`[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106282-106301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30608]



[[Page 106282]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 13 and 406

Office of the Secretary

14 CFR Part 383

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401

Maritime Administration

46 CFR Parts 221, 307, 340, and 356

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, and 190

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 
223, 224, 225, 227, 228, 229, 230, 231, 233, 234, 235, 236, 237, 
238, 239, 240, 241, 242, 243, 244, and 272

Federal Motor Carrier Safety Administration

49 CFR Part 386

National Highway Traffic Safety Administration

49 CFR Part 578

RIN 2105-AF16


Revisions to Civil Penalty Amounts, 2025

AGENCY: Department of Transportation (DOT or the Department).

ACTION: Final rule.

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SUMMARY: This final rule provides the statutorily prescribed 2025 
adjustment to civil penalty amounts that may be imposed for violations 
of certain DOT regulations.

DATES: This rule is effective December 30, 2024.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor, 
Office of the General Counsel, U.S. Department of Transportation, 1200 
New Jersey Ave. SE, Washington, DC 20590, 202-366-7253; 
[email protected].

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    This rule implements the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 (2015 Act), Public Law 114-74, 129 Stat. 599, codified at 28 
U.S.C. 2461 note. The FCPIAA and the 2015 Act require Federal agencies 
to adjust minimum and maximum civil penalty amounts to preserve their 
deterrent impact. The 2015 Act amended the formula and frequency of the 
adjustments. It required an initial catch-up adjustment in the form of 
an interim final rule, followed by annual adjustments of civil penalty 
amounts using a statutorily mandated formula. Section 4(b)(2) of the 
2015 Act specifically directs that the annual adjustment be 
accomplished through final rule without notice and comment. This rule 
is effective immediately.
    The Department's authorities over the specific civil penalty 
regulations being amended by this rule are provided in the preamble 
discussion below.

I. Background

    On November 2, 2015, the President signed into law the 2015 Act, 
which amended the FCPIAA, to improve the effectiveness of civil 
monetary penalties and to maintain their deterrent effect. The 2015 Act 
requires Federal agencies to: (1) adjust the level of civil monetary 
penalties with an initial ``catch-up'' adjustment through an interim 
final rule (IFR); and (2) make subsequent annual adjustments.
    The 2015 Act directed the Office of Management and Budget (OMB) to 
issue guidance on implementing the required annual adjustment no later 
than December 15 of each year.\1\ OMB released this required guidance 
in OMB Memorandum M-25-02, available at https://www.whitehouse.gov/omb/information-for-agencies/memoranda/, which provides instructions on how 
to calculate the 2025 annual adjustment. To derive the 2025 adjustment, 
the Department must multiply the maximum or minimum penalty amount by 
the percent change between the October 2024 Consumer Price Index for 
All Urban Consumers (CPI-U) and the October 2023 CPI-U. In this case, 
as explained in OMB Memorandum M-25-02, the percent change between the 
October 2024 CPI-U and the October 2023 CPI-U is 1.02598.\2\
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    \1\ 28 U.S.C. 2461 note.
    \2\ Agencies may calculate the percent change using the CPI-U 
numbers, which are typically issued in November each year, and 
confirm their calculations upon issuance of the annual OMB guidance.
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    On May 16, 2024, the President signed the FAA Reauthorization Act 
of 2024 (2024 Reauthorization Act) (Pub. L. 118-63) into law. Updates 
to the Department's civil penalties authority in the 2024 
Reauthorization Act are reflected, as appropriate, in this final rule.

II. Issuance of a Final Rule

    This final rule is being published without notice and comment and 
with an immediate effective date. The 2015 Act provides clear direction 
for how to adjust the civil penalties, and clearly states at section 
4(b)(2) that this adjustment shall be made ``notwithstanding section 
553 of title 5, United States Code.'' By operation of the 2015 Act, DOT 
must publish an annual adjustment by January 15 of every year, and the 
new levels take effect upon publication of the rule. Accordingly, DOT 
is publishing this final rule without prior notice and comment, and 
with an immediate effective date.

III. Discussion of the Final Rule

    In 2016, OST and DOT's operating administrations with civil 
monetary penalties promulgated the ``catch up'' IFR required by the 
2015 Act. All DOT operating administrations have 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) 2025 Adjustments

    OST's 2025 civil penalty adjustments are summarized in the chart 
below. Pursuant to section 507 of the 2024 Reauthorization Act, the 
Department increased the maximum civil penalty in 49 U.S.C. 46301(a)(1) 
to $75,000 for persons who are not individuals or small business 
concerns.\3\ The maximum penalty for individuals and small business 
concerns was not

[[Page 106283]]

changed by the 2024 Reauthorization Act.
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    \3\ The 2015 Act specifies that if a civil penalty is increased 
by an amount greater than the amount of the required adjustment 
during the 12-month period preceding the required adjustment, the 
Secretary is not required to make the adjustment for that year. 
Consistent with this provision, the $75,000 amount will not be 
increased in this 2025 adjustment.
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    Also, subsection 542(a) of the 2024 Reauthorization Act requires 
DOT to issue a notice of proposed rulemaking to develop requirements 
for minimum training standards related to stowing on an aircraft 
wheelchairs and scooters used by passengers with disabilities. 
Subsections (b) and (c) specify requirements of the rule and 
considerations that the Department must make in conducting the 
rulemaking. Subsection (d) requires issuance of a final rule, and 
subsection (e) authorizes DOT to assess a civil penalty in accordance 
with 49 U.S.C. 46301 against any air carrier or foreign air carrier who 
does not meet the requirements established in the rulemaking. In 
addition, subsection 543(a) of the 2024 Reauthorization Act requires 
DOT to issue a notice of proposed rulemaking to develop requirements 
for minimum training standards for airline personnel or contractors who 
assist wheelchair users who board or deplane using an aisle chair or 
other boarding device. Subsections (b) and (c) specify requirements of 
the rule and considerations that the Department must make in conducting 
the rulemaking. Subsection (d) requires issuance of a final rule, and 
subsection (e) authorizes DOT to assess a civil penalty in accordance 
with 49 U.S.C. 46301 against any air carrier or foreign air carrier who 
does not meet the requirements established in the rulemaking. DOT will 
conduct the rulemakings as required by the 2024 Reauthorization Act. 
Any penalties would subsequently be included and updated in the 
Department's annual civil penalties update rulemaking.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                 Description                             Citation                Existing      (existing penalty
                                                                                  penalty         x 1.02598)
----------------------------------------------------------------------------------------------------------------
General civil penalty for violations of       49 U.S.C. 46301(a)(1).........         $41,577             $75,000
 certain aviation economic regulations and
 statutes.
General civil penalty for violations of       49 U.S.C. 46301(a)(1).........           1,828               1,875
 certain aviation economic regulations and
 statutes involving an individual or small
 business concern.
Civil penalties for individuals or small      49 U.S.C. 46301(a)(5)(A)......          16,630              17,062
 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 individuals or small      49 U.S.C. 46301(a)(5)(C)......           8,315               8,531
 businesses for violations of 49 U.S.C.
 41719 and rules and orders issued pursuant
 to that provision.
Civil penalties for individuals or small      49 U.S.C. 46301(a)(5)(D)......           4,159               4,267
 businesses for violations of 49 U.S.C.
 41712 or consumer protection rules and
 orders issued pursuant to that provision.
----------------------------------------------------------------------------------------------------------------

B. Federal Aviation Administration (FAA) 2025 Adjustments

    FAA's 2025 civil penalty adjustments are summarized in the chart 
below. Pursuant to section 507 of the 2024 Reauthorization Act, the 
Department increased the maximum civil penalty in 49 U.S.C. 46301(a)(1) 
to $75,000 for persons who are not individuals or small business 
concerns. The Department also added the civil penalty specified in 
section 770 of the 2024 Reauthorization Act for violations of 47 U.S.C. 
47107(a)(22) related to the restriction or prohibition of the sale or 
self-fueling of any 100-octane low lead aviation gasoline, including 
any grant assurances made under that section.\4\
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    \4\ As noted in footnote 3, the 2015 Act specifies that if a 
civil penalty is increased by an amount greater than the amount of 
the required adjustment during the 12-month period preceding the 
required adjustment, the Secretary is not required to make the 
adjustment for that year. Consistent with this provision, the $5,000 
amount will not be increased in this 2025 adjustment.

