 46301(a)(l) 

aviation economic 

regulations and statutes 

General civil penalty for 49 U.S.C. $1,548 $1,644 

violations of certain 46301(a)(l) 

aviation economic 

regulations and statutes 

involving an individual or 

small business concem2 

Civil penalties for 49 U.S.C. $14,074 $14,950 

individuals or small 46301(a)(5)(A) 

businesses for violations of 

most provisions of Chapter 

401 of Title 49, including 

the anti-discrimination 

provisions of sections 

40127 and 41705 and rules 

and orders issued pursuant 

to these provisions 

Civil penalties for 49 U.S.C. $7,037 $7,475 

individuals or small 46301(a)(5)(C) 

businesses for violations of 

49 U.S.C. 41719 and rules 

and orders issued pursuant 

to that provision 

Civil penalties for 49 U.S.C. $3,519 $3,738 

individuals or small 46301(a)(5)(D) 

businesses for violations of 

49 U.S.C. 41712 or 

consumer protection rules 

and orders issued pursuant 

to that provision 
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New Penalty 

Description Citation Existing Penalty (Existing Penalty x 

1.06222) 

Violation of 

hazardous materials 49 U.S.C. 5123(a)(l) $84,425 $89,678 

transportation law 

Violation of 

hazardous materials 

transportation law 49 U.S.C. 5123(a)(2) resulting in death, $196,992 $209,249 

serious illness, severe 

injury, or substantial 

property destruction 

Minimum penalty for 

violation of 49 U.S.C. 5123(a)(3) hazardous materials $508 $540 

transportation law 

relating to training 

Maximum penalty for 

violation of 49 U.S.C. 5123(a)(3) hazardous materials $84,425 $89,678 

transportation law 

relating to training 

Knowing 

presentation of a 

nonconforming 

aircraft for issuance 49 U.S.C. of an initial 44704(d)(3)(B) $1,000,000 $1,062,220 

airworthiness 

certificate by a 

production certificate 

holder 

Knowing failure by 

an applicant for or 

holder of a type 

certificate to submit 

safety critical 49 U.S.C. $1,000,000 $1,062,220 information or 44704(e)(4)(A) 

include certain such 

information in an 

airplane flight manual 

or flight crew 
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operating manual 

contrary to 49 U.S.C. 

44 704( e )(1 )-(3) 

Operation of an 

unmanned aircraft or 

unmanned aircraft 49 U.S.C. 44802 note $25,742 $27,344 

system equipped or 

armed with a 

dangerous weapon 

Violation by a person 

other than an 49U.S.C. individual or small 46301(a)(l) $35,188 $37,377 business concern 

under 49 U.S.C. 

46301(a)(l)(A) or (B) 

Violation by an 

airman serving as an 

airman under 49 

U.S.C. 49U.S.C. $1,548 $1,644 46301(a)(l)(A) or (B) 4630l(a)(l) 

(but not covered by 

46301(a)(5)(A) or 

(B)) 

Violation by an 

individual or small 

business concern 49U.S.C. under 49 U.S.C. 4630l(a)(l) $1,548 $1,644 

46301(a)(l)(A) or (B) 

(but not covered in 49 

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

Violation by an 

individual or small 

business concern 

( except an airman 49U.S.C. $14,074 $14,950 serving as an airman) 46301(a)(5)(A) 

under 49 U.S.C. 

46301(a)(5)(A)(i) or 

(ii) 

Violation by an 

individual or small 

business concern 49U.S.C. $14,074 $14,950 related to the 46301(a)(5)(B)(i) 

transportation of 

hazardous materials 

Violation by an 

individual or small 49U.S.C. business concern 46301 (a)(5)(B)(ii) $14,074 $14,950 

related to the 

registration or 
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recordation under 49 

U.S.C. chapter 441, 

of an aircraft not used 

to provide air 

transportation 

Violation by an 

individual or small 

business concern of 

49 U.S.C. 44718(d), 49U.S.C. $14,074 $14,950 relating to limitation 46301 (a)(5)(B)(iii) 

on construction or 

establishment of 

landfills 

Violation by an 

individual or small 

business concern of 49U.S.C. 49 U.S.C. 44725, 46301(a)(5)(B)(iv) $14,074 $14,950 

relating to the safe 

disposal of lifelimited aircraft parts 

Individual who aims 

the beam of a laser 

pointer at an aircraft 

in the airspace 49 U.S.C. 46301 note $26,929 $28,605 jurisdiction of the 

United States, or at 

the flight path of such 

an aircraft 

Tampering with a 49 U.S.C. 46301(b) $4,518 $4,799 smoke alarm device 

Knowingly providing 

false information 

about alleged 

violation involving 49 U.S.C. 46302 $24,539 $26,066 

the special aircraft 

jurisdiction of the 

United States 

Physical or sexual 

assault or threat to 

physically or sexually 

assault crewmember 

or other individual on 

an aircraft, or action 49 u.s.c. 46318 $36,948 $39,247 

that poses an 

imminent threat to 

the safety of the 

aircraft or individuals 

on board 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15845 

C. National Highway Traffic Safety 

Administration (NHTSA) 2022 

Adjustments 

NHTSA’s 2022 civil penalty 

adjustments are summarized in the 

chart below. DOT’s annual civil 

monetary penalty adjustments have not 

included adjustments of NHTSA’s civil 

penalties for violations of applicable 

corporate average fuel economy (CAFE) 

standards. Those standards, including 

any statutorily-required adjustments, are 

being addressed in a separate 

rulemaking proceeding (see NHTSA’s 

supplemental notice of proposed 

rulemaking published in August 2021 

(86 FR 46811 (Aug. 20, 2021)). 

Subsequent to conclusion of that 

rulemaking proceeding, DOT intends to 

update the CAFE civil penalties 

addressed in that rulemaking in the 

DOT annual civil monetary penalties 

adjustment. 


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Permanent closure of 

an airport without 49 U.S.C. 46319 $14,074 $14,950 providing sufficient 

notice 

Operating an 

unmanned aircraft 

and in so doing 

knowingly or 

recklessly interfering 49 U.S.C. 46320 $21,544 $22,884 with a wildfire 

suppression, law 

enforcement, or 

emergency response 

effort 

Violation of 51 

U.S.C. 50901-50923, 

a regulation issued 

under these statutes, 

or any term or 51 U.S.C. 50917(c) $247,280 $262,666 

condition of a license 

or permit issued or 

transferred under 

these statutes. 
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Description Citation Existing Penalty New Penalty 

(Existing Penalty 

X 1.06222) 

Maximum penalty 49U.S.C. $22,992 $24,423 

amount for each 30165(a)(l), 

violation of: 30165(a)(3) 

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 

Maximum penalty 49U.S.C. $114,954,525 $122, 106,996 

amount for a related 30165(a)(l), 

series of violations 30165(a)(3) 

of: 49 U.S.C. 

