04-11965. Inflation Adjustment of the Maximum and Minimum Civil Monetary Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation
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Start Preamble
AGENCY:
Federal Railroad Administration (FRA), Department of Transportation (DOT).
ACTION:
Final rule.
SUMMARY:
To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, FRA is adjusting the minimum and maximum civil monetary penalties that it will apply when assessing a civil penalty for a violation of railroad safety statutes and regulations under its authority. In particular, FRA is increasing the minimum civil penalty from $500 to $550 and the maximum civil penalty where a grossly negligent violation or pattern of repeated violations has created an imminent hazard of death or injury or has actually caused death or injury (“grossly negligent violation”) from $22,000 to $27,000.
DATES:
Effective Date: This final rule is effective June 28, 2004, except for the amendments to part 222, which are effective December 18, 2004.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Melissa L. Porter, Trial Attorney, Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Mail Stop 10, Washington, DC 20590 (telephone 202-493-6034).
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
The Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Act) requires that an agency adjust by regulation each maximum civil monetary penalty (CMP), or range of minimum and maximum CMPs, within that agency's jurisdiction by October 23, 1996 and adjust those penalty amounts once every four years thereafter to reflect inflation. (Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461, note, as amended by Section 31001(s)(1) of the Debt Collection Improvement Act of 1996 Pub. L. 104-134, 110 Stat. 1321-373, April 26, 1996.) Congress recognized the important role that CMPs play in deterring violations of Federal law and regulations and realized that inflation has diminished the impact of these penalties. In the Inflation Act, Congress found a way to counter the effect that inflation has had on the CMPs by having the agencies charged with enforcement responsibility administratively adjust the CMPs.
Calculation of the Adjustment
Under the Inflation Act, the inflation adjustment is to be calculated by increasing the maximum CMP, or the range of minimum and maximum CMPs, by the percentage that the Consumer Price Index (CPI) for the month of June of the calendar year preceding the adjustment (here, June 2003) exceeds the CPI for the month of June of the last calendar year in which the amount of such penalty was last set or adjusted (here, June 1992 for the minimum CMP of $500 and June 1998 for maximum CMP of $22,000 for a grossly negligent violation.) The Inflation Act also specifies that amount of the adjustment must be rounded to the nearest multiple of $100 for a penalty between $100 and $1,000, or to the nearest multiple of $5,000 for a penalty between $10,000 and $100,000. The first adjustment may not exceed an increase of ten percent. FRA utilized Bureau of Labor Statistics data to calculate adjusted CMP amounts.
FRA is authorized as the delegate of the Secretary of Transportation to enforce the Federal railroad safety statutes and regulations, including the civil penalty provisions at 49 U.S.C. ch. 213. 49 CFR 1.49; 49 U.S.C. ch. 201-213. FRA currently has 27 regulations that contain provisions that reference its authority to impose civil penalties if a person violates any requirement in the pertinent portion of a statute or the Code of Federal Regulations. In this final rule, FRA is amending each of those separate regulatory provisions and the corresponding footnotes in each Schedule of Civil Penalties to raise the minimum CMP to $550 and maximum CMP for a grossly negligent violation to $27,000. In some instances, FRA is amending the corresponding appendices to these regulatory provisions, which outline FRA enforcement policy, as well.
With the exception of the penalties relating to the hours of service laws (49 U.S.C. ch. 211), the maximum CMP for Start Printed Page 30592a violation of the rail safety laws and regulations was established by the Rail Safety Improvement Act of 1988, which set a $10,000 limit for a CMP imposed for any single violation other than a grossly negligent violation, and a $20,000 limit for a grossly negligent violation. In 1998, after applying the adjustment calculation in the Inflation Act, FRA determined that the maximum CMP for any single violation needed to be increased to $11,000 and that the maximum CMP for grossly negligent violations needed to be increased to $22,000. FRA amended each of its regulations by final rule to reflect the increased CMPs. 63 FR 11618.
The Rail Safety Enforcement and Review Act (RSERA) in 1992 increased the range of the minimum and maximum civil penalty from $1,000 to $10,000 and $20,000, respectively, for a violation of the hours of service laws, making these minimum and maximum penalty amounts uniform with those of FRA's other regulatory provisions. By applying the same adjustment calculation using the 1992 CPI, the maximum penalties for violations of the hours of service laws were raised to equal those of the other rail safety laws and regulations: $11,000 and $22,000.