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                                                                                                  New penalty
                 Description                             Citation                Existing      (existing penalty
                                                                                  penalty         x 1.02598)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials              49 U.S.C. 5123(a)(1)..........         $99,756            $102,348
 transportation law.
Violation of hazardous materials              49 U.S.C. 5123(a)(2)..........         232,762             238,809
 transportation law resulting in death,
 serious illness, severe injury, or
 substantial property destruction.
Minimum penalty for violation of hazardous    49 U.S.C. 5123(a)(3)..........             601                 617
 materials transportation law relating to
 training.
Maximum penalty for violation of hazardous    49 U.S.C. 5123(a)(3)..........          99,756             102,348
 materials transportation law relating to
 training.
Knowing presentation of a nonconforming       49 U.S.C. 44704(d)(3)(B)......       1,181,581           1,212,278
 aircraft for issuance of an initial
 airworthiness certificate by a production
 certificate holder.
Knowing failure by an applicant for or        49 U.S.C. 44704(e)(4)(A)......       1,181,582           1,212,278
 holder of a type certificate to submit
 safety critical information or include
 certain such information in an airplane
 flight manual or flight crew operating
 manual contrary to 49 U.S.C. 44704(e)(1)-
 (3).
Operation of an unmanned aircraft or          49 U.S.C. 44802 note..........          30,417              31,207
 unmanned aircraft system equipped or armed
 with a dangerous weapon.
Violation by a person other than an           49 U.S.C. 46301(a)(1).........          41,577              75,000
 individual or small business concern under
 49 U.S.C. 46301(a)(1)(A) or (B).
Violation by an airman serving as an airman   49 U.S.C. 46301(a)(1).........           1,828               1,875
 under 49 U.S.C. 46301(a)(1)(A) or (B) (but
 not covered by 46301(a)(5)(A) or (B)).
Violation by an individual or small business  49 U.S.C. 46301(a)(1).........           1,828               1,875
 concern under 49 U.S.C. 46301(a)(1)(A) or
 (B) (but not covered in 49 U.S.C.
 46301(a)(5)).

[[Page 106284]]

 
Violation by an individual or small business  49 U.S.C. 46301(a)(5)(A)......          16,630              17,062
 concern (except an airman serving as an
 airman) under 49 U.S.C. 46301(a)(5)(A)(i)
 or (ii).
Violation by an individual or small business  49 U.S.C. 46301(a)(5)(B)(i)...          16,630              17,062
 concern related to the transportation of
 hazardous materials.
Violation by an individual or small business  49 U.S.C. 46301(a)(5)(B)(ii)..          16,630              17,062
 concern related to the registration or
 recordation under 49 U.S.C. chapter 441, of
 an aircraft not used to provide air
 transportation.
Violation by an individual or small business  49 U.S.C. 46301(a)(5)(B)(iii).          16,630              17,062
 concern of 49 U.S.C. 44718(d), relating to
 limitation on construction or establishment
 of landfills.
Violation by an individual or small business  49 U.S.C. 46301(a)(5)(B)(iv)..          16,630              17,062
 concern of 49 U.S.C. 44725, relating to the
 safe disposal of life- limited aircraft
 parts.
Individual who aims the beam of a laser       49 U.S.C. 46301 note..........          31,819              32,646
 pointer at an aircraft in the airspace
 jurisdiction of the United States, or at
 the flight path of such an aircraft.
Tampering with a smoke alarm device.........  49 U.S.C. 46301(b)............           5,339               5,478
Knowingly providing false information about   49 U.S.C. 46302...............          28,995              29,748
 alleged violation involving the special
 aircraft jurisdiction of the United States.
Physical or sexual assault or threat to       49 U.S.C. 46318...............          43,658              44,792
 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.
Permanent closure of an airport without       49 U.S.C. 46319...............          16,630              17,062
 providing sufficient notice.
Operating an unmanned aircraft and in so      49 U.S.C. 46320...............          25,455              26,116
 doing knowingly or recklessly interfering
 with a wildfire suppression, law
 enforcement, or emergency response effort.
Violation of 49 U.S.C. 41707(a)(22),          49 U.S.C. 46301(a)(8).........             N/A               5,000
 including any grant assurances made under
 that section.
Violation of 51 U.S.C. 50901-50923, a         51 U.S.C. 50917(c)............         292,181             299,772
 regulation issued under these statutes, or
 any term or condition of a license or
 permit issued or transferred under these
 statutes.
----------------------------------------------------------------------------------------------------------------

C. National Highway Traffic Safety Administration (NHTSA) 2025 
Adjustments

    NHTSA's 2025 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                 Description                             Citation                Existing      (existing penalty
                                                                                  penalty         x 1.02598)
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for each violation     49 U.S.C. 30165(a)(1),                 $27,168             $27,874
 of: 49 U.S.C. 30112, 30115, 30117-30122,      30165(a)(3).
 30123(a), 30125(c), 30127, 30141-30147,
 30166 or 31137, or a regulation prescribed
 under any of these sections.
Maximum penalty amount for a related series   49 U.S.C. 30165(a)(1),             135,828,178         139,356,994
 of violations of: 49 U.S.C. 30112, 30115,     30165(a)(3).
 30117-30122, 30123(a), 30125(c), 30127,
 30141-30147, 30166 or 31137, or a
 regulation prescribed under any of these
 sections.
Maximum penalty per school bus related        49 U.S.C. 30165(a)(2)(A)......          15,445              15,846
 violation of 49 U.S.C. 30112(a)(1) or
 30112(a)(2).
Maximum penalty amount for a series of        49 U.S.C. 30165(a)(2)(B)......      23,167,823          23,769,723
 school bus related violations of 49 U.S.C.
 30112(a)(1) or 30112(a)(2).
Maximum penalty per violation for filing      49 U.S.C. 30165(a)(4).........           6,650               6,823
 false or misleading reports.
Maximum penalty amount for a series of        49 U.S.C. 30165(a)(4).........       1,330,069           1,364,624
 violations related to filing false or
 misleading reports.
Maximum penalty amount for each violation of  49 U.S.C. 30505...............           2,168               2,224
 the reporting requirements related to
 maintaining the National Motor Vehicle
 Title Information System.
Maximum penalty amount for each violation of  49 U.S.C. 32507(a)............           3,558               3,650
 a bumper standard under 49 U.S.C. 32506.
Maximum penalty amount for a series of        49 U.S.C. 32507(a)............       3,961,763           4,064,690
 violations of a bumper standard under 49
 U.S.C. 32506.
Maximum penalty amount for each violation of  49 U.S.C. 32308(b)............           3,558               3,650
 49 U.S.C. 32308(a) related to providing
 information on crashworthiness and damage
 susceptibility.
Maximum penalty amount for a series of        49 U.S.C. 32308(b)............       1,940,403           1,990,815
 violations of 49 U.S.C. 32308(a) related to
 providing information on crashworthiness
 and damage susceptibility.

[[Page 106285]]

 
Maximum penalty for each violation related    49 U.S.C. 32308(c)............          73,628              75,541
 to the tire fuel efficiency information
 program.
Maximum civil penalty for willfully failing   49 U.S.C. 32309...............           2,168               2,224
 to affix, or failing to maintain, the label
 required in 49 U.S.C. 32304.
Maximum penalty amount per violation related  49 U.S.C. 32709...............          13,300              13,676
 to odometer tampering and disclosure.
Maximum penalty amount for a related series   49 U.S.C. 32709...............       1,330,069           1,364,624
 of violations related to odometer tampering
 and disclosure.
Maximum penalty amount per violation related  49 U.S.C. 32710...............          13,330              13,676
 to odometer tampering and disclosure with
 intent to defraud.
Maximum penalty amount for each violation of  49 U.S.C. 33115(a)............           2,922               2,998
 49 U.S.C. 33114(a)(1)-(4).
Maximum penalty amount for a related series   49 U.S.C. 33115(a)............         730,455             749,432
 of violations of 49 U.S.C. 33114(a)(1)-(4).
Maximum civil penalty for violations of 49    49 U.S.C. 33115(b)............         216,972             222,609
 U.S.C. 33114(a)(5).
Maximum civil penalty for violations under    49 U.S.C 32912(a).............          51,139              52,468
 49 U.S.C. 32911(a) related to automobile
 fuel economy.
Civil penalty factor for violations of fuel   49 U.S.C. 32912(b)............              17                  17
 economy standards prescribed for a model
 year under 49 U.S.C. 32902.\5\
Maximum civil penalty factor that may be      49 U.S.C. 32912(c)(1)(B)......              32                  33
 prescribed for fuel economy standards under
 49 U.S.C. 32912(c)(1)(A).
Maximum civil penalty for a violation under   49 U.S.C. 32902...............          50,360              51,668
 the medium- and heavy-duty vehicle fuel
 efficiency program.
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D. Federal Motor Carrier Safety Administration (FMCSA) 2025 Adjustments

    FMCSA's civil penalties affected by this rule are all located in 
appendices A and B to 49 CFR part 386. The 2025 adjustments to these 
civil penalties are summarized in the chart below. Note that in the 
regulatory text for the 2023 update, the penalty for violations of 
Appendix A IV (i) Out-of-service order (conducting operations during 
suspension or revocation for failure to pay penalties) and the penalty 
for Appendix B (a)(3) Non-recordkeeping violations were incorrectly 
stated as $18,758. The correct dollar amount, as stated in the preamble 
of the 2023 update, was $18,759. The error in the regulatory text has 
been corrected in this 2024 update, reflecting a penalty for this 2025 
update of $19,246.
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    \5\ For model years before model year 2019, the civil penalty is 
$5.50; for model years 2019 through 2021, the civil penalty is $14; 
for model year 2022, the civil penalty is $15; for model year 2023, 
the civil penalty is $16; for model years 2024 and 2025, the civil 
penalty is $17.