30112, 30115, 

30117-30122, 

30123(a), 30125(c), 

30127,30141-

30147, 30166 or 

31137,ora 

regulation 

prescribed under 

any of these 

sections 

Maximum penalty 49U.S.C. $13,072 $13,885 

per school bus 30165(a)(2)(A) 

related violation of 

49U.S.C. 

30112(a)(l) or 

30112(a)(2) 

Maximum penalty 49U.S.C. $19,607,465 $20,827,441 

amount for a series 30165(a)(2)(B) 

of school bus 

related violations of 

49U.S.C. 

30112(a)(l) or 

30112(a)(2) 

Maximum penalty 49U.S.C. $5,628 $5,978 

per violation for 30165(a)(4) 

filing false or 

misleading reports 
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Maximum penalty 49 U.S.C. $1,125,668 $1,195,707 

amount for a series 30165(a)(4) 

of violations related 

to filing false or 

misleading reports 

Maximum penalty 49 u.s.c. 30505 $1,835 $1,949 

amount for each 

violation of the 

reporting 

requirements 

related to 

maintaining the 

National Motor 

Vehicle Title 

Information System 

Maximum penalty 49 U.S.C. 32507(a) $3,011 $3,198 

amount for each 

violation of a 

bumper standard 

under 49 U.S.C. 

32506 

Maximum penalty 49 U.S.C. 32507(a) $3,352,932 $3,561,551 

amount for a series 

of violations of a 

bumper standard 

under 49 U.S.C. 

32506 

Maximum penalty 49 U.S.C. 32308(b) $3,011 $3,198 

amount for each 

violation of 49 

U.S.C. 32308(a) 

related to providing 

information on 

crashworthiness and 

damage 

susceptibility 

Maximum penalty 49 U.S.C. 32308(b) $1,642,208 $1,744,386 

amount for a series 

of violations of 49 

U.S.C. 32308(a) 

related to providing 

information on 

crashworthiness and 

damage 

susceptibility 

Maximum penalty 49 U.S.C. 32308(c) $62,314 $66,191 

for each violation 

related to the tire 

fuel efficiency 
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information 

program 

Maximum civil 49 u.s.c. 32309 $1,835 $1,949 

penalty for willfully 

failing to affix, or 

failing to maintain, 

the label required in 

49 U.S.C. 32304 

Maximum penalty 49 u.s.c. 32709 $11,256 $11,956 

amount per 

violation related to 

odometer tampering 

and disclosure 

Maximum penalty 49 U.S.C. 32709 $1,125,668 $1,195,707 

amount for a related 

series of violations 

related to odometer 

tampering and 

disclosure 

Maximum penalty 49 U.S.C. 32710 $11,256 $11,956 

amount per 

violation related to 

odometer tampering 

and disclosure with 

intent to defraud 

Maximum penalty 49 U.S.C. 33115(a) $2,473 $2,627 

amount for each 

violation of 49 

U.S.C. 

33114(a)(l)-( 4) 

Maximum penalty 49 U.S.C. 33115(a) $618,201 $656,665 

amount for a related 

series of violations 

of49U.S.C. 

33114(a)(l)-( 4) 

Maximum civil 49 U.S.C. 33115(b) $183,629 $195,054 

penalty for 

violations of 49 

U.S.C. 33114(a)(5) 

Maximum civil 49 U.S.C 32912(a) $43,280 $45,973 

penalty for 

violations under 49 

U.S.C. 3291 l(a) 

related to 

automobile fuel 

economy 

Maximum civil 49 u.s.c. 32902 $42,621 $45,273 

penalty for a 

violation under the 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15849 

D. Federal Motor Carrier Safety 

Administration (FMCSA) 2022 

Adjustments 

FMCSA’s civil penalties affected by 

this rule are all located in appendices A 

and B to 49 CFR part 386. The 2022 

adjustments to these civil penalties are 

summarized in the chart below. 


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medium- and 

heavy-duty vehicle 

fuel efficiency 

program 

Description Citation Existing New 

Penalty Penalty 

(Existing 

Penalty x 

1.06222) 

Appendix A II Subpoena 49 U.S.C. 525 $1,125 $1,195 

Appendix A II Subpoena 49 U.S.C. 525 $11,256 $11,956 

Appendix A IV (a) Out- 49U.S.C. $1,951 $2,072 

of-service order 521(b)(7) 

( operation of 

commercial motor 

vehicle (CMV) by 

driver) 

Appendix A IV (b) Out- 49U.S.C. $19,505 $20,719 

of-service order 521(b)(7)) 

(requiring or permitting 

operation of CMV by 

driver) 

Appendix A IV (c) Out- 49U.S.C. $1,951 $2,072 

of-service order 521(b)(7) 

( operation by driver of 

CMV or intermodal 

equipment that was 

placed out of service) 

Appendix A IV (d) Out- 49U.S.C. $19,505 $20,719 

of-service order 521(b)(7) 

(requiring or permitting 

operation of CMV or 

intermodal equipment 

that was placed out of 

service) 
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Appendix A IV (e) Out- 49U.S.C. $975 $1,036 

of-service order (failure 521(b)(2)(B) 

to return written 

certification of 

correction) 

Appendix A IV (g) Out- 49U.S.C. $28,142 $29,893 

of-service order (failure 521(b)(2)(F) 

to cease operations as 

ordered) 

Appendix A IV (h) Out- 49U.S.C. $24,730 $26,269 

of-service order 521(b)(7) 

( operating in violation of 

order) 

Appendix A IV (i) Out- 49U.S.C. $15,876 $16,864 

of-service order 521(b)(2)(A) and 

( conducting operations (b)(7)) 

during suspension or 

revocation for failure to 

pay penalties) 

Appendix A IV G) 49U.S.C. $24,730 $26,269 

( conducting operations 521(b)(7) 

during suspension or 

revocation) 

Appendix B (a)(l) 49U.S.C. $1,307 $1,388 

Recordkeeping-- 521(b)(2)(B)(i) 

maximum penalty per 

day 

Appendix B (a)(l) 49U.S.C. $13,072 $13,885 

Recordkeeping-- 521(b)(2)(B)(i) 

maximum total penalty 

Appendix B (a)(2) 49U.S.C. $13,072 $13,885 

Knowing falsification of 521 (b )(2)(B)(ii) 

records 

Appendix B (a)(3) Non- 49U.S.C. $15,876 $16,864 

recordkeeping violations 521(b)(2)(A) 

Appendix B (a)(4) Non- 49U.S.C. $3,969 $4,216 

recordkeeping violations 521 (b )(2)(A) 

by drivers 

Appendix B (a)(5) 49U.S.C. $3,268 $3,471 

Violation of 49 CFR 3131 0(i)(2)(A) 

