[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43463-43469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15744]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 13 and 406
[Docket No. FAA-2016-7004; Amdt. Nos. 13-38, 406-10]
RIN 2120-AK90
Revisions to the Civil Penalty Inflation Adjustment Tables
AGENCY: Federal Aviation Administration, DOT.
ACTION: Interim final rule.
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SUMMARY: This interim final rule is the catch-up inflation adjustment
to civil penalty amounts that may be imposed
[[Page 43464]]
for violations of Federal Aviation Administration regulations, as
required by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015.
DATES: These amendments become effective August 5, 2016.
FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Attorney, Office of
the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-3452; email Cole.Milliard@faa.gov.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking and Applicable Statutes
The Federal Aviation Administration (FAA's) authority to issue
rules on aviation safety is found in title 49 of the United States
Code. Subtitle I, Section 106, describes the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. The Secretary of
Transportation's authority to regulate the transportation of hazardous
materials (``hazmat'') by air is in chapter 51 of title 49; civil
penalty authority is in section 5123. The Secretary's authority to
regulate commercial space transportation may be found at 51 U.S.C.
subtitle V, sections 50901-50923 (chapter 509), which provides for the
Department of Transportation (DOT), and, through delegation, the FAA to
impose civil penalties on persons who violate chapter 509, a regulation
issued under chapter 509, or any term or condition of a license or
permit issued or transferred under chapter 509. 51 U.S.C. 50906(h)-(i),
50917.
This rule implements the Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIAA), Public Law (Pub. L.) 101-410, as
amended by the Debt Collection Improvement Act (DCIA) of 1996, Public
Law 104-134, and the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act), Public Law 114-74, codified at 28
U.S.C. 2461 note.
The FCPIAA, DCIA, and the 2015 Act require Federal agencies to
adjust minimum and maximum civil penalty amounts for inflation to
preserve their deterrent impact. The 2015 Act amended the formula and
frequency of inflation adjustments. It requires an initial catch-up
adjustment in the form of an interim final rule, followed by annual
adjustments of penalty amounts. The amount of the adjustment must be
made using a strict statutory formula discussed in more detail below.
Background
The FCPIAA determines inflationary adjustments by increasing civil
penalties by a cost-of-living adjustment (COLA). Under the FCPIAA, as
amended by the 2015 Act, the COLA for each civil penalty is normally
the percent change between the U.S. Department of Labor's Consumer
Price Index for all-urban consumers (CPI-U) for the month of October of
the calendar year preceding the adjustment and the CPI-U for the month
of October of the previous calendar year.
However, under the 2015 Act, the FAA must first use a different
``catch-up adjustment'' formula. To determine the amount of the catch-
up, it must use the percent change between the CPI-U from the October
of the calendar year in which the penalty was last set or adjusted by
statute or regulation other than by inflation adjustments under the
FCPIAA and the CPI-U from the October preceding the adjustment. The
increase must be rounded to the nearest $1, and can be no greater than
150% of the penalty levels in effect on the date of the 2015 Act's
enactment, which was November 2, 2015.
Method of Calculation
The 2015 Act directed the Office of Management and Budget (OMB) to
issue guidance on implementing the inflation adjustments required by
the 2015 Act no later than February 29, 2016.\1\ On February 24, 2016,
the OMB released this required guidance, which contains complete
instructions on how to calculate the catch-up adjustment.\2\ An agency
calculates the catch-up adjustment by multiplying the maximum or
minimum penalty amount by a multiplier calculated based on the year the
penalty was last set or adjusted by Congress or rulemaking (other than
inflation adjustments under the FCPIAA). As examples, here are how the
adjustments for 49 U.S.C. 5123(a)(1) (hazmat) and 51 U.S.C. 50917
(commercial space) were calculated:
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\1\ 28 U.S.C. 2461 note.
\2\ OMB Memorandum M-16-06.
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(1) Find the multiplier listed in the OMB guidance for the year the
penalty was last set or reset.
Section 5123 was last adjusted in 2012, so the multiplier is
1.02819.
Section 50917 was last set in 1984, so the multiplier is 2.25867.
(2) Multiply the penalty amount by the multiplier, and round to the
nearest dollar.
$75,000 * 1.02819 = $77,114
$100,000 * 2.25867 = $225,867
(3) Multiply the 2015 penalty amount (including any prior
adjustments under the Inflation Adjustment Act) by 2.5,\3\ and round to
the nearest dollar to find the 150% cap for the catch-up adjustment.
