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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
Title 49Transportation PART 107HAZARDOUS MATERIALS
PROGRAM PROCEDURES
17. The authority citation for part 107
continues to read as follows:

Authority: 49 U.S.C. 51015128, 44701;
Pub. L. 101410 Section 4; Pub. L. 104121
Sections 212213; Pub. L. 104134 Section 31001; Pub. L. 11474 Section 4 28 U.S.C.
2461 note; 49 CFR 1.81 and 1.97; 33 U.S.C.
1321.

18. Revise 107.329 to read as follows:

107.329

Maximum penalties.

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a A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $84,425 for each violation, except the maximum civil penalty is $196,992 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property.
There is no minimum civil penalty, except for a minimum civil penalty of $508 for violations relating to training.
When the violation is a continuing one, each day of the violation constitutes a separate offense.
b A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $84,425 for each violation, except the maximum civil penalty is $196,992 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property.
There is no minimum civil penalty, except for a minimum civil penalty of $508 for violations relating to training.
Appendix A to Subpart D of Part 107
Amended 19. In appendix A to subpart D of part 107, remove $83,439 or $194,691 and July 31, 2019 and add in their places

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$84,425 or $196,992 and May 3, 2021, respectively.
PART 171GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
20. The authority citation for part 171
continues to read as follows:

Authority: 49 U.S.C. 51015128, 44701;
Pub. L. 101410 section 4; Pub. L. 104134, section 31001; Pub. L. 11474 section 4 28
U.S.C. 2461 note; 49 CFR 1.81 and 1.97.

21. Amend 171.1 by revising paragraph g to read as follows:

171.1 Applicability of Hazardous Materials Regulations HMR to persons and functions.

g Penalties for noncompliance. Each person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter is liable for a civil penalty of not more than $84,425 for each violation, except the maximum civil penalty is $196,992 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property.
There is no minimum civil penalty, except for a minimum civil penalty of $508 for a violation relating to training.
PART 190PIPELINE SAFETY
ENFORCEMENT AND REGULATORY
PROCEDURES
22. The authority citation for part 190
continues to read as follows:

Authority: 33 U.S.C. 1321b; 49 U.S.C.
60101 et seq.

23. Amend 190.223 by revising paragraphs a, c, and d to read as follows:

190.223

Maximum penalties.

a Any person found to have violated a provision of 49 U.S.C. 60101, et seq., or any regulation in 49 CFR parts 190
through 199, or order issued pursuant to 49 U.S.C. 60101, et seq. or 49 CFR part 190, is subject to an administrative civil penalty not to exceed $225,134 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,251,334 for any related series of violations.

c Any person found to have violated any standard or order under 49 U.S.C.
60103 is subject to an administrative civil penalty not to exceed $82,245, which may be in addition to other
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penalties to which such person may be subject under paragraph a of this section.
d Any person who is determined to have violated any standard or order under 49 U.S.C. 60129 is subject to an administrative civil penalty not to exceed $1,307, which may be in addition to other penalties to which such person may be subject under paragraph a of this section.

PART 209RAILROAD SAFETY
ENFORCEMENT PROCEDURES
24. The authority citation for part 209
continues to read as follows:

Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.89.

25. Amend 209.103 by revising paragraphs a and c to read as follows:

209.103 Minimum and maximum penalties.

a A person who knowingly violates a requirement of the Federal hazardous materials transportation laws, an order issued thereunder, subchapter A or C of chapter I, subtitle B, of this title, or a special permit or approval issued under subchapter A or C of chapter I, subtitle B, of this title is liable for a civil penalty of not more than $84,425 for each violation, except that 1 The maximum civil penalty for a violation is $196,992 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property; and 2 A minimum $508 civil penalty applies to a violation related to training.

c The maximum and minimum civil penalties described in paragraph a of this section apply to violations occurring on or after May 3, 2021.
26. Amend 209.105 by revising the last sentence of paragraph c to read as follows:
209.105

Notice of probable violation.

c In an amended notice, FRA
may change the civil penalty amount proposed to be assessed up to and including the maximum penalty amount of $84,425 for each violation, except that if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, FRA may change the penalty amount proposed to be assessed up to and including the maximum penalty amount of $196,992.
209.409

Amended
27. Amend 209.409 as follows:

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