FAA ISSUES FINAL RULE PROVIDING CIVIL PENALTY ADJUSTMENTS FOR 2022

April 11, 2022

On March 21, 2022, DOT’s Office of the Secretary and the FAA published a final rule in the Federal Register to give notice of the statutorily-prescribed 2022 adjustment to civil penalty amounts that may be imposed for certain violations of DOT regulations.  A summarized list of FAAs adjusted civil penalties for 2022 is as follows:

Office of the Secretary of DOT 2022 Adjustments:

Description

Citation

Existing Penalty

New Penalty (Existing Penalty X

1.06222)

General civil penalty for violations of certain aviation economic

regulations and statutes (i.e., general civil penalty imposed for violations committed by larger businesses and entities)

 

49 U.S.C.

46301(a)(l)

$35,188

$37,377

General civil penalty for violations of certain aviation economic regulations and statutes involving an individual or small business concern

 

 

49 U.S.C.

46301(a)(l)

$1,548

$1,644

 

Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41719 and rules and orders issued pursuant to that provision

 

49 U.S.C.

46301(a)(5)(C)

$7,037

$7,475

 

FAA 2022 Adjustments:

Description

Citation

Existing Penalty

New Penalty (Existing Penalty x 1.06222)

Violation of hazardous materials transportation law

 

49 U.S.C. 5123(a)(l)

$84,425

$89,678

Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction

 

49 U.S.C. 5123(a)(2)

$196,992

$209,249

Physical or sexual 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. 46318

$36,948

$39,247

 

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).

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Authors

Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

See full bio