RSERA also increased the minimum CMP for all of the rail safety statutes and regulations from $250 to $500. In 1998, FRA had applied the adjustment calculation in the Inflation Act to the minimum CMP and had determined that it would not need to be increased. Now, applying the adjustment calculation using the June 2003 CPI, FRA has determined that the minimum CMP should be increased from $500 to $550, as the next calculations show.
The June 2003 CPI of 550.4 divided by the June 1992 CPI of 419.9 equals a 1.31 inflation factor; $500 times 1.31 equals $655, or an increase of $155, which is rounded to $200. The required ten percent cap is applied to that increase. Therefore, the legal increase is $50.
Because this is the first time that the minimum CMP has been adjusted under the Inflation Act, the ten-percent cap on the increase was applied. This final rule adjusts the minimum CMP for all of the rail safety statutes and regulations.
As required by the Inflation Act, FRA recently reevaluated the ordinary maximum CMP and the maximum CMP for grossly negligent violations using the June 2003 CPI, and determined that the maximum CMP for grossly negligent violations should be increased to $27,000, but that the maximum CMP for ordinary violations should remain at $11,000, as the next calculations show.
The June 2003 CPI of 550.4 divided by the June 1998 CPI of 488.2 equals a 1.13 inflation factor; $11,000 times 1.13 equals $12,430, or an increase of $1,430, which is rounded down to $0; $22,000 times 1.13 equals $24,860, or an increase of $2,860, which is rounded up to $5,000.
Because this is the second time that the maximum CMP for grossly negligent violations has been adjusted under the Act, the ten-percent cap on the increase does not apply.
These new FRA maximum penalties will apply to violations that occur on or after June 28, 2004.
Public Participation
FRA is proceeding to a final rule without providing a notice of proposed rulemaking or an opportunity for public comment. The adjustments required by the Act are ministerial acts over which FRA has no discretion, making public comment unnecessary. FRA is issuing these amendments as a final rule applicable to all future cases under its authority.
Regulatory Impact
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rule has been evaluated in accordance with existing policies and procedures. It is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. This rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034) because it is limited to a ministerial act on which the agency has no discretion. The economic impact of the final rule is minimal to the extent that preparation of a regulatory evaluation is not warranted.
B. Regulatory Flexibility Determination
FRA certifies that this final rule will not have a significant economic impact on a substantial number of small entities. Although this rule will apply to railroads and others who are considered small entities, there is no economic impact on any person who complies with the Federal railroad safety laws and the regulations and orders issued under those laws.
C. Federalism
This final rule will not have a substantial effect on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Thus, in accordance with Executive Order 13132, preparation of a Federalism assessment is not warranted.
D. Paperwork Reduction Act
There are no new information collection requirements in this final rule.
E. Compliance with the Unfunded Mandates Reform Act of 1995
The final rule issued today will not result in the expenditure, in the aggregate, of $120,700,000 or more in any one year by State, local, or Indian Tribal governments, or the private sector, and thus preparation of a statement is not required.
F. Environmental Assessment
There are no significant environmental impacts associated with this final rule.
G. Energy Impact
According to definitions set forth in Executive Order 13211, there will be no significant energy action as a result of the issuance of this final rule.
Start List of SubjectsList of Subjects in 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, and 244
- Railroad safety
- Penalties
The Final Rule
Start Amendment PartIn consideration of the foregoing, parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 240, 241, and 244, of subtitle B, chapter II of title 49 of the Code of Federal Regulations are amended as follows:
End Amendment Part Start PartPART 209—[AMENDED]
End Part Start Amendment Part1. The authority citation for part 209 is revised to read as follows:
End Amendment Part[Amended]2. Section 209.409 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 209—[Amended]
Start Amendment Part3. Appendix A to part 209 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” in the third paragraph below the heading “Penalty Schedules; Assessment of Maximum Penalties,” and replacing it with the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing both references to the numerical amount “$22,000” in the sixth Start Printed Page 30593paragraph below the heading “Penalty Schedules; Assessment of Maximum Penalties,” and replacing them with the numerical amount “$27,000”.
