§ 13.301
Inflation adjustments of civil monetary penalties.
(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.
(b) Each adjustment to the maximum civil monetary penalty or the range of minimum and maximum civil monetary penalties, as applicable, made in accordance with this subpart applies prospectively from the date it becomes effective to actions initiated under this part, notwithstanding references to a specific maximum civil monetary penalty or range of minimum and maximum civil monetary penalties contained elsewhere in this part.
(c) Minimum and maximum civil monetary penalties within the jurisdiction of the FAA are as follows:
Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or after April 10, 2017
United States Code citation | Civil monetary penalty description | 2016 minimum penalty amount | New minimum penalty amount | 2016 maximum penalty amount | New maximum penalty amount |
---|---|---|---|---|---|
49 U.S.C. 5123(a)(1) | Violation of hazardous materials transportation law | N/A | N/A | $77,114 | $78,376. |
49 U.S.C. 5123(a)(2) | Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction | N/A | N/A | 179,933 | 182,877. |
49 U.S.C. 5123(a)(3) | Violation of hazardous materials transportation law relating to training | $463 | $471 | 77,114 | 78,376. |
49 U.S.C. 46301(a)(1) | Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) | N/A | N/A | 32,140 | 32,666. |
49 U.S.C. 46301(a)(1) | Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)) | N/A | N/A | 1,414 | 1,437. |
49 U.S.C. 46301(a)(1) | Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)) | N/A | N/A | 1,414 | 1,437. |
49 U.S.C. 46301(a)(3) | Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133 | N/A | N/A | Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section | No change. |
49 U.S.C. 46301(a)(5)(A) | Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii) | N/A | N/A | 12,856 | 13,066. |
49 U.S.C. 46301(a)(5)(B)(i) | Violation by an individual or small business concern related to the transportation of hazardous materials | N/A | N/A | 12,856 | 13,066. |
49 U.S.C. 46301(a)(5)(B)(ii) | Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation | N/A | N/A | 12,856 | 13,066. |
49 U.S.C. 46301(a)(5)(B)(iii) | Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills | N/A | N/A | 12,856 | 13,066. |
49 U.S.C. 46301(a)(5)(B)(iv) | Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts | N/A | N/A | 12,856 | 13,066. |
49 U.S.C. 46301(b) | Tampering with a smoke alarm device | N/A | N/A | 4,126 | 4,194. |
49 U.S.C. 46302 | Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States | N/A | N/A | 22,587 | 22,957. |
49 U.S.C. 46318 | Interference with cabin or flight crew | N/A | N/A | 34,172 | 34,731. |
49 U.S.C. 46319 | Permanent closure of an airport without providing sufficient notice | N/A | N/A | 12,856 | 13,066. |
49 U.S.C. 47531 | Violation of 49 U.S.C. 47528-47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels | N/A | N/A | See 49 U.S.C.46301(a)(1) and (a)(5), above | See 49 U.S.C.46301(a)(1) and (a)(5), above. |
[Docket No. 28762, 61 FR 67445, Dec. 20, 1996, as amended byDocket No. FAA-2016-7004, Amdt. 13-38, 81 FR 43467, July 5, 2016; 81 FR 51080, Aug. 5, 2016; Amdt. 13-39, 82 FR 17100, Apr. 10, 2017; Amdt. 13-39A, 82 FR 31440, July 7, 2017]