392.5 (first conviction) 

Appendix B (a)(5) 49U.S.C. $6,536 $6,943 

Violation of 49 CFR 3131 0(i)(2)(A) 

392.5 (second or 

subsequent conviction) 

Appendix B (b) 49U.S.C. $5,902 $6,269 

Commercial driver's 521(b)(2)(C) 

license (CDL) violations 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15851 


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Appendix B (b)(l): 49 u.s.c. $3,268 $3,471 

Special penalties 31310(i)(2)(A) 

pertaining to violation of 

out-of-service orders 

(first conviction) 

Appendix B (b )(1) 49 u.s.c. $6,536 $6,943 

Special penalties 3131 0(i)(2)(A) 

pertaining to violation of 

out-of-service orders 

(second or subsequent 

conviction) 

Appendix B (b )(2) 49U.S.C. $5,902 $6,269 

Employer violations 521(b)(2)(C) 

pertaining to knowingly 

allowing, authorizing 

employee violations of 

out-of-service order 

(minimum penalty) 

Appendix B (b )(2) 49 u.s.c. $32,679 $34,712 

Employer violations 31310(i)(2)(C) 

pertaining to knowingly 

allowing, authorizing 

employee violations of 

out-of-service order 

(maximum penalty) 

Appendix B (b)(3) 49 u.s.c. $16,941 $17,995 

Special penalties 3131 0G)(2)(B) 

pertaining to railroadhighway grade crossing 

violations 

Appendix B (d) 49U.S.C. $17,416 $18,500 

Financial responsibility 31138(d)(l), 

violations 31139(2:)(1) 

Appendix B (e)(l) 49 u.s.c. $84,425 $89,678 

Violations of Hazardous 5123(a)(l) 

Materials Regulations 

(HMRs) and Safety 

Permitting Regulations 

(transportation or 

shipment of hazardous 

materials) 

Appendix B ( e )(2) 49 U.S.C. $508 $540 

Violations of Hazardous 5123(a)(3) 

Materials Regulations 

(HMRs) and Safety 

Permitting Regulations 

(training)--minimum 

penalty 
15852 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 


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Appendix B (e)(2): 49U.S.C. $84,425 $89,678 

Violations of Hazardous 5123(a)(l) 

Materials Regulations 

(HMRs) and Safety 

Permitting Regulations 

( training)--maximum 

penalty 

Appendix B (e)(3) 49U.S.C. $84,425 $89,678 

Violations of Hazardous 5123(a)(l) 

Materials Regulations 

(HMRs) and Safety 

Permitting Regulations 

(packaging or container) 

Appendix B (e)(4): 49U.S.C. $84,425 $89,678 

Violations of Hazardous 5123(a)(l) 

Materials Regulations 

(HMRs) and Safety 

Permitting Regulations 

( compliance with 

FMCSRs) 

Appendix B ( e )( 5) 49U.S.C. $196,992 $209,249 

Violations of Hazardous 5123(a)(2) 

Materials Regulations 

(HMRs) and Safety 

Permitting Regulations 

( death, serious illness, 

severe injury to persons; 

destruction of property) 

Appendix B ( f)( 1) 49U.S.C. $28,142 $29,893 

Operating after being 521 (b )(2)(F) 

declared unfit by 

assignment of a final 

"unsatisfactory" safety 

rating ( generally) 

Appendix B (f)(2) 49U.S.C. $84,425 $89,678 

Operating after being 5123(a)(l) 

declared unfit by 

assignment of a final 

"unsatisfactory" safety 

rating (hazardous 

materials )-maximum 

penalty 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15853 


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Appendix B (f)(2): 49 U.S.C. $196,992 $209,249 

Operating after being 5123(a)(2) 

declared unfit by 

assignment of a final 

"unsatisfactory" safety 

rating (hazardous 

materials )-maximum 

penalty if death, serious 

illness, severe injury to 

persons; destruction of 

property 

Appendix B (g)(l ): 49 u.s.c. $11,256 $11,956 

Violations of the 14901(a) 

commercial regulations 

(CRs) (property carriers) 

Appendix B (g)(2) 49 u.s.c. $11,256 $11,956 

Violations of the CRs 14916(c) 

(brokers) 

Appendix B (g)(3) 49 u.s.c. $28,142 $29,893 

Violations of the CRs 14901(a) 

( passenger carriers) 

Appendix B (g)( 4) 49 u.s.c. $11,256 $11,956 

Violations of the CRs 14901(a) 

( foreign motor carriers, 

foreign motor private 

carriers) 

Appendix B (g)( 5) 49 u.s.c. 14901 $15,480 $16,443 

Violations of the note 

operating authority 

requirement ( foreign 

motor carriers, foreign 

motor private carriers)-

maximum penalty for 

intentional violation 

Appendix B (g)( 5) 49 u.s.c. 14901 $38,702 $41,110 

Violations of the note 

operating authority 

requirement (foreign 

motor carriers, foreign 

motor private carriers)-

maximum penalty for a 

pattern of intentional 

violations 

Appendix B (g)( 6) 49 U.S.C. $22,514 $23,915 

Violations of the CRs 14901(b) 

(motor carrier or broker 

for transportation of 

hazardous wastes)-

minimum penalty 
15854 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 


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Appendix B (g)( 6) 49U.S.C. $45,027 $47,829 

Violations of the CRs 1490l(b) 

(motor carrier or broker 

for transportation of 

hazardous wastes)-

maximum penalty 

Appendix B (g)(7): 149 U.S.C. $1,693 $1,798 

Violations of the CRs 14901 ( d)(l) 

(household goods 

(HHG) carrier or freight 

forwarder, or their 

receiver or trustee) 

Appendix B (g)(8) 49U.S.C. $3,389 $3,600 

Violation of the CRs 14901(e) 

(weight of HHG 

shipment, charging for 

services )-minimum 

penalty for first violation 

Appendix B (g)(8) 49U.S.C. $8,471 $8,998 

Violation of the CRs 14901(e) 

(weight of HHG 

shipment, charging for 

services )-minimum 

penalty for subsequent 

violation 

Appendix B (g)(l 0) 49 U.S.C. 13702, $169,412 $179,953 

Tariff violations 14903 

Appendix B (g)(l 1) 49U.S.C. $338 $359 

Additional tariff 14904(a) 

violations (rebates or 

concessions )--first 

violation 

Appendix B (g)(l 1) 49U.S.C. $423 $449 

Additional tariff 14904(a) 

violations (rebates or 

concessions)--

subsequent violations 

Appendix B (g)(12): 49U.S.C. $848 $901 

Tariff violations ( freight 14904(b )( 1) 

forwarders )--maximum 

penalty for first violation 

Appendix B (g)(12): 49U.S.C. $3,389 $3,600 

Tariff violations ( freight 14904(b )(1) 

forwarders )--maximum 

penalty for subsequent 

violations 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15855 


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Appendix B (g)(13): 49 u.s.c. $848 $901 

service from freight 14904(b )(2) 

forwarder at less than 

rate in effect--maximum 

penalty for first violation 

Appendix B (g)(13): 49 u.s.c. $3,389 $3,600 

service from freight 14904(b )(2) 

forwarder at less than 

rate in effect--maximum 

penalty for subsequent 

violation( s) 