$75,000 * 2.5 = $187,500
$120,000 * 2.5 = $300,000
\3\ It is 2.5 rather than 1.5 because the cap is described in
terms of the amount of the increase; that is, the amount added to
the penalty as a catch-up cannot be greater than 150% of the
penalty, rather than being limited to 150% of the penalty itself. 28
U.S.C. 2461 note (``The amount of the increase in a civil monetary
penalty . . . shall not exceed 150 percent of the amount of that
civil monetary penalty on the date of enactment''). Thus, the cap is
x + 1.5x = 2.5x, where x is the penalty amount.
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(4) Compare the dollar amount from (3) to the dollar amount in (2).
If (2) < (3), (2) is below the 150% cap and is the adjusted penalty. If
(2) > (3), the 150% cap is applied and becomes the adjusted penalty.
$77,114 < $187,500. Therefore, $77,114 is the adjusted penalty.
$225,867 < $300,000. Therefore, $225,867 is the adjusted penalty.
The following chart shows the values used in the calculations and
the rounded catch-up adjustment. All of the penalty adjustments fell
below the 150% cap on the catch-up adjustment:
----------------------------------------------------------------------------------------------------------------
Penalty when
49 U.S.C. Statute Year last set/ last set/ Multiplier Catch-up
adjusted adjusted from OMB adjustment
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5123(a)(1)...................................... 2012 $75,000 1.02819 $77,114
5123(a)(2)...................................... 2012 175,000 1.02819 179,933
5123(a)(3)...................................... 2005 * 450 1.19397 537
5123(a)(3)...................................... 2012 ** 75,000 1.02819 77,114
46301(a)(1)..................................... 2003 25,000 1.28561 32,140
46301(a)(1)..................................... 2003 1,100 1.28561 1,414
46301(a)(3) \4\................................. N/A N/A N/A N/A
[[Page 43465]]
46301(a)(5)..................................... 2003 10,000 1.28561 12,856
46301(b)........................................ 1987 2,000 2.06278 4,126
46302........................................... 1984 10,000 2.25867 22,587
46318........................................... 2000 25,000 1.36689 34,172
46319........................................... 2003 10,000 1.28561 12,856
47531 \5\....................................... N/A N/A N/A N/A
51 U.S.C. 50917 \6\............................. 1984 100,000 2.25867 225,867
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* Minimum.
** Maximum.
Provision for Reduced Catch-Up Adjustment
The 2015 Act allows an agency to request that a catch-up adjustment
be lower than what is calculated using the 2015 Act's formula. This
requires a determination by the head of the agency, following a notice
of proposed rulemaking, opportunity for comment, and a final rule, that
the catch-up adjustment will have a negative economic impact or has
social costs that outweigh the benefits. In addition, the director of
OMB must concur with the agency head's determination as the adjustment
is an economic transfer. The Administrator of the FAA does not believe
that any of the catch-up adjustments in this rule will have a negative
economic impact or have social costs that outweigh their benefits.
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\4\ The penalty for 46301(a)(3) is an ``increase[ ] above the
otherwise applicable maximum amount under this section to an amount
not to exceed 3 times the amount of revenues that are used in
violation of such section.'' As it depends on the other maximum
penalties in 46301, there is no separate calculation needed for
46301(a)(3).
\5\ Section 47531 explicitly states that the applicable civil
penalties are ``the same . . . as a person violating section
44701(a) or (b) or any of sections 44702-44716 of this title.''
Sections 46301(a)(1)(A) and (a)(5) provide the civil penalty amounts
for those violations, and no separate calculation is needed.
\6\ Section 50917 was added by the Commercial Space Launch Act,
Public Law 98-575, section 19, 98 Stat. 3055, 3062 (1984), and was
codified as section 70115 of title 49 before being recodified in
title 51.
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Amendments to Subpart H of 14 CFR Part 13
The FAA codified the statutory formula for inflation adjustments
under the FCPIAA and DCIA in subpart H of 14 CFR part 13. Rather than
amending the subpart to match the 2015 Act, paragraphs (a)-(c) of Sec.
13.305 containing the formula are being deleted as unnecessarily
duplicative of the statute. Section 13.303 is also being deleted
because it duplicates definitions of terms given in the statute.
Section 13.301(a) is being amended to include a reference to the 2015
Act.
Amendment to Section 406.9(a)
The current version of 14 CFR 406.9(a) states the maximum civil
penalty that can be imposed under its authority ``as adjusted for
inflation.'' This clause is being deleted as redundant and unnecessary.
