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 employee, or other person authorized to receive information from them, who discloses information identified in 49
U.S.C. 14908 without the permission of the shipper or consignee is liable for a maximum penalty of $3,389.
18 A person who violates a provision of part B, subtitle IV, title 49, U.S.C., or a regulation or order under part B, or who violates a condition of registration related to transportation that is subject to jurisdiction under subchapter I or III of chapter 135, or who violates a condition of registration of a foreign motor carrier or foreign motor private carrier under section 13902, is liable for a penalty of $848 for each violation if another penalty is not provided in 49 U.S.C. chapter 149.
21
i Who knowingly and willfully fails, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a payment in accordance with part 375, subpart G, of this subchapter, is liable for a civil penalty of not less than $16,941 for each violation. Each day of a continuing violation constitutes a separate offense.
22 A broker for transportation of household goods who makes an estimate of the cost of transporting any such goods before entering into an agreement with a motor carrier to provide transportation of household goods subject to FMCSA jurisdiction is liable to the United States for a civil penalty of not less than $13,072 for each violation.
23 A person who provides transportation of household goods subject to jurisdiction under 49 U.S.C.
chapter 135, subchapter I, or provides broker services for such transportation, without being registered under 49
U.S.C. chapter 139 to provide such transportation or services as a motor carrier or broker, as the case may be, is liable to the United States for a civil penalty of not less than $32,679 for each violation.
h Copying of records and access to equipment, lands, and buildings. A
person subject to 49 U.S.C. chapter 51
or a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle subject to part B of subtitle VI of title 49 U.S.C.
who fails to allow promptly, upon demand in person or in writing, the Federal Motor Carrier Safety
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Administration, an employee designated by the Federal Motor Carrier Safety Administration, or an employee of a MCSAP grant recipient to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C.
504c, 5121c, and 14122b, is subject to a civil penalty of not more than $1,307 for each offense. Each day of a continuing violation constitutes a separate offense, except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $13,072.
i Evasion. A person, or an officer, employee, or agent of that person:
1 Who by any means tries to evade regulation of motor carriers under title 49, United States Code, chapter 5, chapter 51, subchapter III of chapter 311
except sections 31138 and 31139 or section 31302, 31303, 31304, 31305b, 31310g1A, or 31502, or a regulation in subtitle B, chapter I, subchapter C of this title, or this subchapter, issued under any of those provisions, shall be fined at least $2,252 but not more than $5,628 for the first violation and at least $2,813 but not more than $8,433 for a subsequent violation.
2 Who tries to evade regulation under part B of subtitle IV, title 49, U.S.C., for carriers or brokers is liable for a penalty of at least $2,252 for the first violation or at least $5,628 for a subsequent violation.
PART 578CIVIL AND CRIMINAL
PENALTIES
96. The authority citation for part 578
is revised to read as follows:
Authority: Pub. L. 92513, Pub. L. 94163, Pub. L. 98547, Pub. L. 101410, Pub. L.
102388, Pub. L. 102519, Pub. L. 104134, Pub. L. 10959, Pub. L. 110140, Pub. L.
112141, Pub. L. 11474, Pub. L. 11494 49
U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710, 32902, 32912, 33114, and 33115; delegation of authority at 49 CFR
1.81, 1.95.
97. In 578.6, revise paragraphs a1, a2iB, a3 and 4, b through g, h1, and i to read as follows:
578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code.
a
1 In general. A person who violates any of sections 30112, 30115, 30117
through 30122, 30123a, 30125c, 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation in this chapter prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $22,992 for each violation. A separate violation
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occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections.
The maximum civil penalty under this paragraph a1 for a related series of violations is $114,954,525.
2
i
B Violates section 30112a2 of Title 49 United States Code, shall be subject to a civil penalty of not more than $13,072 for each violation. A
separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by this section. The maximum penalty under this paragraph a2iB
for a related series of violations is $19,607,465.
3 Section 30166. A person who violates Section 30166 of Title 49 of the United States Code or a regulation in this chapter prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph a3 is $22,992 per violation per day. The maximum penalty under this paragraph a3 for a related series of daily violations is $114,954,525.
4 False and misleading reports. A
person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to Section 30166o of Title 49 of the United States Code, shall be subject to a civil penalty of not more than $5,628 per day. The maximum penalty under this paragraph a4 for a related series of daily violations is $1,125,668.
b National Automobile Title Information System. An individual or entity violating 49 U.S.C. Chapter 305 is liable to the United States Government for a civil penalty of not more than $1,814 for each violation.
c Bumper standards. 1 A person that violates 49 U.S.C. 32506a is liable to the United States Government for a civil penalty of not more than $3,011 for each violation. A separate violation occurs for each passenger motor vehicle or item of passenger motor vehicle equipment involved in a violation of 49
U.S.C. 32506a1 or 4
i That does not comply with a standard prescribed under 49 U.S.C.
32502; or ii For which a certificate is not provided, or for which a false or
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