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                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                               Citation                  penalty        penalty x
                                                                                                     1.02598)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena........................  49 U.S.C. 525...................          $1,330          $1,365
Appendix A II Subpoena........................  49 U.S.C. 525...................          13,300          13,676
Appendix A IV (a) Out-of-service order          49 U.S.C. 521(b)(7).............           2,304           2,364
 (operation of commercial motor vehicle (CMV)
 by driver).
Appendix A IV (b) Out-of-service order          49 U.S.C. 521(b)(7).............          23,048          23,647
 (requiring or permitting operation of CMV by
 driver).
Appendix A IV (c) Out-of-service order          49 U.S.C. 521(b)(7).............           2,304           2,364
 (operation by driver of CMV or intermodal
 equipment that was placed out of service).
Appendix A IV (d) Out-of-service order          49 U.S.C. 521(b)(7).............          23,048          23,647
 (requiring or permitting operation of CMV or
 intermodal equipment that was placed out of
 service).
Appendix A IV (e) Out-of-service order          49 U.S.C. 521(b)(2)(B)..........           1,152           1,182
 (failure to return written certification of
 correction).
Appendix A IV (g) Out-of-service order          49 U.S.C. 521(b)(2)(F)..........          33,252          34,116
 (failure to cease operations as ordered).
Appendix A IV (h) Out-of-service order          49 U.S.C. 521(b)(7).............          29,221          29,980
 (operating in violation of order).
Appendix A IV (i) Out-of-service order          49 U.S.C. 521(b)(2)(A) and                18,759          19,246
 (conducting operations during suspension or     (b)(7).
 revocation for failure to pay penalties).
Appendix A IV (j) (conducting operations        49 U.S.C. 521(b)(7).............          29,221          29,980
 during suspension or revocation).
Appendix B (a)(1) Recordkeeping--maximum        49 U.S.C. 521(b)(2)(B)(i).......           1,544           1,584
 penalty per day.
Appendix B (a)(1) Recordkeeping--maximum total  49 U.S.C. 521(b)(2)(B)(i).......          15,445          15,846
 penalty.
Appendix B (a)(2) Knowing falsification of      49 U.S.C. 521(b)(2)(B)(ii)......          15,445          15,846
 records.
Appendix B (a)(3) Non- recordkeeping            49 U.S.C. 521(b)(2)(A)..........          18,759          19,246
 violations.

[[Page 106286]]

 
Appendix B (a)(4) Non- recordkeeping            49 U.S.C. 521(b)(2)(A)..........           4,690           4,812
 violations by drivers.
Appendix B (a)(5) Violation of 49 CFR 392.5     49 U.S.C. 31310(i)(2)(A)........           3,861           3,961
 (first conviction).
Appendix B (a)(5) Violation of 49 CFR 392.5     49 U.S.C. 31310(i)(2)(A)........           7,723           7,924
 (second or subsequent conviction).
Appendix B (b) Commercial driver's license      49 U.S.C. 521(b)(2)(C)..........           6,974           7,155
 (CDL) violations.
Appendix B (b)(1): Special penalties            49 U.S.C. 31310(i)(2)(A)........           3,861           3,961
 pertaining to violation of out-of-service
 orders (first conviction).
Appendix B (b)(1) Special penalties pertaining  49 U.S.C. 31310(i)(2)(A)........           7,723           7,924
 to violation of out-of-service orders (second
 or subsequent conviction).
Appendix B (b)(2) Employer violations           49 U.S.C. 521(b)(2)(C)..........           6,974           7,155
 pertaining to knowingly allowing, authorizing
 employee violations of out-of-service order
 (minimum penalty).
Appendix B (b)(2) Employer violations           49 U.S.C. 31310(i)(2)(C)........          38,612          39,615
 pertaining to knowingly allowing, authorizing
 employee violations of out-of-service order
 (maximum penalty).
Appendix B (b)(3) Special penalties pertaining  49 U.S.C. 31310(j)(2)(B)........          20,017          20,537
 to railroad-highway grade crossing violations.
Appendix B (d) Financial responsibility         49 U.S.C. 31138(d)(1),                    20,579          21,114
 violations.                                     31139(g)(1).
Appendix B (e)(1) Violations of Hazardous       49 U.S.C. 5123(a)(1)............          99,756         102,348
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (transportation or
 shipment of hazardous materials).
Appendix B (e)(2) Violations of Hazardous       49 U.S.C. 5123(a)(3)............             601             617
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--minimum
 penalty.
Appendix B (e)(2): Violations of Hazardous      49 U.S.C. 5123(a)(1)............          99,756         102,348
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--maximum
 penalty.
Appendix B (e)(3) Violations of Hazardous       49 U.S.C. 5123(a)(1)............          99,756         102,348
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (packaging or
 container).
Appendix B (e)(4): Violations of Hazardous      49 U.S.C. 5123(a)(1)............          99,756         102,348
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (compliance with
 FMCSRs).
Appendix B (e)(5) Violations of Hazardous       49 U.S.C. 5123(a)(2)............         232,762         238,809
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (death, serious
 illness, severe injury to persons;
 destruction of property).
Appendix B (f)(1) Operating after being         49 U.S.C. 521(b)(2)(F)..........          33,252          34,116
 declared unfit by assignment of a final
 ``unsatisfactory'' safety rating (generally).
Appendix B (f)(2) Operating after being         49 U.S.C. 5123(a)(1)............          99,756         102,348
 declared unfit by assignment of a final
 ``unsatisfactory'' safety rating (hazardous
 materials)-maximum penalty.
Appendix B (f)(2): Operating after being        49 U.S.C. 5123(a)(2)............         232,762         238,809
 declared unfit by assignment of a final
 ``unsatisfactory'' safety rating (hazardous
 materials)-maximum penalty if death, serious
 illness, severe injury to persons;
 destruction of property.
Appendix B (g)(1): Violations of the            49 U.S.C. 14901(a)..............          13,300          13,676
 commercial regulations (CRs) (property
 carriers).
Appendix B (g)(2) Violations of the CRs         49 U.S.C. 14916(c)..............          13,300          13,676
 (brokers).
Appendix B (g)(3) Violations of the CRs         49 U.S.C. 14901(a)..............          33,252          34,116
 (passenger carriers).
Appendix B (g)(4) Violations of the CRs         49 U.S.C. 14901(a)..............          13,300          13,676
 (foreign motor carriers, foreign motor
 private carriers).
Appendix B (g)(5) Violations of the operating   49 U.S.C. 14901 note............          18,291          18,766
 authority requirement (foreign motor
 carriers, foreign motor private carriers)--
 maximum penalty for intentional violation.
Appendix B (g)(5) Violations of the operating   49 U.S.C. 14901 note............          45,730          46,918
 authority requirement (foreign motor
 carriers, foreign motor private carriers)--
 maximum penalty for a pattern of intentional
 violations.
Appendix B (g)(6) Violations of the CRs (motor  49 U.S.C. 14901(b)..............          26,602          27,293
 carrier or broker for transportation of
 hazardous wastes)--minimum penalty.

[[Page 106287]]

 
Appendix B (g)(6) Violations of the CRs (motor  49 U.S.C. 14901(b)..............          53,203          54,585
 carrier or broker for transportation of
 hazardous wastes)--maximum penalty.
Appendix B (g)(7): Violations of the CRs        49 U.S.C. 14901(d)(1)...........           2,000           2,052
 (household goods (HHG) carrier or freight
 forwarder, or their receiver or trustee).
Appendix B (g)(8) Violation of the CRs (weight  49 U.S.C. 14901(e)..............           4,005           4,109
 of HHG shipment, charging for services)--
 minimum penalty for first violation.
Appendix B (g)(8) Violation of the CRs (weight  49 U.S.C. 14901(e)..............          10,009          10,269
 of HHG shipment, charging for services)--
 minimum penalty for subsequent violation.
Appendix B (g)(10) Tariff violations..........  49 U.S.C. 13702, 14903..........         200,174         205,375
Appendix B (g)(11) Additional tariff            49 U.S.C. 14904(a)..............             400             410
 violations (rebates or concessions)--first
 violation.
Appendix B (g)(11) Additional tariff            49 U.S.C. 14904(a)..............             500             513
 violations (rebates or concessions)--
 subsequent violations.
Appendix B (g)(12): Tariff violations (freight  49 U.S.C. 14904(b)(1)...........           1,002           1,028
 forwarders)--maximum penalty for first
 violation.
Appendix B (g)(12): Tariff violations (freight  49 U.S.C. 14904(b)(1)...........           4,005           4,109
 forwarders)--maximum penalty for subsequent
 violations.
Appendix B (g)(13): service from freight        49 U.S.C. 14904(b)(2)...........           1,002           1,028
 forwarder at less than rate in effect--
 maximum penalty for first violation.
Appendix B (g)(13): service from freight        49 U.S.C. 14904(b)(2)...........           4,005           4,109
 forwarder at less than rate in effect--
 maximum penalty for subsequent violation(s).
Appendix B (g)(14): Violations related to       49 U.S.C. 14905.................          20,017          20,537
 loading and unloading motor vehicles.
Appendix B (g)(16): Reporting and               49 U.S.C. 14901.................           1,330           1,365
 recordkeeping under 49 U.S.C. subtitle IV,
 part B (except 13901 and 13902(c))--minimum
 penalty.
Appendix B (g)(16): Reporting and               49 U.S.C. 14907.................          10,009          10,269
 recordkeeping under 49 U.S.C. subtitle IV,
 part B--maximum penalty.
Appendix B (g)(17): Unauthorized disclosure of  49 U.S.C. 14908.................           4,005           4,109
 information.
Appendix B (g)(18): Violation of 49 U.S.C.      49 U.S.C. 14910.................           1,002           1,028
 subtitle IV, part B, or condition of
 registration.
Appendix B (g)(21)(i): Knowingly and willfully  49 U.S.C. 14915.................          20,017          20,537
 fails to deliver or unload HHG at destination.
Appendix B (g)(22): HHG broker estimate before  49 U.S.C. 14901(d)(2)...........          15,445          15,846
 entering into an agreement with a motor
 carrier.
Appendix B (g)(23): HHG transportation or       49 U.S.C. 14901 (d)(3)..........          38,612          39,615
 broker services--registration requirement.
Appendix B (h): Copying of records and access   49 U.S.C. 521(b)(2)(E)..........           1,544           1,584
 to equipment, lands, and buildings--maximum
 penalty per day.
Appendix B (h): Copying of records and access   49 U.S.C. 521(b)(2)(E)..........          15,445          15,846
 to equipment, lands, and buildings--maximum
 total penalty.
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           2,661           2,730
 under 49 U.S.C. ch. 5, 51, subchapter III of
 ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 minimum penalty for first violation.
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           6,650           6,823
 under 49 U.S.C. ch. 5, 51, subchapter III of
 ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 maximum penalty for first violation.
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           3,323           3,409
 under 49 U.S.C. ch. 5, 51, subchapter III of
 ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 minimum penalty for subsequent violation(s).