Appendix B (g)(14): 49 U.S.C. 14905 $16,941 $17,995 

Violations related to 

loading and unloading 

motor vehicles 

Appendix B (g)(16): 49 U.S.C. 14901 $1,125 $1,195 

Reporting and 

recordkeeping under 49 

U.S.C. subtitle IV, part 

B (except 13901 and 

13902( c ))--minimum 

penalty 

Appendix B (g)(16): 49 u.s.c. 14907 $8,471 $8,998 

Reporting and 

recordkeeping under 49 

U.S.C. subtitle IV, part 

B--maximum penalty 

Appendix B (g)(l 7): 49 u.s.c. 14908 $3,389 $3,600 

Unauthorized disclosure 

of information 

Appendix B (g)(18): 49 u.s.c. 14910 $848 $901 

Violation of 49 U.S.C. 

subtitle IV, part B, or 

condition of registration 

Appendix B (g)(21)(i): 49 u.s.c. 14915 $16,941 $17,995 

Knowingly and willfully 

fails to deliver or unload 

HHG at destination 

Appendix B (g)(22): 49 u.s.c. $13,072 $13,885 

HHG broker estimate 1490l(d)(2) 

before entering into an 

agreement with a motor 

earner 

Appendix B (g)(23): 49 u.s.c. 14901 $32,679 $34,712 

HHG transportation or (d)(3) 

broker services--

registration requirement 
15856 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 


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Appendix B (h): 49U.S.C. $1,307 $1,388 

Copying of records and 521 (b )(2)(E) 

access to equipment, 

lands, and buildings--

maximum penalty per 

day 

Appendix B (h): 49U.S.C. $13,072 $13,885 

Copying of records and 521 (b )(2)(E) 

access to equipment, 

lands, and buildings--

maximum total penalty 

Appendix B (i)(l): 49 U.S.C. 524 $2,252 $2,392 

Evasion of regulations 

under 49 U.S.C. ch. 5, 

51, subchapter III of ch. 

311 (except 31138 and 

31139), 31302-31304, 

31305(b), 

3131 0(g)(l )(A), or 

31502--minimum 

penalty for first violation 

Appendix B (i)(l): 49 U.S.C. 524 $5,628 $5,978 

Evasion of regulations 

under 49 U.S.C. ch. 5, 

51, subchapter III of ch. 

311 (except 31138 and 

31139), 31302-31304, 

31305(b), 

3131 0(g)(l )(A), or 

31502--maximum 

penalty for first violation 

Appendix B (i)(l): 49 U.S.C. 524 $2,813 $2,988 

Evasion of regulations 

under 49 U.S.C. ch. 5, 

51, subchapter III of ch. 

311 (except 31138 and 

31139), 31302-31304, 

31305(b), 

313 lO(g)(l )(A), or 

31502--minimum 

penalty for subsequent 

violation( s) 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15857 

E. Federal Railroad Administration 

(FRA) 2022 Adjustments 

FRA’s 2022 civil penalty adjustments 

are summarized in the chart below. 


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Appendix B (i)(l): 49 U.S.C. 524 $8,433 $8,958 

Evasion of regulations 

under 49 U.S.C. ch. 5, 

51, subchapter III of ch. 

311 (except 31138 and 

31139), 31302-31304, 

31305(b), 

3131 0(g)(l )(A), or 

31502--maximum 

penalty for subsequent 

violation( s) 

Appendix B (i)(2): 49 U.S.C. 14906 $2,252 $2,392 

Evasion of regulations 

under 49 U.S.C. subtitle 

IV, part B--minimum 

penalty for first violation 

Appendix B (i)(2): 49 U.S.C. 14906 $5,628 $5,978 

Evasion of regulations 

under 49 U.S.C. subtitle 

IV, part B--minimum 

penalty for subsequent 

violation( s) 
15858 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 

On November 15, 2021, the BIL 

(enacted as the Infrastructure 

Investment and Jobs Act, Pub. L. 117– 

58), was signed into law. The statute set 

forth requirements related to: (1) For 

newly manufactured railroad freight 

cars, manufactured by qualified 

manufacturers at qualified facilities, the 

inclusion of sensitive technology from 

countries of concern or sourced from a 

state-owned enterprise, and the 

inclusion of content other than sensitive 

technology from countries of concern or 

state-owned enterprises that meet 

certain specified criteria; and (2) for 

freight cars operating on the United 

States general railroad system, 

percentage limitations on railroad 

freight car content, originating from a 

country of concern or state-owned 

enterprise. The statute further directed 

the Secretary to issue any necessary 

implementing regulations, including for 

the monitoring and sensitive technology 

requirements. The statute also specified 

that the requirements for both newly 

manufactured and operating railroad 

freight cars would apply after issuance 

of the regulations. DOT acknowledges 

the civil penalties authority and 

direction to issue any necessary 

implementing regulations set forth in 

the statute. 

F. Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 2022 

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 2022 civil penalty 

adjustments are summarized in the 

chart below. 


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Description Citation Existing New 

Penalty Penalty 

(Existing 

Penalty x 

1.06222) 

Minimum rail 49 U.S.C. ch. 213 $919 $976 

safety penalty 

Ordinary maximum 49 U.S.C. ch. 213 $30,058 $31,928 

rail safety penalty 

Maximum penalty 49 U.S.C. ch. 213 $120,231 $127,712 

for an aggravated 

rail safety violation 

Minimum penalty 49 U.S.C. 5123 $508 $540 

for hazardous 

materials training 

violations 

Maximum penalty 49 U.S.C. 5123 $84,425 $89,678 

for ordinary 

hazardous materials 

violations 

Maximum penalty 49 U.S.C. 5123 $196,992 $209,249 

for aggravated 

hazardous materials 

violations 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15859 

G. Maritime Administration (MARAD) 

2022 Adjustments 

MARAD’s 2022 civil penalty 

adjustments are summarized in the 

chart below. 