The maximum penalty amount as amended by this rule will already be
adjusted for inflation, as will the future annual adjustments required
by the 2015 Act. Retaining this clause could also create a false
impression that the penalty amount is adjusted for inflation other than
by the 2015 Act. Therefore, the ``as adjusted for inflation'' clause is
being removed.
Good Cause for Not Having Notice and Comment
Under the Administrative Procedure Act, 5 U.S.C. 553(b)(B), a final
rule may be issued without public notice and comment if the agency
finds good cause that notice and comment are impracticable,
unnecessary, or contrary to public interest. Good cause exists in this
case to dispense with public notice and comment because adjustments to
civil penalties for inflation are required by Congress, as set forth in
Section 5 of the FCPIAA, as amended, in order to maintain the deterrent
effect of civil penalties and promote compliance with the law. As the
Administrator of the FAA has determined that none of the catch-up
adjustments should be lowered due to negative economic impact or social
costs that outweigh benefits, there is no place where the FAA might
apply discretion or policy judgments in calculating the adjustments.
The formula for determining the adjustments is laid out by statute and
cannot be amended by the FAA, even in response to public comment.
Accordingly, public comment is unnecessary in this case.
Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
This rule adjusts for inflation to civil penalties for violations
of aviation safety, hazmat, and commercial space provisions in accord
with the Federal Civil Penalties Inflation Adjustment Act Improvement
Act (the 2015 Act), Public Law 114-74, Section 701 (November 2, 2015).
The Director of OMB provided guidance to agencies in a February 24,
2016 memorandum on how to calculate
[[Page 43466]]
the initial adjustment required by the 2015 Act. The FAA must follow
the direction of Congress and is using statutorily-mandated guidance
provided by OMB in calculating the catch-up inflation adjustment.
Applying Congress's directions and OMB's guidance, the FAA has
determined that this rule imposes no additional social cost. Civil
penalties are, like taxes, an economic transfer. OMB guidance A-4
states that transfers are monetary payments from one group to another
and thus not a social cost. OMB further dictates that transfers should
not be included in estimates of the benefits and costs due to
regulation. As transfers do not add social cost, this is a minimal cost
rule. OMB also directs that distributional effects of transfers should
be considered. The term ``distributional effect'' refers to the impact
of a regulatory action across the population and economy, divided up in
various ways (e.g. income groups, race, sex, industrial sector,
geography). Distributional effects may arise through transfer payments
like civil penalties that stem from regulatory enforcement action.
While persons paying civil penalties may experience distributional
effects, these discrete effects are far outweighed by the positive
effects of civil penalties. Compliance with FAA statutes and
regulations is essential to safety. Civil penalties are a punishment
for those who violate FAA statutes and regulations. They also deter
future violations. As a result, they support the FAA's mission of
aviation, hazmat, and commercial space safety, which benefits the
public at large. Thus, the cost impact of this rulemaking is minimal,
and a full regulatory evaluation is not required in accordance with DOT
Order 2100.5.
The FAA has determined that this final rule is not a ``significant
regulatory action'' as defined in section 3(f) of Executive Order 12866
because it does not have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities for the following reasons:
(i) Based on the FAA's review of civil penalties assessed in fiscal
year 2015, the total amount assessed was about $18 million. Even if
this total itself were increased to the catch-up adjustment cap of a
150% increase (which is not being done here), it would only result in
an increase of $27 million, bringing the total amount assessed to $45
million, which is substantially less than $100 million. Thus, the
amount of the statutorily mandated inflation adjustment in this
rulemaking will not have an annual effect on the economy of $100
million or more; and
(ii) The process of determining whether or not a civil penalty is
imposed is not affected by this change as this rulemaking only impacts
the minimum and maximum possible amount of the penalty.
The FAA has further determined that this final rule is not a
``significant regulatory action'' because it does not (a) create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency, (b) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (c) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in Executive Order 12866. Finally, the FAA has
determined that this final rule is not ``significant'' as defined in
DOT's Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
The FAA believes that this final rule does not have a significant
economic impact on a substantial number of small entities for the
following reasons. While this final rule is likely to impact a
substantial number of small entities, it will impose only minimal
costs. This final rule simply identifies the amount of the inflation
adjustment to existing civil monetary penalty maximums and minimums for
violations of the statutory and regulatory provisions the FAA enforces.
