Federal Register - May 3, 2021
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Source: Federal Register
23242
Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
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
A. OST 2021 Adjustments OSTs 2021 civil penalty adjustments are summarized in the chart below.
Citation
General civil penalty for violations of certain aviation economic regulations and statutes.
General civil penalty for violations of certain aviation economic regulations and statutes involving an individual or small business concern.
Civil penalties for individuals or small 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 businesses for violations of 49
U.S.C. 41719 and rules and orders issued pursuant to that provision.
Civil penalties for individuals or small businesses for violations of 49
U.S.C. 41712 or consumer protection rules and orders issued pursuant to that provision.
49 U.S.C. 46301a1
$34,777
$35,188
49 U.S.C. 46301a1
1,530
1,548
49 U.S.C. 46301a5A
13,910
14,074
49 U.S.C. 46301a5C
6,955
7,037
49 U.S.C. 46301a5D
3,478
3,519
with OMB Memorandum M1606, these penalty levels will not be adjusted because they have been in effect for less than a year.
The new statute also authorized civil penalties against individuals acting on behalf of an applicant for or holder of a type certificate for knowingly making a false statement with respect to any of the matters described in 44704e1AE.4 Here, however, the statute used the preexisting civil penalty authority in 49 U.S.C. 46301
rather than creating a new maximum civil penalty. The adjustment of the
Existing penalty
New penalty existing penalty 1.01182
Description
B. FAA 2021 Adjustments On December 27, 2020, a new statute amended 49 U.S.C. 44704 to add new civil penalty provisions. Subsection d imposes a penalty for a holder of a production certificate who knowingly presents a nonconforming aircraft for issuance of an initial airworthiness certificate.2 Subsection e allows for the assessment of a civil penalty against an applicant for or holder of a type certificate for knowing violations of 44704e13.3 The maximum penalty amount for both of these violations is $1,000,000. In accordance
jbell on DSKJLSW7X2PROD with RULES
effective. This rule also does not change previously assessed or enforced penalties that DOT is actively collecting or has collected.
penalties in 46301 thus covers this amendment to 44704.
Moreover, the new law authorized civil penalties for any supervisor of an organization designation authorization ODA holder who interferes with any ODA unit members performance of authorized functions.5 This new law imposes the civil penalty under the authority of 49 U.S.C. 46301a1, so the applicable maximum civil penalty is already included in the FAAs adjustments in this final rule.
Other 2021 adjustments are summarized in the chart below.
Citation
Violation of hazardous materials transportation law
Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction.
Minimum penalty for violation of hazardous materials transportation law relating to training.
Maximum penalty for violation of hazardous materials transportation law relating to training.
Operation of an unmanned aircraft or unmanned aircraft system equipped or armed with a dangerous weapon.
Violation by a person other than an individual or small business concern under 49 U.S.C. 46301a1A or B.
Violation by an airman serving as an airman under 49 U.S.C.
46301a1A or B but not covered by 46301a5A or B 6.
Violation by an individual or small business concern under 49 U.S.C.
46301a1A or B but not covered in 49 U.S.C. 46301a5.
Violation by an individual or small business concern except an airman serving as an airman under 49 U.S.C. 46301a5Ai or ii.
49 U.S.C. 5123a1
49 U.S.C. 5123a2
$83,439
194,691
$84,425
196,992
49 U.S.C. 5123a3
502
508
49 U.S.C. 5123a3
83,439
84,425
49 U.S.C. 44802 note
25,441
25,742
49 U.S.C. 46301a1
34,777
35,188
49 U.S.C. 46301a1
1,530
1,548
49 U.S.C. 46301a1
1,530
1,548
49 U.S.C. 46301a5A
13,910
14,074
2 Public Law 116260, 134 Stat. , Div. V, Title I, Section 120 Dec. 27, 2020.
3 Public Law 116260, 134 Stat. , Div. V, Title I, Section 105a.
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4 Public Law 116260, 134 Stat. , Div. V, Title I, Section 105a.
5 Public Law 116260, 134 Stat. , Div. V, Title I, Section 107a to be codified at 49 U.S.C. 44742.
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Existing penalty
New penalty existing penalty 1.01182
Description
6 Note that this entry and the entry immediately below correct a rounding error from DOTs 2019
civil penalties adjustment rule. The 2020 penalty amounts are updated to $1,530 from the $1,527
specified in the 2020 adjustment.
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