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Description Citation Existing New 

Penalty Penalty 

(Existing 

Penalty 

X 

1.06222 

Maximum penalty 49 U.S.C. 5123 $84,425 $89,678 

for hazardous 

materials violation 

Maximum penalty 49 U.S.C. 5123 $196,992 $209,249 

for hazardous 

materials violation 

that results in death, 

serious illness, or 

severe injury to any 

person or 

substantial 

destruction of 

property 

Minimum penalty 49 U.S.C. 5123 $508 $540 

for hazardous 

materials training 

violations 

Maximum penalty 49 U.S.C. $225,134 $239,142 

for each pipeline 60122(a)(l) 

safety violation 

Maximum penalty 49 U.S.C. $2,251,334 $2,391,412 

for a related series 60122(a)(l) 

of pipeline safety 

violations 

Maximum 49 U.S.C. $82,245 $87,362 

additional penalty 60122(a)(2) 

for each liquefied 

natural gas pipeline 

facility violation 

Maximum penalty 49 U.S.C. $1,307 1,388 

for discrimination 60122(a)(3) 

against employees 

providing pipeline 

safety information 
15860 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 


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Description Citation Existing New 

Penalty Penalty 

(Existing 

Penalty x 

1.06222) 

Maximum civil 46 U.S.C. 31309 $21,662 $22,967 

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 

Maximum civil 46 U.S.C. 31330 $54,157 $57,527 

penalty for a single 

violation of 46 

U.S.C. 31329 as it 

relates to the court 

sales of documented 

vessels 

Maximum civil 46 U.S.C. 56101(e) $21,761 $23,115 

penalty for a single 

violation of 46 

U.S.C. 56101 as it 

relates to approvals 

required to transfer 

a vessel to a 

noncitizen 

Maximum civil 46 U.S.C. 50113(b) $137 $146 

penalty for failure 

to file an 

Automated Mutual 

Assistance Vessel 

Rescue System 

(AMVER) report 

Maximum civil 50 U.S.C. 4513 $27,371 $29,074 

penalty for violating 

procedures for the 

use and allocation 

of shipping 

services, port 
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15861 

3Under 5 U.S.C. 603(a), the RFA also applies 

when an agency ‘‘publishes a notice of proposed 

rulemaking for an interpretative rule involving the 

internal revenue laws of the United States.’’ 

However, this rule does not involve the internal 

revenue laws of the United States. 

H. Great Lakes St. Lawrence Seaway 

Development Corporation (GLS) 2022 

Adjustments 

The 2022 civil penalty adjustment for 

GLS is as follows: 

Description Citation Existing 

Penalty 

New Penalty 

(Existing Penalty 

×1.06222) 

Maximum civil penalty for each violation of the Seaway Rules and 

Regulations at 33 CFR part 401 .......................................................... 33 U.S.C. 1232 $97,014 $103,050 

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).3 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 


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facilities and 

services for national 

security and 

national defense 

operations 

Maximum civil 46 U.S.C. 12151 $158,772 $168,651 

penalty for 

violations in 

applying for or 

renewing a vessel's 

fishery endorsement 
15862 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 

environmental impact statement (EIS). 

See 40 CFR 1508.4. In analyzing the 

applicability of a categorical exclusion, 

the agency must also consider whether 

extraordinary circumstances are present 

that would warrant the preparation of 

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

DOT Order 5610.1C incorporates by 

reference the categorical exclusions for 

all DOT Operating Administrations. 

This action qualifies for a categorical 

exclusion in accordance with FAA 

Order 1050.1F, Environmental Impacts: 

Policies and Procedures (80 FR 44208, 

July 24, 2015), paragraph 5–6.6.f, which 

covers regulations not expected to cause 

any potentially significant 

environmental impacts. The Department 

does not anticipate any environmental 

impacts, and there are no extraordinary 

circumstances present in connection 

with this final rule. 

G. Unfunded Mandates Reform Act 

The Department analyzed the final 

rule under the factors in the Unfunded 

Mandates Reform Act of 1995. The 

Department considered whether the rule 

includes a Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

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

or more (adjusted annually for inflation) 

in any one year. The Department has 

determined that this final rule will not 

result in such expenditures. 

Accordingly, no further assessment or 

analysis is required under the Unfunded 

Mandates Reform Act. 

List of Subjects 

14 CFR Part 13 

Administrative practice and 

procedure, Air transportation, 

Hazardous materials transportation, 

Investigations, Law enforcement, 

Penalties. 

14 CFR Part 383 

Administrative practice and 

procedure, Penalties. 

14 CFR Part 406 

Administrative procedure and review, 

Commercial space transportation, 

Enforcement, Investigations, Penalties, 

Rules of adjudication. 

33 CFR Part 401 

Hazardous materials transportation, 

Navigation (water), Penalties, Radio, 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 

46 CFR Part 221 

Administrative practice and 

procedure, Maritime carriers, Mortgages, 

Penalties, Reporting and recordkeeping 

requirements, Trusts and trustees. 

46 CFR Part 307 

Marine safety, Maritime carriers, 

Penalties, Reporting and recordkeeping 

requirements. 

46 CFR Part 340 

Harbors, Maritime carriers, National 

defense, Packaging and containers. 

46 CFR Part 356 

Citizenship and naturalization, 

Fishing vessels, Mortgages, Penalties, 

Reporting and recordkeeping 

requirements, Vessels. 

49 CFR Part 107 

Administrative practices and 

procedure, Hazardous materials 

transportation, Packaging and 

containers, Penalties, Reporting and 

recordkeeping requirements. 

49 CFR Part 171 

Administrative practice and 

procedure, Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Information, Reporting and 

recordkeeping requirements. 

49 CFR Part 190 

Administrative practice and 

procedure, Penalties, Pipeline safety. 

49 CFR Part 209 

Administrative practice and 

procedure, Hazardous materials 

transportation, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 213 

Bridges, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 214 

Bridges, Occupational safety and 

health, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 215 

Freight, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

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

230, 232, 233, and 239 

Penalties, Railroad safety, Reporting 

and recordkeeping requirements. 

49 CFR Part 218 

Occupational safety and health, 

Penalties, Railroad employees, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 219 

Alcohol abuse, Drug abuse, Drug 

testing, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

49 CFR Part 220 

Penalties, Radio, Railroad safety, 

Reporting and recordkeeping 

requirements. 

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

and 244 

Administrative practice and 

procedure, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 223 

Glazing standards, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 225 

Investigations, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 227 

Noise control, Occupational safety 

and health, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 228 

Penalties, Railroad employees, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 231 

Penalties, Railroad safety. 

49 CFR Part 234 

Highway safety, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements, State and local 

governments. 

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. 


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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15863 

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 is 

revised to read as follows: 

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

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

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

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

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

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

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

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

49 CFR 1.83. 

■ 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 March 21, 2022, notwithstanding 

references to specific civil penalty 

amounts elsewhere in this part. 