[[Page 106288]]

 
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           9,965          10,224
 under 49 U.S.C. ch. 5, 51, subchapter III of
 ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 maximum penalty for subsequent violation(s).
Appendix B (i)(2): Evasion of regulations       49 U.S.C. 14906.................           2,661           2,730
 under 49 U.S.C. subtitle IV, part B--minimum
 penalty for first violation.
Appendix B (i)(2): Evasion of regulations       49 U.S.C. 14906.................           6,650           6,823
 under 49 U.S.C. subtitle IV, part B--minimum
 penalty for subsequent violation(s).
----------------------------------------------------------------------------------------------------------------

E. Federal Railroad Administration (FRA) 2025 Adjustments

    FRA's 2025 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                 Description                              Citation                Existing     (existing penalty
                                                                                   penalty         x 1.02598)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty.................  49 U.S.C. ch. 213..............          $1,086             $1,114
Ordinary maximum rail safety penalty........  49 U.S.C. ch. 213..............          35,516             36,439
Maximum penalty for an aggravated rail        49 U.S.C. ch. 213..............         142,063            145,754
 safety violation.
Minimum penalty for hazardous materials       49 U.S.C. 5123.................             601                617
 training violations.
Maximum penalty for ordinary hazardous        49 U.S.C. 5123.................          99,756            102,348
 materials violations.
Maximum penalty for aggravated hazardous      49 U.S.C. 5123.................         232,762            238,809
 materials violations.
----------------------------------------------------------------------------------------------------------------

F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2025 
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 Sec.  171.1. The civil penalties 
affected by this rule for pipeline safety violations are located in 
Sec.  190.223. PHMSA's 2025 civil penalty adjustments are summarized in 
the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New  penalty
                 Description                              Citation                Existing     (existing penalty
                                                                                   penalty          x 1.02598
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous materials       49 U.S.C. 5123.................         $99,756           $102,348
 violation.
Maximum penalty for hazardous materials       49 U.S.C. 5123.................         232,762            238,809
 violation that results in death, serious
 illness, or severe injury to any person or
 substantial destruction of property.
Minimum penalty for hazardous materials       49 U.S.C. 5123.................             601                617
 training violations.
Maximum penalty for each pipeline safety      49 U.S.C. 60122(a)(1)..........         266,015            272,926
 violation.
Maximum penalty for a related series of       49 U.S.C. 60122(a)(1)..........       2,660,135          2,729,245
 pipeline safety violations.
Maximum additional penalty for each           49 U.S.C. 60122(a)(2)..........          97,179             99,704
 liquefied natural gas pipeline facility
 violation.
Maximum penalty for discrimination against    49 U.S.C. 60122(a)(3)..........           1,544              1,584
 employees providing pipeline safety
 information.
----------------------------------------------------------------------------------------------------------------


[[Page 106289]]

G. Maritime Administration (MARAD) 2025 Adjustments

    MARAD's 2025 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                 Description                              Citation                Existing     (existing penalty
                                                                                   penalty         x 1.02598)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single violation  46 U.S.C. 31309................         $25,548            $26,212
 of any provision under 46 U.S.C. Chapter
 313 and all of Subtitle III related MARAD
 regulations, except for violations of 46
 U.S.C. 31329.
Maximum civil penalty for a single violation  46 U.S.C. 31330................          63,991             65,653
 of 46 U.S.C. 31329 as it relates to the
 court sales of documented vessels.
Maximum civil penalty for a single violation  46 U.S.C. 56101(e).............          25,712             26,380
 of 46 U.S.C. 56101 as it relates to
 approvals required to transfer a vessel to
 a noncitizen.
Maximum civil penalty for failure to file an  46 U.S.C. 50113(b).............             162                166
 Automated Mutual Assistance Vessel Rescue
 System (AMVER) report.
Maximum civil penalty for violating           50 U.S.C. 4513.................          32,341             33,181
 procedures for the use and allocation of
 shipping services, port facilities and
 services for national security and national
 defense operations.
Maximum civil penalty for violations in       46 U.S.C. 12151................         187,602            192,476
 applying for or renewing a vessel's fishery
 endorsement.
----------------------------------------------------------------------------------------------------------------

H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2025 
Adjustments

    The 2025 civil penalty adjustment for GLS is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                 Description                              Citation                Existing     (existing penalty
                                                                                   penalty         x 1.02598)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each violation of   33 U.S.C. 1232.................        $114,630           $117,608
 the Seaway Rules and Regulations at 33 CFR
 part 401.
----------------------------------------------------------------------------------------------------------------

Regulatory Analysis and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule has been evaluated in accordance with existing 
policies and procedures and is considered not significant under 
Executive Order 12866 and DOT's Regulatory Policies and Procedures; 
therefore, the rule has not been reviewed by the Office of Management 
and Budget (OMB) under Executive Order 12866.

B. Regulatory Flexibility Analysis

    The Department has determined the Regulatory Flexibility Act of 
1980 (RFA) (5 U.S.C. 601, et seq.) does not apply to this rulemaking. 
The RFA applies, in pertinent part, only when ``an agency is required. 
. . to publish general notice of proposed rulemaking.'' 5 U.S.C. 
604(a). The Small Business Administration's A Guide for Government 
Agencies: How to Comply with the Regulatory Flexibility Act (2012), 
explains that:

    If, under the [Administrative Procedure Act (APA)] or any rule 
of general applicability governing federal grants to state and local 
governments, the agency is required to publish a general notice of 
proposed rulemaking (NPRM), the RFA
    must be considered [citing 5 U.S.C. 604(a)]. . . . If an NPRM is 
not required, the RFA does not apply.

    As stated above, DOT has determined that good cause exists to 
publish this final rule without notice and comment procedures under the 
APA. Therefore, the analytical requirements of the RFA do not apply.

C. Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
regulation has no substantial direct effects on the States, the 
relationship between the National Government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. It does not contain any provision that imposes substantial 
direct compliance costs on State and local governments. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments. Because none of the 
measures in the rule have tribal implications or impose substantial 
direct compliance costs on Indian tribal governments, the funding and 
consultation requirements of Executive Order 13175 do not apply.

[[Page 106290]]

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act, before an agency submits a 
proposed collection of information to OMB for approval, it must publish 
a document in the Federal Register providing notice of and a 60-day 
comment period on, and otherwise consult with members of the public and 
affected agencies concerning, each proposed collection of information. 
This final rule imposes no new information reporting or record keeping 
necessitating clearance by OMB.

F. National Environmental Policy Act

    The Department has analyzed the environmental impacts of this final 
rule pursuant to the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321, et seq.) and has determined that it is categorically 
excluded pursuant to DOT Order 5610.1C, Procedures for Considering 
Environmental Impacts (44 FR 56420, Oct. 1, 1979, as amended July 13, 
1982, and July 30, 1985). Categorical exclusions are actions identified 
in an agency's NEPA implementing procedures that do not normally have a 
significant impact on the environment and therefore do not require 
either an environmental assessment (EA) or environmental impact 
statement (EIS). See 40 CFR 1508.1. 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 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 in

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 Parts 213, 216, 217, 221, 224, 229, 230, 232, 233, and 239

    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 Part 218

    Locomotives, Occupational safety and health, Penalties, Railroad 
employees, Railroad safety, Tampering.

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

    Hazardous materials transportation, Locomotive 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

[[Page 106291]]

requirements, State and local governments.

49 CFR Part 236

    Penalties, Positive train control, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 237

    Bridges, Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 238

    Fire prevention, Passenger equipment, Penalties, Railroad safety, 
Reporting and recordkeeping requirements.

49 CFR Part 241

    Communications, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 272

    Penalties, Railroad employees, Railroad safety, Railroads, Safety, 
Transportation.

49 CFR Part 386

    Administrative procedures, Commercial motor vehicle safety, 
Highways and roads, Motor carriers, Penalties.

49 CFR Part 578

    Imports, Motor vehicle safety, Motor vehicles, Penalties, Rubber 
and rubber products, Tires.
    Accordingly, the Department of Transportation amends 14 CFR 
chapters I, II, and III, 33 CFR chapter IV, 46 CFR chapter II, and 49 
CFR chapters I, II, III, and V as follows:

Title 14--Aeronautics and Space

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
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.


