Federal Register - May 3, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.
PART 240QUALIFICATION AND
CERTIFICATION OF LOCOMOTIVE
ENGINEERS
Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note;
and 49 CFR 1.89.
Amended
PART 243TRAINING, QUALIFICATION, AND OVERSIGHT
FOR SAFETYRELATED RAILROAD
EMPLOYEES
PART 386RULES OF PRACTICE FOR
FMCSA PROCEEDINGS
Authority: 49 U.S.C. 20103, 20107, 20131
20155, 20162, 2030120306, 2070120702, 2130121304, 21311; 28 U.S.C. 2461, note;
and 49 CFR 1.89.
243.7
Amended
82. In 240.11, amend paragraph a as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.
PART 241UNITED STATES
LOCATIONAL REQUIREMENT FOR
DISPATCHING OF UNITED STATES
RAIL OPERATIONS
83. The authority citation for part 241
continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461, note; 49 CFR
1.89.
PART 244REGULATIONS ON
SAFETY INTEGRATION PLANS
GOVERNING RAILROAD
CONSOLIDATIONS, MERGERS, AND
ACQUISITIONS OF CONTROL
89. The authority citation for part 244
continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301;
5 U.S.C. 553 and 559; 28 U.S.C. 2461, note;
and 49 CFR 1.89.
244.5
Amended
84. In 241.15, amend paragraph a as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.
Amended
90. In 244.5, amend paragraph a as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.
PART 272CRITICAL INCIDENT
STRESS PLANS
PART 242QUALIFICATION AND
CERTIFICATION OF CONDUCTORS
91. The authority citation for part 272
continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.89.
Authority: 49 U.S.C. 20103, 20107, 20109, note; 28 U.S.C. 2461, note; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110432, 122 Stat.
4888.
242.11
272.11
85. The authority citation for part 242
continues to read as follows:
Amended
86. In 242.11, amend paragraph a as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and
VerDate Sep<11>2014
17:00 Apr 30, 2021
Jkt 253001
Amended
92. In 272.11, amend paragraph a as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and
PO 00000
Frm 00020
Fmt 4700
c. Remove the dollar amount $118,826 and add in its place $120,231.
93. The authority citation for part 386
is revised to read as follows:
Authority: 49 U.S.C. 113; chapters 5, 51, 131141, 145149, 311, 313, and 315; Sec.
204, Pub. L. 10488, 109 Stat. 803, 941 49
U.S.C. 701 note; Sec. 32402, Pub. L. 112
141, 126 Stat. 405, 795 49 U.S.C. 31306a;
Sec. 701 Pub. L. 11474, 129 Stat. 599 28
U.S.C. 2461 note; 49 CFR 1.81 and 1.87.
94. Amend appendix A to part 386 by revising the introductory text, section II, and section IV.a. through e. and g.
through j. to read as follows:
88. In 243.7, amend paragraph a as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.
jbell on DSKJLSW7X2PROD with RULES
87. The authority citation for part 243
continues to read as follows:
81. The authority citation for part 240
is revised to read as follows:
241.15
c. Remove the dollar amount $118,826 and add in its place $120,231.
240.11
Sfmt 4700
Appendix A to Part 386Penalty Schedule: Violations of Notices and Orders The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Public Law 11474, sec. 701, 129
Stat. 599 amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust civil penalties for inflation. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code.
II. Subpoena ViolationFailure to respond to Agency subpoena to appear and testify or produce records.
Penaltyminimum of $1,125 but not more than $11,256 per violation.
IV. Out-of-Service Order a. ViolationOperation of a commercial vehicle by a driver during the period the driver was placed out of service.
PenaltyUp to $1,951 per violation.
For purposes of this violation, the term driver means an operator of a commercial motor vehicle, including an independent contractor who, while in the course of operating a commercial motor vehicle, is employed or used by another person.
b. ViolationRequiring or permitting a driver to operate a commercial vehicle during the period the driver was placed out of service.
PenaltyUp to $19,505 per violation.
This violation applies to motor carriers including an independent contractor who is not a driver, as defined under paragraph IVa above.
c. ViolationOperation of a commercial motor vehicle or intermodal
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