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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations equipment by a driver after the vehicle or intermodal equipment was placed out-of-service and before the required repairs are made.
Penalty$1,951 each time the vehicle or intermodal equipment is so operated.
This violation applies to drivers as defined in IVa above.
d. ViolationRequiring or permitting the operation of a commercial motor vehicle or intermodal equipment placed out-of-service before the required repairs are made.
PenaltyUp to $19,505 each time the vehicle or intermodal equipment is so operated after notice of the defect is received.
This violation applies to intermodal equipment providers and motor carriers, including an independent owner operator who is not a driver, as defined in IVa above.
e. ViolationFailure to return written certification of correction as required by the out-of-service order.
PenaltyUp to $975 per violation.

g. ViolationOperating in violation of an order issued under 386.72b to cease all or part of the employers commercial motor vehicle operations or to cease part of an intermodal equipment providers operations, i.e., failure to cease operations as ordered.
PenaltyUp to $28,142 per day the operation continues after the effective date and time of the order to cease.
h. ViolationOperating in violation of an order issued under 386.73.
PenaltyUp to $24,730 per day the operation continues after the effective date and time of the out-of-service order.
i. ViolationConducting operations during a period of suspension under 386.83 or 386.84 for failure to pay penalties.
PenaltyUp to $15,876 for each day that operations are conducted during the suspension or revocation period.
j. ViolationConducting operations during a period of suspension or revocation under 385.911, 385.913, 385.1009, or 385.1011 of this subchapter.
PenaltyUp to $24,730 for each day that operations are conducted during the suspension or revocation period.
95. Amend appendix B to part 386 by revising the introductory text and paragraphs a1 through 5, b, d through f, g1 through 8, 10
through 14, and 16 through 18, g21i, g22 and 23, h, and i to read as follows:

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Appendix B to Part 386Penalty Schedule: Violations and Monetary Penalties The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Pub. L. 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.
What are the types of violations and maximum monetary penalties?
a
1 Recordkeeping. A person or entity that fails to prepare or maintain a record required by part 40 of this title and parts 382, subpart A, B, C, D, E, or F, 385, and 390 through 399 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $1,307 for each day the violation continues, up to $13,072.
2 Knowing falsification of records. A
person or entity that knowingly falsifies, destroys, mutilates, or changes a report or record required by parts 382, subpart A, B, C, D, E, or F, 385, and 390 through 399 of this subchapter, knowingly makes or causes to be made a false or incomplete record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation order of the Secretary is subject to a maximum civil penalty of $13,072 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping violation.
3 Non-recordkeeping violations. A
person or entity that violates part 382, subpart A, B, C, D, E, or F, part 385, or parts 390 through 399 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $15,876 for each violation.
4 Non-recordkeeping violations by drivers. A driver who violates parts 382, subpart A, B, C, D, E, or F, 385, and 390
through 399 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $3,969.
5 Violation of 49 CFR 392.5. A
driver placed out of service for 24 hours for violating the alcohol prohibitions of 49 CFR 392.5a or b who drives during that period is subject to a civil penalty not to exceed $3,268 for a first conviction and not less than $6,536 for a second or subsequent conviction.

b Commercial drivers license CDL
violations. Any employer, employee,
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medical review officer, or service agent who violates any provision of 49 CFR
part 382, subpart G, or any person who violates 49 CFR part 383, subpart B, C, E, F, G, or H, is subject to a civil penalty not to exceed $5,902; except:
1 A CDL-holder who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $3,268 for a first conviction and not less than $6,536 for a second or subsequent conviction;
2 An employer of a CDL-holder who knowingly allows, requires, permits, or authorizes an employee to operate a CMV during any period in which the CDL-holder is subject to an out-ofservice order, is subject to a civil penalty of not less than $5,902 or more than $32,679; and 3 An employer of a CDLholder who knowingly allows, requires, permits, or authorizes that CDL-holder to operate a CMV in violation of a Federal, State, or local law or regulation pertaining to railroad-highway grade crossings is subject to a civil penalty of not more than $16,941.

d Financial responsibility violations.
A motor carrier that fails to maintain the levels of financial responsibility prescribed by part 387 of this subchapter or any person except an employee who acts without knowledge who knowingly violates the rules of part 387, subparts A and B, is subject to a maximum penalty of $17,416. Each day of a continuing violation constitutes a separate offense.
e Violations of the Hazardous Materials Regulations HMRs and safety permitting regulations found in subpart E of part 385 of this subchapter.
This paragraph e applies to violations by motor carriers, drivers, shippers and other persons who transport hazardous materials on the highway in commercial motor vehicles or cause hazardous materials to be so transported.
1 All knowing violations of 49
U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to 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. Each day of a continuing violation constitutes a separate offense.
2 All knowing violations of 49
U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to training related to the transportation or shipment of hazardous materials by commercial motor vehicle on the highways are subject to a civil penalty of not less than
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