0
2. Amend Sec.  13.301 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  13.301  Inflation adjustments of civil monetary penalties.

* * * * *
    (b) Each adjustment to a maximum civil monetary penalty or to 
minimum and maximum civil monetary penalties that establish a civil 
monetary penalty range applies to actions initiated under this part for 
violations occurring on or after December 30, 2024, notwithstanding 
references to specific civil penalty amounts elsewhere in this part.
    (c) Minimum and maximum civil monetary penalties are as follows:

     Table 1 to Sec.   13.301(c)--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
----------------------------------------------------------------------------------------------------------------
                                                                 New adjusted                      New adjusted
                                                               minimum penalty                   maximum penalty
                                                       2024       amount for                        amount for
 United States Code citation     Civil monetary      minimum      violations      2024 maximum      violations
                               penalty description   penalty   occurring on or   penalty amount  occurring on or
                                                      amount    after December                    after December
                                                                   30, 2024                          30, 2024
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1)........  Violation of                N/A              N/A  $99,756........  $102,348.
                               hazardous materials
                               transportation law.
49 U.S.C. 5123(a)(2)........  Violation of                N/A              N/A  $232,762.......  $238,809.
                               hazardous materials
                               transportation law
                               resulting in death,
                               serious illness,
                               severe injury, or
                               substantial
                               property
                               destruction.
49 U.S.C. 5123(a)(3)........  Violation of               $601             $617  $99,756........  $102,348.
                               hazardous materials
                               transportation law
                               relating to
                               training.
49 U.S.C. 44704(d)(3).......  Knowing presentation        N/A              N/A  $1,181,581.....  $1,212, 278.
                               of a nonconforming
                               aircraft for
                               issuance of an
                               initial
                               airworthiness
                               certificate by a
                               production
                               certificate holder.
49 U.S.C. 44704(e)(4).......  Knowing failure by          N/A              N/A  $1,181,581.....  $1,212,278.
                               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.
49 U.S.C. 44704(e)(5).......  Knowing false               N/A              N/A  See entries for  See entries for
                               statement by an                                   49 U.S.C.        49 U.S.C.
                               airline transport                                 46301(a)(1)      46301(a)(1)
                               pilot (ATP)                                       and (a)(5).      and (a)(5).
                               certificate holder
                               with respect to the
                               submission of
                               certain safety
                               critical
                               information.
49 U.S.C. 44742.............  Interference by a           N/A              N/A  See entries for  See entries for
                               supervisory                                       49 U.S.C.        49 U.S.C.
                               employee of an                                    46301(a)(1).     46301(a)(1).
                               organization
                               designation
                               authorization (ODA)
                               holder that
                               manufactures a
                               transport category
                               airplane with an
                               ODA unit member's
                               performance of
                               authorized
                               functions.
49 U.S.C. 44802 note........  Operation of an             N/A              N/A  $30,417........  $31,207.
                               unmanned aircraft
                               or unmanned
                               aircraft system
                               equipped or armed
                               with a dangerous
                               weapon.
49 U.S.C. 46301(a)(1).......  Violation by a              N/A              N/A  $41,577........  $75,000.
                               person other than
                               an individual or
                               small business
                               concern under 49
                               U.S.C.
                               46301(a)(1)(A) or
                               (B).
49 U.S.C. 46301(a)(1).......  Violation by an             N/A              N/A  $1,828.........  $1,875.
                               airman serving as
                               an airman under 49
                               U.S.C.
                               46301(a)(1)(A) or
                               (B) (but not
                               covered by
                               46301(a)(5)(A) or
                               (B)).
49 U.S.C. 46301(a)(1).......  Violation by an             N/A              N/A  $1,828.........  $1,875.
                               individual or small
                               business concern
                               under 49 U.S.C.
                               46301(a)(1)(A) or
                               (B) (but not
                               covered in 49
                               U.S.C. 46301(a)(5)).
49 U.S.C. 46301(a)(3).......  Violation of 49             N/A              N/A  Increase above   No change.
                               U.S.C. 47107(b) (or                               otherwise
                               any assurance made                                applicable
                               under such section)                               maximum amount
                               or 49 U.S.C. 47133.                               not to exceed
                                                                                 3 times the
                                                                                 amount of
                                                                                 revenues used
                                                                                 in violation
                                                                                 of such
                                                                                 section.

[[Page 106292]]

 
49 U.S.C. 46301(a)(5)(A)....  Violation by an             N/A              N/A  $16,630........  $17,062.
                               individual or small
                               business concern
                               (except an airman
                               serving as an
                               airman) under 49
                               U.S.C.
                               46301(a)(5)(A)(i)
                               or (ii).
49 U.S.C. 46301(a)(5)(B)(i).  Violation by an             N/A              N/A  $16,630........  $17,062.
                               individual or small
                               business concern
                               related to the
                               transportation of
                               hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii)  Violation by an             N/A              N/A  $16,630........  $17,062.
                               individual or small
                               business concern
                               related to the
                               registration or
                               recordation under
                               49 U.S.C. chapter
                               441, of an aircraft
                               not used to provide
                               air transportation.
49 U.S.C.                     Violation by an             N/A              N/A  $16,630........  $17,062.
 46301(a)(5)(B)(iii).          individual or small
                               business concern of
                               49 U.S.C. 44718(d),
                               relating to
                               limitation on
                               construction or
                               establishment of
                               landfills.
49 U.S.C. 46301(a)(5)(B)(iv)  Violation by an             N/A              N/A  $16,630........  $17,062.
                               individual or small
                               business concern of
                               49 U.S.C. 44725,
                               relating to the
                               safe disposal of
                               life-limited
                               aircraft parts.
49 U.S.C. 46301(a)(8).......  Violation of 49             N/A              N/A  N/A............  $5,000.
                               U.S.C.
                               41707(a)(22),
                               including any grant
                               assurances made
                               under that section.
49 U.S.C. 46301 note........  Individual who aims         N/A              N/A  $31,819........  $32,646.
                               the beam of a laser
                               pointer at an
                               aircraft in the
                               airspace
                               jurisdiction of the
                               United States, or
                               at the flight path
                               of such an aircraft.
49 U.S.C. 46301(b)..........  Tampering with a            N/A              N/A  $5,339.........  $5,478.
                               smoke alarm device.
49 U.S.C. 46302.............  Knowingly providing         N/A              N/A  $28,995........  $29,748.
                               false information
                               about alleged
                               violation involving
                               the special
                               aircraft
                               jurisdiction of the
                               United States.
49 U.S.C. 46318.............  Physical or sexual          N/A              N/A  $43,658........  $44,792.
                               assault or threat
                               to physically or
                               sexually assault
                               crewmember or other
                               individual on an
                               aircraft, or action
                               that poses an
                               imminent threat to
                               the safety of the
                               aircraft or
                               individuals on
                               board.
49 U.S.C. 46319.............  Permanent closure of        N/A              N/A  $16,630........  $17,062.
                               an airport without
                               providing
                               sufficient notice.
49 U.S.C. 46320.............  Operating an                N/A              N/A  $25,455........  $26,116.
                               unmanned aircraft
                               and in so doing
                               knowingly or
                               recklessly
                               interfering with a
                               wildfire
                               suppression, law
                               enforcement, or
                               emergency response
                               effort.
49 U.S.C. 47531.............  Violation of 49             N/A              N/A  See entries for  See entries for
                               U.S.C. 47528-47530                                49 U.S.C.        49 U.S.C.
                               or 47534, relating                                46301(a)(1)      46301(a)(1)
                               to the prohibition                                and (a)(5).      and (a)(5).
                               of operating
                               certain aircraft
                               not complying with
                               stage 3 noise
                               levels.
----------------------------------------------------------------------------------------------------------------

PART 383--CIVIL PENALTIES

0
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.


0
4. Section 383.2 is revised to read as follows:


Sec.  383.2  Amount of penalty.

    Civil penalties payable to the U.S. Government for violations of 
Title 49, Chapters 401 through 421, pursuant to 49 U.S.C. 46301(a), are 
as follows:
    (a) A general civil penalty of not more than $75,000 (or $1,875 for 
individuals or small businesses) applies to violations of statutory 
provisions and rules or orders issued under those provisions, other 
than those listed in paragraph (b) of this section (see 49 U.S.C. 
46301(a)(1)); and
    (b) With respect to small businesses and individuals, 
notwithstanding the general civil penalty specified in paragraph (a) of 
this section, the following civil penalty limits apply:
    (1) A maximum civil penalty of $17,062 applies for violations of 
most provisions of Chapter 401, including the anti-discrimination 
provisions of sections 40127 (general provision), and 41705 
(discrimination against the disabled) and rules and orders issued 
pursuant to those provisions (see 49 U.S.C. 46301(a)(5)(A));
    (2) A maximum civil penalty of $8,531 applies for violations of 
section 41719 and rules and orders issued pursuant to that provision 
(see 49 U.S.C. 46301(a)(5)(C)); and
    (3) A maximum civil penalty of $4,267 applies for violations of 
section 41712 or consumer protection rules or orders (see 49 U.S.C. 
46301(a)(5)(D)).

PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW


0
5. The authority citation for part 406 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
6. Amend Sec.  406.9 by revising paragraph (a) to read as follows:


Sec.  406.9  Civil penalties.

