Rule2023-02153
Revisions to Civil Penalty Amounts; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 2, 2023
Effective
February 2, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, DOT published a final rule on January 6, 2023, to provide the 2023 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. This rule corrects errors in that rulemaking by making the statutorily required adjustment to an unadjusted FAA penalty and updating a table heading.
Full Text
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<title>Federal Register, Volume 88 Issue 22 (Thursday, February 2, 2023)</title>
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[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Rules and Regulations]
[Page 6971]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02153]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 22 / Thursday, February 2, 2023 /
Rules and Regulations
[[Page 6971]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 13
RIN 2105-AF12
Revisions to Civil Penalty Amounts; Correction
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT or the Department).
ACTION: Correcting amendments.
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SUMMARY: In accordance with the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, DOT published a final rule on
January 6, 2023, to provide the 2023 inflation adjustment to civil
penalty amounts that may be imposed for violations of certain DOT
regulations. This rule corrects errors in that rulemaking by making the
statutorily required adjustment to an unadjusted FAA penalty and
updating a table heading.
DATES: Effective February 2, 2023.
FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor,
Office of the General Counsel, U.S. Department of Transportation, 1200
New Jersey Ave. SE, Washington, DC 20590, <a href="/cdn-cgi/l/email-protection#593c353023383b3c2d317732363135193d362d773e362f"><span class="__cf_email__" data-cfemail="ec898085968d8e899884c287838480ac888398c28b839a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This rule corrects errors in DOT's final
rule, published on January 6, 2023 (88 FR 1114), in accordance with the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015, providing the 2023 inflation adjustment to civil penalty amounts
that may be imposed for violations of certain DOT regulations.
Specifically, the final rule specified the updated applicable minimum
penalty for violation of hazardous materials transportation law
relating to training in 49 U.S.C. 5123(a)(3) of $582 (and the prior
year's penalty of $540) in the preamble of the final rule, but the
penalty specified in the regulatory text was not updated and remained
as $540 (the prior year's penalty also remained unadjusted at $508). In
addition, a table heading in Table 1 to Sec. 13.301 was not updated
from ``2021 Minimum penalty amount'' to ``2022 Minimum penalty
amount.'' DOT publishes this final rule to correct those errors.
Regulatory Analysis and Notices
DOT has determined that the regulatory reviews and analyses
conducted in support of the January 6, 2023, final rule remain
unchanged because of this final rule.
List of Subjects in 14 CFR Part 13
Administrative practice and procedure, Air transportation,
Hazardous materials transportation, Investigations, Law enforcement,
Penalties.
Accordingly, the Department of Transportation amends 14 CFR part 13
by making the following correcting amendments:
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES
0
1. The authority citation for part 13 continues to read as follows:
Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 note; 49 U.S.C.
106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 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 in paragraph (c), table 1, by revising the
heading of the third column and the entry for ``49 U.S.C. 5123(a)(3)''
to read as follows:
Sec. 13.301 Inflation adjustments of civil monetary penalties.
* * * * *
(c) * * *
Table 1 to Sec. 13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
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New adjusted New adjusted
minimum penalty maximum penalty
Civil monetary 2022 amount for 2022 amount for
United States Code citation penalty Minimum violations Maximum violations
description penalty occurring on or penalty occurring on or
amount after January 6, amount after January 6,
2023 2023
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* * * * * * *
49 U.S.C. 5123(a)(3)........... Violation of $540 $582 $89,678 $96,624
hazardous
materials
transportation
law relating to
training.
* * * * * * *
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Signed under authority provided by 28 U.S.C. 2461 note and 49
CFR 1.27 in Washington, DC, on January 27th, 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-02153 Filed 2-1-23; 8:45 am]
BILLING CODE 4910-13-P
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