The penalty amounts are those specified by statute or called for under
the inflation adjustment statutes, and the information in this rule is
required by the Debt Collection Improvement Act of 1996.\7\ As civil
penalties are economic transfers, by OMB direction these are not
included in the calculation of social costs.
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\7\ The 2015 Act, Public Law 114-74, codified at 28 U.S.C. 2461
note, specifies the method of calculating the inflation adjustment,
and OMB Memorandum M-16-06 provides the guidance required by the
2015 Act for agencies in calculating the inflation adjustment.
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In addition, FAA has determined the RFA does not apply to this
rulemaking. The 2015 Act requires FAA to publish an interim final rule
and there is good cause for issuing this rule without notice and
comment under 5 U.S.C. 553(b)(B). The Small Business Administration's A
Guide for Government Agencies: How to Comply with the Regulatory
Flexibility Act (2003), provides that:
If, under the 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.
Because there is good cause for issuing this final rule without notice
and comment (i.e., without an NPRM), the RFA does not apply. Therefore,
as provided in section 605(b), the head of the FAA certifies that this
rule will not result in a significant economic impact on a substantial
number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as
[[Page 43467]]
the protection of safety, and does not operate in a manner that
excludes imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
The FAA has assessed the potential effect of this final rule and
determined that it would impose identical inflation adjusted civil
penalties on domestic and international entities that violate aviation
safety, hazmat, and commercial space provisions in titles 49 and 51 of
the U.S. Code and regulations issued under those provisions, and thus
would have a neutral trade impact. Furthermore, the inflation
adjustment is a legitimate domestic objective preserving the existing
deterrent impact of aviation, hazmat, and commercial space safety
statutes and regulations. Therefore, we have determined that this rule
will result in a neutral impact on international trade.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there are no current or new requirements for information collection
associated with this rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.
Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined that this action qualifies for categorical exclusion under
the National Environmental Policy Act in accordance with FAA Order
1050.1F, ``Environmental Impacts: Policies and Procedures,'' paragraph
5-6.6.f, which covers regulations not expected to cause any potentially
significant environmental impacts. The FAA has also determined that
there are no extraordinary circumstances requiring an environmental
assessment or environmental impact statement.
Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have federalism
implications.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or
3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
List of Subjects
14 CFR Part 13
Administrative practice and procedure, Air transportation,
Hazardous materials transportation, Investigations, Law enforcement,
Penalties.
14 CFR Part 406
Administrative procedure and review, Commercial space
transportation, Enforcement, Investigations, Penalties, Rules of
adjudication.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapters I and III of title 14, Code of Federal
Regulations as follows:
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES
0
1. The authority citation for part 13 continues to read as follows:
Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C.
106(g), 5121-5128, 40113-40114, 44103-44106, 44701-44703, 44709-
44710, 44713, 46101-46111, 46301, 46302 (for a violation of 49
U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 47106,
47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.47.
0
2. Amend Sec. 13.301 by revising paragraph (a) and adding paragraph
(c) to read as follows:
Sec. 13.301 Scope and purpose.
(a) This subpart sets out the current adjusted maximum civil
monetary penalties or range of minimum and maximum civil monetary
penalties for each statutory civil penalty subject to the FAA's
jurisdiction under title 49 of the U.S. Code. These penalties have been
adjusted for inflation in conformity with the Federal Civil Penalties
Inflation Adjustment Act of 1990, 28 U.S.C. 2461 (note), as amended by
the Debt Collection Improvement Act of 1996, Public Law 104-134, April
26, 1996, and the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Public Law 114-74, November 2, 2015, in order
to maintain the deterrent effect of civil monetary penalties and to
promote compliance with the law.
* * * * *
(c) Minimum and maximum civil monetary penalties within the
jurisdiction of the FAA are as follows:
[[Page 43468]]
Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After August 1, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
New or
adjusted Maximum penalty amount New or adjusted
United States Code citation Civil monetary penalty Minimum penalty minimum when last set or maximum penalty
description amount penalty adjusted by Congress amount
amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a), subparagraph (1). Violation of hazardous Deleted 7/6/2012....... N/A $75,000 per violation, $77,114.
materials transportation adjusted 7/6/2012.
law.
49 U.S.C. 5123(a), subparagraph (2). Violation of hazardous Deleted 7/6/2012....... N/A $175,000 per $179,933.
materials transportation violation, adjusted 7/
law resulting in death, 6/2012.
serious illness, severe
injury, or substantial
property destruction.
49 U.S.C. 5123(a), subparagraph (3). Violation of hazardous $450 per violation, set $537 $75,000 per violation, $77,114.
materials transportation 8/10/2005. adjusted 7/6/2012.
law relating to training.