    (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person 
found by the 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 $299,772 for each violation. A separate violation

[[Page 106293]]

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

0
7. The authority citation for subpart B of part 401 continues to read 
as follows:

    Authority:  33 U.S.C. 981-990; 46 U.S.C. 70001-70004, 70011, and 
70032; 49 CFR 1.101, unless otherwise noted.


0
8. Amend Sec.  401.102 by revising paragraph (a) to read as follows:


Sec.  401.102  Civil penalty.

    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation in this chapter is liable to a civil penalty of not more 
than $117,608.
* * * * *

Title 46--Shipping

PART 221--REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND 
OTHER MARITIME INTERESTS

0
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.


0
10. Amend Sec.  221.61 by revising paragraph (b) to read as follows:


Sec.  221.61  Compliance.

* * * * *
    (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than 
$26,212 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 $65,653 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 $26,380 for each violation.

PART 307--ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR 
VESSELS

0
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.


0
12. Section 307.19 is revised to read as follows:


Sec.  307.19  Penalties.

    The owner or operator of a vessel in the waterborne foreign 
commerce of the United States is subject to a penalty of $166 for each 
day of failure to file an AMVER report required by this part. Such 
penalty shall constitute a lien upon the vessel, and such vessel may be 
libeled in the district court of the United States in which the vessel 
may be found.

PART 340--PRIORITY USE AND ALLOCATION OF SHIPPING SERVICES, 
CONTAINERS AND CHASSIS, AND PORT FACILITIES AND SERVICES FOR 
NATIONAL SECURITY AND NATIONAL DEFENSE RELATED OPERATIONS

0
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).


0
14. Section 340.9 is revised to read as follows:


Sec.  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 
$33,181 or imprisoned for not more than one year, or both.

PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN 
REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S 
DOCUMENTATION

0
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.


0
16. Amend Sec.  356.49 by revising paragraph (b) to read as follows:


Sec.  356.49  Penalties.

* * * * *
    (b) A fine of up to $192,476 may be assessed against the vessel 
owner for each day in which such vessel has engaged in fishing (as such 
term is defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)) within the exclusive 
economic zone of the United States; and
* * * * *

Title 49--Transportation

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
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 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and 
1.97; 33 U.S.C. 1321.


0
18. Revise Sec.  107.329 to read as follows:


Sec.  107.329  Maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, this 
subchapter, subchapter C of 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 $102,348 for 
each violation, except the maximum civil penalty is $238,809 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 $617 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 
$102,348 for each violation, except the maximum civil penalty is 
$238,809 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 $617 
for violations relating to training.

Appendix A to Subpart D of Part 107 [Amended]

0
19. Amend appendix A to subpart D of part 107, under section B, Penalty 
Increases for Multiple Counts, in the

[[Page 106294]]

second paragraph, by removing ``$99,756 or $232,762'' and ``January 6, 
2023'' and adding in their places ``$102,348 or $238,809'' and 
``December 30, 2024,'' respectively.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
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.


0
21. Amend Sec.  171.1 by revising paragraph (g) to read as follows:


Sec.  171.1  Applicability of Hazardous Materials Regulations (HMR) to 
persons and functions.

* * * * *
    (g) Penalties for noncompliance. Each person who knowingly violates 
a requirement of the Federal hazardous material transportation law, an 
order issued under Federal hazardous material transportation law, 
subchapter A of this chapter, or a special permit or approval issued 
under subchapter A or C of this chapter is liable for a civil penalty 
of not more than $102,348 for each violation, except the maximum civil 
penalty is $238,809 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 $617 for a violation relating to training.

PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES

0
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.


0
23. Amend Sec.  190.223 by revising paragraphs (a), (c), and (d) to 
read as follows:


Sec.  190.223  Maximum penalties.

    (a) Any person found to have violated a provision of 49 U.S.C. 
60101, et seq., or any regulation 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 $272,926 
for each violation for each day the violation continues, with a maximum 
administrative civil penalty not to exceed $2,729,245 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 $99,704, 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 $1,584, which may be in addition to other 
penalties to which such person may be subject under paragraph (a) of 
this section.
* * * * *

PART 209--RAILROAD SAFETY ENFORCEMENT PROCEDURES

0
24. The authority citation for part 209 continues to read as follows:

    Authority:  49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 
20114; 28 U.S.C. 2461 note; and 49 CFR 1.89.


0
25. Amend Sec.  209.103 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  209.103  Minimum and maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous materials transportation laws, an order issued thereunder, 49 
CFR subchapter A or C of chapter I, subtitle B, or a special permit or 
approval issued under subchapter A or C of chapter I, subtitle B, of 
this title is liable for a civil penalty of not more than $102,348 for 
each violation, except that--
    (1) The maximum civil penalty for a violation is $238,809 if the 
violation results in death, serious illness, or severe injury to any 
person, or substantial destruction of property; and
    (2) A minimum $617 civil penalty applies to a violation related to 
training.
* * * * *
    (c) The maximum and minimum civil penalties described in paragraph 
(a) of this section apply to violations occurring on or after December 
30, 2024.
0
26. Amend Sec.  209.105 by revising the last sentence of paragraph (c) 
to read as follows:


Sec.  209.105  Notice of probable violation.

* * * * *
    (c) * * * In an amended notice, FRA may change the civil penalty 
amount proposed to be assessed up to and including the maximum penalty 
amount of $102,348 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 $238,809.


Sec.  209.409  [Amended]

0
27. Amend Sec.  209.409 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.
0
28. Amend appendix A to part 209 in the section ``Penalty Schedules; 
Assessment of Maximum Penalties'' as follows:
0
a. Add a sentence at the end of the sixth paragraph;
0
b. Revise the fourth sentence in the seventh paragraph; and
0
c. Revise the first sentence of the tenth paragraph.
    The addition and revisions read as follows:

Appendix A to Part 209--Statement of Agency Policy Concerning 
Enforcement of the Federal Railroad Safety Laws

* * * * *

Penalty Schedules; Assessment of Maximum Penalties

* * * * *
    * * * Effective December 30, 2024, the minimum civil monetary 
penalty was raised from $1,086 to $1,114, the ordinary maximum civil 
monetary penalty was raised from $35,516 to $36,439, and the 
aggravated maximum civil monetary penalty was raised from $142,063 
to $145,754.
    * * * For each regulation in this part or order, the schedule 
shows two amounts within the $1,114 to $36,439 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 $145,754 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]

0
29. Amend appendix B to part 209 as follows:
0
a. Remove the dollar amount ``$99,756'' everywhere it appears and add 
in its place ``$102,348'';
0
b. Remove the dollar amount ``$232,762'' everywhere it appears and add 
in its place ``$238,809''; and
0
c. Remove the dollar amount ``$601'' and add in its place ``$617'' in 
the first paragraph.

[[Page 106295]]

PART 213--TRACK SAFETY STANDARDS

0
30. The authority citation for part 213 continues to read as follows:

    Authority:  49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 
note; and 49 CFR 1.89.


Sec.  213.15  [Amended]

0
31. Amend Sec.  213.15 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 214--RAILROAD WORKPLACE SAFETY

0
32. The authority citation for part 214 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 
U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  214.5  [Amended]

0
33. Amend Sec.  214.5 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS

0
34. The authority citation for part 215 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  215.7  [Amended]

0
35. Amend Sec.  215.7 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD 
TRACK, LOCOMOTIVE AND EQUIPMENT

0
36. The authority citation for part 216 continues to read as follows:

    Authority:  49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-
20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  216.7  [Amended]

0
37. Amend Sec.  216.7 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 217--RAILROAD OPERATING RULES

0
37. The authority citation for part 217 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  217.5  [Amended]

0
38. Amend Sec.  217.5 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 218--RAILROAD OPERATING PRACTICES

0
39. The authority citation for part 218 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20131, 20138, 20144, 20168; 
28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  218.9  [Amended]

0
40. Amend Sec.  218.9 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 219--CONTROL OF ALCOHOL AND DRUG USE

0
41. The authority citation for part 219 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 
28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 
4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 
3894; and 49 CFR 1.89.


Sec.  219.10  [Amended]

0
42. Amend Sec.  219.10 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 220--RAILROAD COMMUNICATIONS

0
43. The authority citation for part 220 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20103, note, 20107, 21301-
21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 
1.89.


Sec.  220.7  [Amended]

0
44. Amend Sec.  220.7 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 221--REAR END MARKING DEVICE--PASSENGER, COMMUTER AND FREIGHT 
TRAINS

0
45. The authority citation for part 221 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  221.7  [Amended]

0
46. Amend Sec.  221.7 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 222--USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE 
CROSSINGS

0
47. The authority citation for part 222 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 
U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  222.11  [Amended]

0
48. Amend Sec.  222.11 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 223--SAFETY GLAZING STANDARDS--LOCOMOTIVES, PASSENGER CARS AND 
CABOOSES

0
49. The authority citation for part 223 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-
21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.

[[Page 106296]]

Sec.  223.7  [Amended]

0
50. Amend Sec.  223.7 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and

0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK

0
51. The authority citation for part 224 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 
2461 note; and 49 CFR 1.89.


