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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
$508 and not more than $84,425 for each violation.
3 All knowing violations of 49
U.S.C. chapter 51 or orders, regulations, or exemptions under the authority of that chapter applicable to the manufacture, fabrication, marking, maintenance, reconditioning, repair, or testing of a packaging or container that is represented, marked, certified, or sold as being qualified for use in the transportation or shipment of hazardous materials by commercial motor vehicle on the highways are subject to a civil penalty of not more than $84,425 for each violation.
4 Whenever regulations issued under the authority of 49 U.S.C. chapter 51 require compliance with the FMCSRs while transporting hazardous materials, any violations of the FMCSRs will be considered a violation of the HMRs and subject to a civil penalty of not more than $84,425.
5 If any violation subject to the civil penalties set out in paragraphs e1
through 4 of this appendix results in death, serious illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $196,992 for each offense.
f Operating after being declared unfit by assignment of a final unsatisfactory safety rating. 1 A
motor carrier operating a commercial motor vehicle in interstate commerce except owners or operators of commercial motor vehicles designed or used to transport hazardous materials for which placarding of a motor vehicle is required under regulations prescribed under 49 U.S.C. chapter 51 is subject, after being placed out of service because of receiving a final unsatisfactory safety rating, to a civil penalty of not more than $28,142 49 CFR 385.13.
Each day the transportation continues in violation of a final unsatisfactory safety rating constitutes a separate offense.
2 A motor carrier operating a commercial motor vehicle designed or used to transport hazardous materials for which placarding of a motor vehicle is required under regulations prescribed under 49 U.S.C. chapter 51 is subject, after being placed out of service because of receiving a final unsatisfactory safety rating, to a civil penalty of not more than $84,425 for each offense. If the violation results in death, serious illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $196,992 for each offense.
Each day the transportation continues in violation of a final unsatisfactory
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safety rating constitutes a separate offense.
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1 A person who operates as a motor carrier for the transportation of property in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $11,256
per violation.
2 A person who knowingly operates as a broker in violation of registration requirements of 49 U.S.C 13904 or financial security requirements of 49
U.S.C 13906 is liable for a penalty not to exceed $11,256 for each violation.
3 A person who operates as a motor carrier of passengers in violation of the registration requirements of 49 U.S.C.
13901 is liable for a minimum penalty of $28,142 per violation.
4 A person who operates as a foreign motor carrier or foreign motor private carrier of property in violation of the provisions of 49 U.S.C. 13902c is liable for a minimum penalty of $11,256 per violation.
5 A person who operates as a foreign motor carrier or foreign motor private carrier without authority, outside the boundaries of a commercial zone along the United States-Mexico border, is liable for a maximum penalty of $15,480
for an intentional violation and a maximum penalty of $38,702 for a pattern of intentional violations.
6 A person who operates as a motor carrier or broker for the transportation of hazardous wastes in violation of the registration provisions of 49 U.S.C.
13901 is liable for a minimum penalty of $22,514 and a maximum penalty of $45,027 per violation.
7 A motor carrier or freight forwarder of household goods, or their receiver or trustee, that does not comply with any regulation relating to the protection of individual shippers, is liable for a minimum penalty of $1,693
per violation.
8 A person i Who falsifies, or authorizes an agent or other person to falsify, documents used in the transportation of household goods by motor carrier or freight forwarder to evidence the weight of a shipment; or ii Who charges for services which are not performed or are not reasonably necessary in the safe and adequate movement of the shipment is liable for a minimum penalty of $3,389 for the first violation and $8,471 for each subsequent violation.

10 A person who offers, gives, solicits, or receives transportation of property by a carrier at a different rate than the rate in effect under 49 U.S.C.

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13702 is liable for a maximum penalty of $169,412 per violation. When acting in the scope of his/her employment, the acts or omissions of a person acting for or employed by a carrier or shipper are considered to be the acts or omissions of that carrier or shipper, as well as that person.
11 Any person who offers, gives, solicits, or receives a rebate or concession related to motor carrier transportation subject to jurisdiction under subchapter I of 49 U.S.C. chapter 135, or who assists or permits another person to get that transportation at less than the rate in effect under 49 U.S.C.
13702, commits a violation for which the penalty is $338 for the first violation and $423 for each subsequent violation.
12 A freight forwarder, its officer, agent, or employee, that assists or willingly permits a person to get service under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702
commits a violation for which the penalty is up to $848 for the first violation and up to $3,389 for each subsequent violation.
13 A person who gets or attempts to get service from a freight forwarder under 49 U.S.C. 13531 at less than the rate in effect under 49 U.S.C. 13702
commits a violation for which the penalty is up to $848 for the first violation and up to $3,389 for each subsequent violation.
14 A person who knowingly authorizes, consents to, or permits a violation of 49 U.S.C. 14103 relating to loading and unloading motor vehicles or who knowingly violates subsection a of 49 U.S.C. 14103 is liable for a penalty of not more than $16,941 per violation.

16 A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under part B of subtitle IV, title 49, U.S.C., or an officer, agent, or employee of that person, is liable for a minimum penalty of $1,125 and for a maximum penalty of $8,471 per violation if it does not make the report, does not completely and truthfully answer the question within 30 days from the date the Secretary requires the answer, does not make or preserve the record in the form and manner prescribed, falsifies, destroys, or changes the report or record, files a false report or record, makes a false or incomplete entry in the record about a business-related fact, or prepares or preserves a record in violation of a regulation or order of the Secretary.
17 A motor carrier, water carrier, freight forwarder, or broker, or their officer, receiver, trustee, lessee,
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