(c) Minimum and maximum civil 

monetary penalties are as follows: 

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

United States Code 

citation Civil monetary penalty description 

2021 minimum 

penalty 

amount 

New adjusted 

minimum 

penalty 

amount 

for violations 

occurring on 

or after March 

21, 2022 

2021 Maximum penalty amount 

New adjusted maximum 

penalty amount for 

violations occurring on or 

after March 21, 2022 

49 U.S.C. 5123(a)(1) ..... Violation of hazardous materials 

transportation law.

N/A N/A $84,425 ........................................... $89,678. 

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 $196,992 ......................................... $209,249. 

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

transportation law relating to 

training.

$508 $540 $84,425 ........................................... $89,678. 

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 $1,000,000 ...................................... $1,062,220. 

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 $1,000,000 ...................................... $1,062,220. 

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 $25,742 ........................................... $27,344. 

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 $35,188 ........................................... $37,377. 

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 $1,548 ............................................. $1,644. 

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 $1,548 ............................................. $1,644. 


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

Continued 

United States Code 

citation Civil monetary penalty description 

2021 minimum 

penalty 

amount 

New adjusted 

minimum 

penalty 

amount 

for violations 

occurring on 

or after March 

21, 2022 

2021 Maximum penalty amount 

New adjusted maximum 

penalty amount for 

violations occurring on or 

after March 21, 2022 

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 $14,074 ........................................... $14,950. 

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 $14,074 ........................................... $14,950. 

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 $14,074 ........................................... $14,950. 

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 $14,074 ........................................... $14,950. 

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 $14,074 ........................................... $14,950. 

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 $26,929 ........................................... $28,605. 

49 U.S.C. 46301(b) ....... Tampering with a smoke alarm device.N/A N/A $4,518 ............................................. $4,799. 

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 $24,539 ........................................... $26,066. 

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 $36,948 ........................................... $39,247. 

49 U.S.C. 46319 ............ Permanent closure of an airport 

without providing sufficient notice.

N/A N/A $14,074 ........................................... $14,950. 

49 U.S.C. 46320 ............ Operating an unmanned aircraft 

and in so doing knowingly or 

recklessly interfering with a wildfire suppression, law enforcement, or emergency response 

effort.

N/A N/A $21,544 ........................................... $22,884. 

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). 

BILLING CODE 4910–9X–C 

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 $37,377 (or $1,644 for individuals 

or small businesses) applies to 

violations of statutory provisions and 

rules or orders issued under those 

provisions, other than those listed in 


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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 

$14,950 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 

$7,475 applies for violations of section 

41719 and rules and orders issued 

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

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

(3) A maximum civil penalty of 

$3,738 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 $262,666 

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 is revised to read as follows: 

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

70001–70004, 70011, and 70032; 49 CFR 

1.101, unless otherwise noted. 

■ 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 $103,050. 

* * * * * 

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 

$22,967 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 $57,527 

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 

$21,115 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 

$146.00 for each day of failure to file an 

AMVER report required by this part. 

Such penalty shall constitute a lien 

upon the vessel, and such vessel may be 

libeled in the district court of the United 

States in which the vessel may be 

found. 

PART 340—PRIORITY USE AND 

ALLOCATION OF SHIPPING 

SERVICES, CONTAINERS AND 

CHASSIS, AND PORT FACILITIES AND 

SERVICES FOR NATIONAL SECURITY 

AND NATIONAL DEFENSE RELATED 

OPERATIONS 

■ 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 $29,074 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 $168,651 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. 


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2461 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 $89,678 for each 

violation, except the maximum civil 

penalty is $209,249 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 

$540 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 $89,678 for each 

violation, except the maximum civil 

penalty is $209,249 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 

$540 for violations relating to training. 

Appendix A to Subpart D of Part 107 

[Amended] 

■ 19. Amend appendix A to subpart D 

of part 107 by removing ‘‘$84,425 or 

$196,992’’ and ‘‘May 3, 2021’’ and 

adding in their places ‘‘$89,678 or 

$209,249’’ and ‘‘March 21, 2022,’’ 

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 $89,678 for 

each violation, except the maximum 

civil penalty is $209,249 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 

$540 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 $239,142 for each 

violation for each day the violation 

continues, with a maximum 

administrative civil penalty not to 

exceed $2,391,412 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 $87,362, 

which may be in addition to other 

penalties to which such person may be 

subject under paragraph (a) of this 

section. 

(d) Any person who is determined to 

have violated any standard or order 

under 49 U.S.C. 60129 is subject to an 

administrative civil penalty not to 

exceed $1,388, 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 

is revised 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, subchapter A or C of 

chapter I, subtitle B, of this title, or a 

special permit or approval issued under 

subchapter A or C of chapter I, subtitle 

B, of this title is liable for a civil penalty 

of not more than $89,678 for each 

violation, except that— 

(1) The maximum civil penalty for a 

violation is $209,249 if the violation 

results in death, serious illness, or 

severe injury to any person, or 

substantial destruction of property; and 

(2) A minimum $540 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 March 21, 2022. 

■ 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 $89,678 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 $209,249. 

§ 209.409 [Amended] 

■ 27. Amend § 209.409 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 


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■ 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 March 21, 2022, the 

minimum civil monetary penalty was 

raised from $919 to $976, the ordinary 

maximum civil monetary penalty was 

raised from $30,058 to $31,928, and the 

aggravated maximum civil monetary 

penalty was raised from $120,231 to 

$127,712. 

* * * For each regulation in this part 

or order, the schedule shows two 

amounts within the $976 to $31,928 

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 $127,712 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 

‘‘$84,425’’ everywhere it appears and 

add in its place ‘‘$89,678’’; 

■ b. Remove the dollar amount 

‘‘$196,992’’ everywhere it appears and 

add in its place ‘‘$209,249’’; and 

■ c. Remove the dollar amount ‘‘$508’’ 

and add in its place ‘‘$540’’. 

PART 213—TRACK SAFETY 

STANDARDS 

■ 30. The authority citation for part 213 

is revised 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 ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 214—RAILROAD WORKPLACE 

SAFETY 

■ 32. The authority citation for part 214 

is revised 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 ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 215—RAILROAD FREIGHT CAR 

SAFETY STANDARDS 

■ 34. The authority citation for part 215 

is revised 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 ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 216—SPECIAL NOTICE AND 

EMERGENCY ORDER PROCEDURES: 

RAILROAD TRACK, LOCOMOTIVE 

AND EQUIPMENT 

■ 36. The authority citation for part 216 

is revised 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 ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 217—RAILROAD OPERATING 

RULES 

■ 38. The authority citation for part 217 

is revised 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] 

■ 39. Amend § 217.5 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 218—RAILROAD OPERATING 

PRACTICES 

■ 40. The authority citation for part 218 

is revised 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] 

■ 41. Amend § 218.9 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 219—CONTROL OF ALCOHOL 

AND DRUG USE 

■ 42. The authority citation for part 219 

is revised to read as follows: 

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

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

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

4889 (49 U.S.C. 20140 note); and 49 CFR 

1.89. 