Sec.  224.11  [Amended]

0
52. Amend Sec.  224.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND 
INVESTIGATIONS

0
53. The authority citation for part 225 is continues to read as 
follows:

    Authority:  49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902, 
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  225.29  [Amended]

0
54. Amend Sec.  225.29 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 227--OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB

0
55. The authority citation for part 227 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20103 note, 20166, 20701-20703, 
21301, 21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  227.9  [Amended]

0
56. Amend Sec.  227.9 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 228--PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING 
AND REPORTING; SLEEPING QUARTERS

0
57. The authority citation for part 228 continues to read as follows:

    Authority:  49 U.S.C. 103, 20103, 20107, 21101-21109; 49 U.S.C. 
21301, 21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  228.6  [Amended]

0
58. Amend Sec.  228.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.
0
59. Amend appendix A to part 228, under the heading ``General 
Provisions,'' in the ``Penalty'' paragraph by adding a sentence at the 
end of the first paragraph to read as follows:

Appendix A to Part 228--Requirements of the Hours of Service Act: 
Statement of Agency Policy and Interpretation

* * * * *

General Provisions

* * * * *
    Penalty. * * * Effective December 30, 2024, the minimum civil 
monetary penalty was raised from $1,086 to $1,114, the ordinary 
maximum civil monetary penalty was raised from $35,516 to $36,439, 
and the aggravated maximum civil monetary penalty was raised from 
$142,063 to $145,754.
* * * * *

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
60. The authority citation for part 229 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20133, 20137-38, 20143, 
20168, 20701-03, 21301-02, 21304; 28 U.S.C. 2461 note; and 49 CFR 
1.89.


Sec.  229.7  [Amended]

0
61. Amend Sec.  229.7 in paragraph (b) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516 and add in its place ``$36,439''; 
and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS

0
62. The authority citation for part 230 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461 note; 
and 49 CFR 1.89.


Sec.  230.4  [Amended]

0
63. Amend Sec.  230.4 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 231--RAILROAD SAFETY APPLIANCE STANDARDS

0
64. The authority citation for part 231 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20107, 20131, 20301-20303, 
21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  231.0  [Amended]

0
65. Amend Sec.  231.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS

0
66. The authority citation for part 233 continues to read as follows:

    Authority:  49 U.S.C. 504, 522, 20103, 20107, 20501-20505, 
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  233.11  [Amended]

0
67. Amend Sec.  233.11 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 234--GRADE CROSSING SAFETY

0
68. The authority citation for part 234 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 
21311, 22907 note; 28 U.S.C. 2461 note; and 49 CFR 1.89.

[[Page 106297]]

Sec.  234.6  [Amended]

0
69. Amend Sec.  234.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 235--INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A 
DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR 
RELIEF FROM THE REQUIREMENTS OF PART 236

0
70. The authority citation for part 235 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  235.9  [Amended]

0
71. Amend Sec.  235.9 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 236--RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE 
INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND 
TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES

0
72. The authority citation for part 236 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157, 
20301-20303, 20306, 20501-20505, 20701-20703, 21301-21302, 21304; 28 
U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  236.0  [Amended]

0
73. Amend Sec.  236.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 237--BRIDGE SAFETY STANDARDS

0
74. The authority citation for part 237 continues 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.


Sec.  237.7  [Amended]

0
75. Amend Sec.  237.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS

0
76. The authority citation for part 238 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  238.11  [Amended]

0
77. Amend Sec.  238.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS

0
78. The authority citation for part 239 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 
21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  239.11  [Amended]

0
79. Amend Sec.  239.11 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

0
80. The authority citation for part 240 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 
28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  240.11  [Amended]

0
81. Amend Sec.  240.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF 
UNITED STATES RAIL OPERATIONS

0
82. The authority citation for part 241 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 
U.S.C. 2461 note; 49 CFR 1.89.


Sec.  241.15  [Amended]

0
83. Amend Sec.  241.15 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS

0
84. The authority citation for part 242 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 
21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  242.11  [Amended]

0
85. Amend Sec.  242.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 243--TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED 
RAILROAD EMPLOYEES

0
86. The authority citation for part 243 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  243.7  [Amended]

0
87. Amend Sec.  243.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

[[Page 106298]]

PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING 
RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL

0
88. The authority citation for part 244 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 
28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  244.5  [Amended]

0
89. Amend Sec.  244.5 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 272--CRITICAL INCIDENT STRESS PLANS

0
90. The authority citation for part 272 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20109 note; 28 U.S.C. 2461 
note; and 49 CFR 1.89.


Sec.  272.11  [Amended]

0
91. Amend Sec.  272.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0

0
b. Remove the dollar amount ``$35,516'' and add in its place 
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place 
``$145,754''.

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
92. The authority citation for part 386 continues to read as follows:

    Authority:  28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 
315; and 49 CFR 1.81, 1.87.


0
93. Amend appendix A to part 386 by revising section II and section 
IV.a. through e. and g. through j. to read as follows:

Appendix A to Part 386--Penalty Schedule: Violations of Notices and 
Orders

* * * * *

II. Subpoena

    Violation--Failure to respond to Agency subpoena to appear and 
testify or produce records.
    Penalty--minimum of $1,365 but not more than $13,676 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 $2,364 per violation.
    (For purposes of this violation, the term ``driver'' means an 
operator of a commercial motor vehicle, including an independent 
contractor who, while in the course of operating a commercial motor 
vehicle, is employed or used by another person.)
    b. Violation--Requiring or permitting a driver to operate a 
commercial vehicle during the period the driver was placed out of 
service.
    Penalty--Up to $23,647 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--$2,364 each time the vehicle or intermodal equipment is 
so operated. (This violation applies to drivers as defined in IV(a) 
above.)
    d. Violation--Requiring or permitting the operation of a 
commercial motor vehicle or intermodal equipment placed out-of-
service before the required repairs are made.
    Penalty--Up to $23,647 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 $1,182 per violation.
* * * * *
    g. Violation--Operating in violation of an order issued under 
Sec.  386.72(b) to cease all or part of the employer's commercial 
motor vehicle operations or to cease part of an intermodal equipment 
provider's operations, i.e., failure to cease operations as ordered.
    Penalty--Up to $34,116 per day the operation continues after the 
effective date and time of the order to cease.
    h. Violation--Operating in violation of an order issued under 
Sec.  386.73.
    Penalty--Up to $29,980 per day the operation continues after the 
effective date and time of the out-of-service order.
    i. Violation--Conducting operations during a period of 
suspension under Sec.  386.83 or Sec.  386.84 for failure to pay 
penalties.
    Penalty--Up to $19,246 for each day that operations are 
conducted during the suspension or revocation period.
    j. Violation--Conducting operations during a period of 
suspension or revocation under Sec.  385.911, Sec.  385.913, Sec.  
385.1009, or Sec.  385.1011 of this subchapter.
    Penalty--Up to $29,980 for each day that operations are 
conducted during the suspension or revocation period.

0
94. Amend appendix B to part 386 by revising paragraphs (a)(1) through 
(5), (b), (d) through (f), (g)(1) through (8), (10) through (14), and 
(16) through (18), (g)(21)(i), (g)(22) and (23), (h), and (i) to read 
as follows:

Appendix B to Part 386--Penalty Schedule: Violations and Monetary 
Penalties

* * * * *
    What are the types of violations and maximum monetary penalties?
    (a) * * *
    (1) Recordkeeping. A person or entity that fails to prepare or 
maintain a record required by part 40 of this title and parts 382, 
subpart A, B, C, D, E, or F, 385, and 390 through 399 of this 
subchapter, or prepares or maintains a required record that is 
incomplete, inaccurate, or false, is subject to a maximum civil 
penalty of $1,584 for each day the violation continues, up to 
$15,846.
    (2) Knowing falsification of records. A person or entity that 
knowingly falsifies, destroys, mutilates, or changes a report or 
record required by parts 382, subpart A, B, C, D, E, or F, 385, and 
390 through 399 of this subchapter, knowingly makes or causes to be 
made a false or incomplete record about an operation or business 
fact or transaction, or knowingly makes, prepares, or preserves a 
record in violation of a regulation order of the Secretary is 
subject to a maximum civil penalty of $15,846 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 $19,246 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 $4,812.
    (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 $3,961 for a first conviction and not less 
than $7,924 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 $7,155; 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 $3,961 
for a first conviction and not less than $7,924 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 $7,155 or more 
than $39,615; and

[[Page 106299]]