49 U.S.C. 46301(a)(1)............... Violation by a person other N/A.................... N/A $25,000 per violation, $32,140.
than an individual or set 12/12/2003.
small business concern
under 49 U.S.C.
46301(a)(1)(A) or (B).
49 U.S.C. 46301(a)(1)............... Violation by an airman N/A.................... N/A $1,100 per violation, $1,414.
serving as an airman under adjusted 12/12/2003.
49 U.S.C. 46301(a)(1)(A)
or (B) (but not covered by
46301(a)(5)(A) or (B).
49 U.S.C. 46301(a)(1)............... Violation by an individual N/A.................... N/A $1,100 per violation, $1,414.
or small business concern adjusted 12/12/2003.
under 49 U.S.C.
46301(a)(1)(A) or (B) (but
not covered in 49 U.S.C.
46301(a)(5)).
49 U.S.C. 46301(a)(3)............... Violation of 49 U.S.C. N/A.................... N/A Increase above No change.
47107(b) (or any assurance otherwise applicable
made under such section) maximum amount not to
or 49 U.S.C. 47133. exceed 3 times the
amount of revenues
that are used in
violation of such
section.
49 U.S.C. 46301(a)(5)(A)............ Violation by an individual N/A.................... N/A $10,000 per violation, $12,856.
or small business concern set 12/12/2003.
(except an airman serving
as an airman) under 49
U.S.C. 46301(a)(5)(A)(i)
or (ii).
49 U.S.C. 46301(a)(5)(B)(i)......... Violation by an individual N/A.................... N/A $10,000 per violation, $12,856.
or small business concern set 12/12/2003.
related to the
transportation of
hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii)........ Violation by an individual N/A.................... N/A $10,000 per violation, $12,856.
or small business concern set 12/12/2003.
related to the
registration or
recordation under 49
U.S.C. chapter 441, of an
aircraft not used to
provide air transportation.
49 U.S.C. 46301(a)(5)(B)(iii)....... Violation by an individual N/A.................... N/A $10,000 per violation, $12,856.
or small business concern set 12/12/2003.
of 49 U.S.C. 44718(d),
relating to limitation on
construction or
establishment of landfills.
49 U.S.C. 46301(a)(5)(B)(iv)........ Violation by an individual N/A.................... N/A $10,000 per violation, $12,856.
or small business concern set 12/12/2003.
of 49 U.S.C. 44725,
relating to the safe
disposal of life-limited
aircraft parts.
49 U.S.C. 46301(b).................. Tampering with a smoke N/A.................... N/A $2,000 per violation, $4,126.
alarm device. set 12/22/1987.
49 U.S.C. 46302..................... Knowingly providing false N/A.................... N/A $10,000 per violation, $22,587.
information about alleged set 10/12/1984.
violation involving the
special aircraft
jurisdiction of the United
States.
49 U.S.C. 46318..................... Interference with cabin or N/A.................... N/A $25,000, set 4/5/2000. $34,172.
flight crew.
49 U.S.C. 46319..................... Permanent closure of an N/A.................... N/A $10,000 per day, set $12,856.
airport without providing 12/12/2003.
sufficient notice.
49 U.S.C. 47531..................... Violation of 49 U.S.C. N/A.................... N/A See 49 U.S.C. No change.
47528-47530, relating to 46301(a)(1)(A) and
the prohibition of (a)(5), above.
operating certain aircraft
not complying with stage 3
noise levels.
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[[Page 43469]]
Sec. Sec. 13.303 and 13.305 [Removed]
0
3. Remove Sec. Sec. 13.303 and 13.305.
CHAPTER III--COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW
0
4. The authority citation for part 406 continues to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
5. Revise Sec. 406.9(a) to read as follows:
Sec. 406.9 Civil penalties.
(a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person
found by the FAA to have violated a requirement of the Act, a
regulation issued under the Act, or any term or condition of a license
or permit issued or transferred under the Act, is liable to the United
States for a civil penalty of not more than $225,867 for each
violation. A separate violation occurs for each day the violation
continues.
* * * * *
Issued under authority provided by 28 U.S.C. 2461 and 49 U.S.C.
106(f), 44701(a), and 46301 in Washington, DC, on June 23, 2016.
Michael P. Huerta,
Administrator.
[FR Doc. 2016-15744 Filed 7-1-16; 8:45 am]
BILLING CODE 4910-13-P