§ 219.10 [Amended] 

■ 43. Amend § 219.10 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 


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PART 220—RAILROAD 

COMMUNICATIONS 

■ 44. The authority citation for part 220 

is revised 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] 

■ 45. Amend § 220.7 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 221—REAR END MARKING 

DEVICE—PASSENGER, COMMUTER 

AND FREIGHT TRAINS 

■ 46. The authority citation for part 221 

is revised 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] 

■ 47. Amend § 221.7 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 222—USE OF LOCOMOTIVE 

HORNS AT PUBLIC HIGHWAY-RAIL 

GRADE CROSSINGS 

■ 48. The authority citation for part 222 

is revised 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] 

■ 49. Amend § 222.11 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 223—SAFETY GLAZING 

STANDARDS—LOCOMOTIVES, 

PASSENGER CARS AND CABOOSES 

■ 50. The authority citation for part 223 

is revised 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] 

■ 51. Amend § 223.7 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 224—REFLECTORIZATION OF 

RAIL FREIGHT ROLLING STOCK 

■ 52. The authority citation for part 224 

is revised 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] 

■ 53. Amend § 224.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 225—RAILROAD ACCIDENTS/ 

INCIDENTS: REPORTS 

CLASSIFICATION, AND 

INVESTIGATIONS 

■ 54. The authority citation for part 225 

is revised 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] 

■ 55. Amend § 225.29 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 227—OCCUPATIONAL NOISE 

EXPOSURE 

■ 56. The authority citation for part 227 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 228—PASSENGER TRAIN 

EMPLOYEE HOURS OF SERVICE; 

RECORDKEEPING AND REPORTING; 

SLEEPING QUARTERS 

■ 58. The authority citation for part 228 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

■ 60. 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 March 21, 

2022, the minimum civil monetary 

penalty was raised from $919 to $976, 

the ordinary maximum civil monetary 

penalty was raised from $30,058 to 

$31,928, and the aggravated maximum 

civil monetary penalty was raised from 

$120,231 to $127,712. 

* * * * * 

PART 229—RAILROAD LOCOMOTIVE 

SAFETY STANDARDS 

■ 61. The authority citation for part 229 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 


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■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 230—STEAM LOCOMOTIVE 

INSPECTION AND MAINTENANCE 

STANDARDS 

■ 63. The authority citation for part 230 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 231—RAILROAD SAFETY 

APPLIANCE STANDARDS 

■ 65. The authority citation for part 231 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 233—SIGNAL SYSTEMS 

REPORTING REQUIREMENTS 

■ 67. The authority citation for part 233 

is revised 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] 

■ 68. Amend § 233.11 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 234—GRADE CROSSING 

SAFETY 

■ 69. The authority citation for part 234 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

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 

■ 71. The authority citation for part 235 

is revised 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] 

■ 72. Amend § 235.9 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 236—RULES, STANDARDS, AND 

INSTRUCTIONS GOVERNING THE 

INSTALLATION, INSPECTION, 

MAINTENANCE, AND REPAIR OF 

SIGNAL AND TRAIN CONTROL 

SYSTEMS, DEVICES, AND 

APPLIANCES 

■ 73. The authority citation for part 236 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 237—BRIDGE SAFETY 

STANDARDS 

■ 75. The authority citation for part 237 

is revised to read as follows: 

Authority: 49 U.S.C. 20102–20114; 28 

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

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

§ 237.7 [Amended] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 238—PASSENGER EQUIPMENT 

SAFETY STANDARDS 

■ 77. The authority citation for part 238 

is revised 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] 

■ 78. Amend § 238.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 239—PASSENGER TRAIN 

EMERGENCY PREPAREDNESS 

■ 79. The authority citation for part 239 

is revised 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] 

■ 80. Amend § 239.11 as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 240—QUALIFICATION AND 

CERTIFICATION OF LOCOMOTIVE 

ENGINEERS 

■ 81. The authority citation for part 240 

is revised 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] 

■ 82. Amend § 240.11 in paragraph (a) 

as follows: 


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■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712. 

PART 241—UNITED STATES 

LOCATIONAL REQUIREMENT FOR 

DISPATCHING OF UNITED STATES 

RAIL OPERATIONS 

■ 83. The authority citation for part 241 

is revised 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] 

■ 84. Amend § 241.15 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 242—QUALIFICATION AND 

CERTIFICATION OF CONDUCTORS 

■ 85. The authority citation for part 242 

is revised 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] 

■ 86. Amend § 242.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 243—TRAINING, 

QUALIFICATION, AND OVERSIGHT 

FOR SAFETY-RELATED RAILROAD 

EMPLOYEES 

■ 87. The authority citation for part 243 

is revised 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] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 244—REGULATIONS ON 

SAFETY INTEGRATION PLANS 

GOVERNING RAILROAD 

CONSOLIDATIONS, MERGERS, AND 

ACQUISITIONS OF CONTROL 

■ 89. The authority citation for part 244 

is revised to read as follows: 

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

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

and 49 CFR 1.89. 

§ 244.5 [Amended] 

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

follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 272—CRITICAL INCIDENT 

STRESS PLANS 

■ 91. The authority citation for part 272 

is revised to read as follows: 

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

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

§ 272.11 [Amended] 

■ 92. Amend § 272.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$919’’ 

and add in its place ‘‘$976’’; 

■ b. Remove the dollar amount 

‘‘$30,058’’ and add in its place 

‘‘$31,928’’; and 

■ c. Remove the dollar amount 

‘‘$120,231’’ and add in its place 

‘‘$127,712’’. 

PART 386—RULES OF PRACTICE FOR 

FMCSA PROCEEDINGS 

■ 93. 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. 

■ 94. Amend appendix A to part 386 by 

revising the introductory text, 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 

The Civil Penalties Inflation Adjustment 

Act Improvements Act of 2015 [Pub. L. 114– 

74, sec. 701, 129 Stat. 599] amended the 

Federal Civil Penalties Inflation Adjustment 

Act of 1990 to require agencies to adjust civil 

penalties. Pursuant to that authority, the 

adjusted civil penalties identified in this 

appendix supersede the corresponding civil 

penalty amounts identified in title 49, United 

States Code. 

* * * * * 

II. Subpoena 

Violation—Failure to respond to Agency 

subpoena to appear and testify or produce 

records. 

Penalty—minimum of $1,195 but not more 

than $11,956 per violation. 

* * * * * 

IV. Out-of-Service Order 

a. Violation—Operation of a commercial 

vehicle by a driver during the period the 

driver was placed out of service. 