    (3) An employer of a CDL-holder who knowingly allows, requires, 
permits, or authorizes that CDL-holder to operate a CMV in violation 
of a Federal, State, or local law or regulation pertaining to 
railroad-highway grade crossings is subject to a civil penalty of 
not more than $20,537.
* * * * *
    (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 $21,114. 
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 $102,348 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 $617 and not more than $102,348 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 $102,348 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 $102,348.
    (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 $238,809 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 $34,116 (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 $102,348 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 
$238,809 for each offense. Each day the transportation continues in 
violation of a final ``unsatisfactory'' safety rating constitutes a 
separate offense.
    (g) * * *
    (1) A person who operates as a motor carrier for the 
transportation of property in violation of the registration 
requirements of 49 U.S.C. 13901 is liable for a minimum penalty of 
$13,676 per violation.
    (2) A person who knowingly operates as a broker in violation of 
registration requirements of 49 U.S.C 13904 or financial security 
requirements of 49 U.S.C 13906 is liable for a penalty not to exceed 
$13,676 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 $34,116 per violation.
    (4) A person who operates as a foreign motor carrier or foreign 
motor private carrier of property in violation of the provisions of 
49 U.S.C. 13902(c) is liable for a minimum penalty of $13,676 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 States- Mexico border, is liable 
for a maximum penalty of $18,766 for an intentional violation and a 
maximum penalty of $46,918 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 
$27,293 and a maximum penalty of $54,585 per violation.
    (7) A motor carrier or freight forwarder of household goods, or 
their receiver or trustee, that does not comply with any regulation 
relating to the protection of individual shippers, is liable for a 
minimum penalty of $2,052 per violation.
    (8) A person as described under paragraph (i) or (ii) is liable 
for a minimum penalty of $4,109 for the first violation and $10,269 
for each subsequent violation--
    (i) Who falsifies, or authorizes an agent or other person to 
falsify, documents used in the transportation of household goods by 
motor carrier or freight forwarder to evidence the weight of a 
shipment; or
    (ii) Who charges for services which are not performed or are not 
reasonably necessary in the safe and adequate movement of the 
shipment.
* * * * *
    (10) A person who offers, gives, solicits, or receives 
transportation of property by a carrier at a different rate than the 
rate in effect under 49 U.S.C. 13702 is liable for a maximum penalty 
of $205,375 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 $410 for the first violation and $513 for 
each subsequent violation.
    (12) A freight forwarder, its officer, agent, or employee, that 
assists or willingly permits a person to get service under 49 U.S.C. 
13531 at less than the rate in effect under 49 U.S.C. 13702 commits 
a violation for which the penalty is up to $1,028 for the first 
violation and up to $4,109 for each subsequent violation.
    (13) A person who gets or attempts to get service from a freight 
forwarder under 49 U.S.C. 13531 at less than the rate in effect 
under 49 U.S.C. 13702 commits a violation for which the penalty is 
up to $1,028 for the first violation and up to $4,109 for each 
subsequent violation.
    (14) A person who knowingly authorizes, consents to, or permits 
a violation of 49 U.S.C. 14103 relating to loading and unloading 
motor vehicles or who knowingly violates subsection (a) of 49 U.S.C. 
14103 is liable for a penalty of not more than $20,537 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 $1,365 and for a 
maximum penalty of $10,269 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

[[Page 106300]]

U.S.C. 14908 without the permission of the shipper or consignee is 
liable for a maximum penalty of $4,109.
    (18) A person who violates a provision of part B, subtitle IV, 
title 49, U.S.C., or a regulation or order under part B, or who 
violates a condition of registration related to transportation that 
is subject to jurisdiction under subchapter I or III of chapter 135, 
or who violates a condition of registration of a foreign motor 
carrier or foreign motor private carrier under section 13902, is 
liable for a penalty of $1,028 for each violation if another penalty 
is not provided in 49 U.S.C. chapter 149.
* * * * *
    (21) * * *
    (i) Who knowingly and willfully fails, in violation of a 
contract, to deliver to, or unload at, the destination of a shipment 
of household goods in interstate commerce for which charges have 
been estimated by the motor carrier transporting such goods, and for 
which the shipper has tendered a payment in accordance with part 
375, subpart G, of this subchapter, is liable for a civil penalty of 
not less than $20,537 for each violation. Each day of a continuing 
violation constitutes a separate offense.
* * * * *
    (22) A broker for transportation of household goods who makes an 
estimate of the cost of transporting any such goods before entering 
into an agreement with a motor carrier to provide transportation of 
household goods subject to FMCSA jurisdiction is liable to the 
United States for a civil penalty of not less than $15,846 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 $39,615 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 $1,584 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 $15,846.
    (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 $2,730 but not more than $6,823 for the first 
violation and at least $3,409 but not more than $10,224 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 $2,730 for the first violation or at least $6,823 for a 
subsequent violation.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
95. The authority citation for part 578 continues to read as follows:

    Authority:  Pub. L. 92-513, Pub. L. 94-163, Pub. L. 98-547, Pub. 
L. 101-410, Pub. L. 102-388, Pub. L. 102-519, Pub. L. 104-134, Pub. 
L. 109-59, Pub. L. 110-140, Pub. L. 112-141, Pub. L. 114-74, Pub. L. 
114-94 (49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 
32710, 32902, 32912, 33114, and 33115); delegation of authority at 
49 CFR 1.81, 1.95.


0
96. Amend Sec.  578.6 by revising paragraphs (a)(1), (a)(2)(i)(B), 
(a)(3) and (4), (b) through (g), (h)(1), (h)(2) introductory text, 
(h)(3), and (i) to read as follows:


Sec.  578.6  Civil penalties for violations of specified provisions of 
Title 49 of the United States Code.

    (a) * * *
    (1) In general. A person who violates any of sections 30112, 30115, 
30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 
of Title 49 of the United States Code or a regulation in this chapter 
prescribed under any of those sections is liable to the United States 
Government for a civil penalty of not more than $27,874 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 $139,356,994.
    (2) * * *
    (i) * * *
    (B) Violates section 30112(a)(2) of Title 49 United States Code, 
shall be subject to a civil penalty of not more than $15,846 for each 
violation. A separate violation occurs for each motor vehicle or item 
of motor vehicle equipment and for each failure or refusal to allow or 
perform an act required by this section. The maximum penalty under this 
paragraph (a)(2)(i)(B) for a related series of violations is 
$23,769,723.
    (3) Section 30166. A person who violates Section 30166 of Title 49 
of the United States Code or a regulation in this chapter prescribed 
under that section is liable to the United States Government for a 
civil penalty for failing or refusing to allow or perform an act 
required under that section or regulation. The maximum penalty under 
this paragraph (a)(3) is $27,874 per violation per day. The maximum 
penalty under this paragraph (a)(3) for a related series of daily 
violations is $139,356,994.
    (4) False and misleading reports. A person who knowingly and 
willfully submits materially false or misleading information to the 
Secretary, after certifying the same information as accurate under the 
certification process established pursuant to Section 30166(o) of Title 
49 of the United States Code, shall be subject to a civil penalty of 
not more than $6,823 per day. The maximum penalty under this paragraph 
(a)(4) for a related series of daily violations is $1,364,624.
    (b) National Automobile Title Information System. An individual or 
entity violating 49 U.S.C. Chapter 305 is liable to the United States 
Government for a civil penalty of not more than $2,224 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 $3,650 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 $4,064,690.
    (d) Consumer information--(1) Crash-worthiness and damage 
susceptibility. A person who violates 49 U.S.C. 32308(a), regarding 
crashworthiness and damage susceptibility, is liable to the United 
States Government for a civil penalty of not more than $3,650 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 $1,990,815.
    (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

[[Page 106301]]

United States Government for a civil penalty of not more than $75,541 
for each violation.
    (e) Country of origin content labeling. A manufacturer of a 
passenger motor vehicle distributed in commerce for sale in the United 
States that willfully fails to attach the label required under 49 
U.S.C. 32304 to a new passenger motor vehicle that the manufacturer 
manufactures or imports, or a dealer that fails to maintain that label 
as required under 49 U.S.C. 32304, is liable to the United States 
Government for a civil penalty of not more than $2,224 for each 
violation. Each failure to attach or maintain that label for each 
vehicle is a separate violation.
    (f) Odometer tampering and disclosure. (1) A person that violates 
49 U.S.C. Chapter 327 or a regulation in this chapter prescribed or 
order issued thereunder is liable to the United States Government for a 
civil penalty of not more than $13,676 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 $1,364,624.
    (2) A person that violates 49 U.S.C. Chapter 327 or a regulation in 
this chapter prescribed or order issued thereunder, with intent to 
defraud, is liable for three times the actual damages or $13,676, 
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 $2,998 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 $749,432.
    (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 $222,609 
a day for each violation.
    (h) Automobile fuel economy. (1) A person that violates 49 U.S.C. 
32911(a) is liable to the United States Government for a civil penalty 
of not more than $52,468 for each violation. A separate violation 
occurs for each day the violation continues.
    (2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that 
violates a standard prescribed for a model year under 49 U.S.C. 32902 
is liable to the United States Government for a civil penalty of $17 
(for model years before model year 2019, the civil penalty is $5.50; 
for model years 2019 through 2021, the civil penalty is $14; for model 
year 2022, the civil penalty is $15; for model year 2023, the civil 
penalty is $16; for model year 2024, the civil penalty is $17), 
multiplied by each .1 of a mile a gallon by which the applicable 
average fuel economy standard under that section exceeds the average 
fuel economy--
* * * * *
    (3) If a higher amount for each .1 of a mile a gallon to be used in 
calculating a civil penalty under paragraph (h)(2) of this section is 
prescribed pursuant to the process provided in 49 U.S.C. 32912(c), the 
amount prescribed may not be more than $33 for each .1 of a mile a 
gallon.
    (i) Medium- and heavy-duty vehicle fuel efficiency. The maximum 
civil penalty for a violation of the fuel consumption standards of 49 
CFR part 535 is not more than $51,668 per vehicle or engine. The 
maximum civil penalty for a related series of violations shall be 
determined by multiplying $51,668 times the vehicle or engine 
production volume for the model year in question within the regulatory 
averaging set.

    Signed in Washington, DC, on December 18, 2024.
Subash Iyer,
Acting General Counsel.
[FR Doc. 2024-30608 Filed 12-27-24; 8:45 am]
BILLING CODE 4910-57-P`