Penalty—Up to $2,072 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 $20,719 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—$2,072 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 $20,719 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 $1,036 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 $29,893 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. 


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Penalty—Up to $26,269 per day the 

operation continues after the effective date 

and time of the out-of-service order. 

i. Violation—Conducting operations during 

a period of suspension under § 386.83 or 

§ 386.84 for failure to pay penalties. 

Penalty—Up to $16,864 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 $26,269 for each day that 

operations are conducted during the 

suspension or revocation period. 

■ 95. Amend appendix B to part 386 by 

removing the heading preceding the 

introductory text and revising the 

introductory text and 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 

The Civil Penalties Inflation Adjustment 

Act Improvements Act of 2015 [Pub. L. 114– 

74, sec. 701, 129 Stat. 599] amended the 

Federal Civil Penalties Inflation Adjustment 

Act of 1990 to require agencies to adjust civil 

penalties. Pursuant to that authority, the 

adjusted civil penalties identified in this 

appendix supersede the corresponding civil 

penalty amounts identified in title 49, United 

States Code. 

What are the types of violations and 

maximum monetary penalties? 

(a) * * * 

(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 $1,388 for each day the 

violation continues, up to $13,885. 

(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 $13,885 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 $16,864 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 $4,216. 

(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 

$3,471 for a first conviction and not less than 

$6,943 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 $6,269; 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 

$3,471 for a first conviction and not less than 

$6,943 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 $6,269 or 

more than $34,712; 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 $17,995. 

* * * * * 

(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 $18,500. 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 $89,678 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 

$540 and not more than $89,678 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 $89,678 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 $89,678. 

(5) If any violation subject to the civil 

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

(4) of this appendix results in death, serious 

illness, or severe injury to any person or in 

substantial destruction of property, the civil 

penalty may be increased to not more than 

$209,249 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 $29,893 (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 $89,678 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 $209,249 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 $11,956 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 $11,956 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 $29,893 

per violation. 


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(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 $11,956 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 $16,443 for an intentional 

violation and a maximum penalty of $41,110 

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 $23,915 and 

a maximum penalty of $47,829 per violation. 

(7) A motor carrier or freight forwarder of 

household goods, or their receiver or trustee, 

that does not comply with any regulation 

relating to the protection of individual 

shippers, is liable for a minimum penalty of 

$1,798 per violation. 

(8) A person— 

(i) Who falsifies, or authorizes an agent or 

other person to falsify, documents used in 

the transportation of household goods by 

motor carrier or freight forwarder to evidence 

the weight of a shipment; or 

(ii) Who charges for services which are not 

performed or are not reasonably necessary in 

the safe and adequate movement of the 

shipment is liable for a minimum penalty of 

$3,600 for the first violation and $8,998 for 

each subsequent violation. 

* * * * * 

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

receives transportation of property by a 

carrier at a different rate than the rate in 

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

maximum penalty of $179,953 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 $359 for the first violation and 

$449 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 $901 for the first violation 

and up to $3,600 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 $901 for the 

first violation and up to $3,600 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 $17,995 

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 $1,195 and for a 

maximum penalty of $8,998 per violation if 

it does not make the report, does not 

completely and truthfully answer the 

question within 30 days from the date the 

Secretary requires the answer, does not make 

or preserve the record in the form and 

manner prescribed, falsifies, destroys, or 

changes the report or record, files a false 

report or record, makes a false or incomplete 

entry in the record about a business-related 

fact, or prepares or preserves a record in 

violation of a regulation or order of the 

Secretary. 

(17) A motor carrier, water carrier, freight 

forwarder, or broker, or their officer, receiver, 

trustee, lessee, employee, or other person 

authorized to receive information from them, 

who discloses information identified in 49 

U.S.C. 14908 without the permission of the 

shipper or consignee is liable for a maximum 

penalty of $3,600. 

(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 $901 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 $17,995 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 $13,885 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 $34,712 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 $1,388 for each 

offense. Each day of a continuing violation 

constitutes a separate offense, except that the 

total of all civil penalties against any violator 

for all offenses related to a single violation 

shall not exceed $13,885. 

(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 $2,392 but not more than 

$5,978 for the first violation and at least 

$2,988 but not more than $8,958 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 $2,392 for the first violation or at 

least $5,978 for a subsequent violation. 

PART 578—CIVIL AND CRIMINAL 

PENALTIES 

■ 96. 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. 

■ 97. Amend § 578.6 by revising 

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

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


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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15873 

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 $24,423 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 $122,106,996. 

(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 $13,885 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 

$20,827,441. 

(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 $24,423 per 

violation per day. The maximum 

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

related series of daily violations is 

$122,106,996. 

(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 $5,978 per day. The 

maximum penalty under this paragraph 

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

violations is $1,195,707. 

(b) National Automobile Title 

Information System. An individual or 

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

liable to the United States Government 

for a civil penalty of not more than 

$1,949 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 $3,198 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 $3,561,551. 

(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 $3,198 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 $1,744,386. 

(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 $66,191 for 

each violation. 

(e) Country of origin content labeling. 

A manufacturer of a passenger motor 

vehicle distributed in commerce for sale 

in the United States that willfully fails 

to attach the label required under 49 

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

vehicle that the manufacturer 

manufactures or imports, or a dealer 

that fails to maintain that label as 

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

to the United States Government for a 

civil penalty of not more than $1,949 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 $11,956 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 $1,195,707. 

(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 $11,956, 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 $2,627 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 $656,665. 

(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 $195,054 a day for each 

violation. 

(h) * * * 

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

32911(a) is liable to the United States 

Government for a civil penalty of not 

more than $45,973 for each violation. A 

separate violation occurs for each day 

the violation continues. 

* * * * * 

(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 $45,273 per 

vehicle or engine. The maximum civil 

penalty for a related series of violations 

shall be determined by multiplying 

$45,273 times the vehicle or engine 

production volume for the model year 

in question within the regulatory 

averaging set. 

Signed in Washington, DC, on February 25, 

2022. 

Peter Paul Montgomery Buttigieg, 

Secretary of Transportation. 

[FR Doc. 2022–04456 Filed 3–18–22; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0289; Project 

Identifier MCAI–2022–00254–Q; Amendment 

39–21992; AD 2022–07–05] 

RIN 2120–AA64 

Airworthiness Directives; MARS A.S. 

Parachutes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–05– 

09, which applied to certain MARS A.S. 

emergency parachutes. AD 2022–05–09 

required removing emergency 

parachutes with certain manufacture 

dates or serial numbers from service. 

Since the FAA issued AD 2022–05–09, 

the European Union Aviation Safety 

Agency (EASA) superseded its 

mandatory continuing airworthiness 


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