End Amendment Part Start PartPART 213—[AMENDED]
End Part Start Amendment Part4. The authority citation for part 213 is revised to read as follows:
End Amendment Part[Amended]5. Paragraph (a) of § 213.15 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500”; and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix B to Part 213—[Amended]
Start Amendment Part6. Footnote 1 to appendix B of part 213 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 214—[AMENDED]
End Part Start Amendment Part7. The authority citation for part 214 is revised to read as follows:
End Amendment Part[Amended]8. Section 214.5 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 214—Amended]
Start Amendment Part9. Footnote 1 to appendix A of part 214 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 215—[AMENDED]
End Part Start Amendment Part10. The authority citation for part 215 continues to read as follows:
End Amendment Part[Amended]11. Section 215.7 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix B to Part 215—[Amended]
Start Amendment Part12. Footnote 1 to appendix B of part 215 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 216—[AMENDED]
End Part Start Amendment Part13. The authority citation for part 216 continues to read as follows:
End Amendment Part[Amended]14. Section 216.7 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 217—[AMENDED]
End Part Start Amendment Part15. The authority citation for part 217 is revised to read as follows:
End Amendment Part[Amended]16. Section 217.5 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 217—[Amended]
Start Amendment Part17. Footnote 1 to appendix A of part 217 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 218—[AMENDED]
End Part Start Amendment Part18. The authority citation for part 218 is revised to read as follows:
End Amendment Part[Amended]19. Section 218.9 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 218—[Amended]
Start Amendment Part20. Footnote 1 to appendix A of part 218 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 219—[AMENDED]
End Part Start Amendment Part21. The authority citation for part 219 continues to read as follows:
End Amendment Part[Amended]22. Section 219.9(a) is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 219—[Amended]
Start Amendment Part23. Footnote 1 to appendix A of part 219 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 220—[AMENDED]
End Part Start Amendment Part24. The authority citation for part 220 continues to read as follows:
End Amendment Part[Amended]25. Section 220.7 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix C to Part 220—[Amended]
Start Amendment Part26. Footnote 1 to appendix C of part 220 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 221—[AMENDED]
End Part Start Amendment Part27. The authority citation for part 221 is revised to read as follows:
End Amendment Part[Amended]28. Section 221.7 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 221—[Amended]
Start Amendment Part29. Footnote 1 to appendix A of part 221 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start Part Start Printed Page 30594PART 222—[AMENDED]
End Part Start Amendment Part30. The authority citation for part 222 is revised to read as follows:
End Amendment Part[Amended]31. Section 222.11 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix G to Part 222—[Amended]
Start Amendment Part32. Footnote 1 to appendix G of part 222 is amended by: removing the numerical amount “20,000” and adding in its place the numerical amount “27,000”.
End Amendment Part Start PartPART 223—[AMENDED]
End Part Start Amendment Part33. The authority citation for part 223 is revised to read as follows:
End Amendment Part[Amended]34. Section 223.7 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix B to Part 223—[Amended]
Start Amendment Part35. Footnote 1 to appendix B of part 223 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 225—[AMENDED]
End Part Start Amendment Part36. The authority citation for part 225 continues to read as follows:
End Amendment Part[Amended]37. Section 225.29 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 225—[Amended]
Start Amendment Part38. Footnote 1 to appendix A of part 225 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 228—[AMENDED]
End Part Start Amendment Part39. The authority citation for part 228 is revised to read as follows:
End Amendment Part[Amended]40. Section 228.21 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix B to Part 228—[Amended]
Start Amendment Part41. In appendix A to part 228, the ninth paragraph below the heading “General Provisions,” which is entitled “Penalty” is amended by adding the following two sentences at the end of the paragraph:
End Amendment PartAppendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation
* * * * *Penalty. * * * According to the same law, in 2004, the minimum penalty of $500 was raised to $550, and the maximum penalty for a grossly negligent violation or a pattern of repeated violations that has caused an imminent hazard of death or injury to individuals or has caused death or injury, was increased from $22,000 to $27,000. The $11,000 maximum penalty was not adjusted.
* * * * *Start Amendment Part42. Footnote 1 to appendix B of part 228 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 229—[AMENDED]
End Part Start Amendment Part43. The authority citation for part 229 is revised to read as follows:
End Amendment Part[Amended]44. Paragraph (b) of § 229.7 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix B to Part 229—[Amended]
Start Amendment Part45. Footnote 1 to appendix B of part 229 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 230—[AMENDED]
End Part Start Amendment Part46. The authority citation for part 230 is revised to read as follows:
End Amendment Part[Amended]47. Paragraph (a) of § 230.4 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 231—[AMENDED]
End Part Start Amendment Part48. The authority citation for part 231 is revised to read as follows:
End Amendment Part[Amended]49. Paragraph (f) of § 231.0 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 231—[Amended]
Start Amendment Part50. Footnote 1 to appendix A of part 231 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 232—[AMENDED]
End Part Start Amendment Part51. The authority citation for part 232 is revised to read as follows:
End Amendment Part[Amended]52. Paragraph (a) of § 232.11 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 232—[Amended]
Start Amendment Part53. Footnote 1 to appendix A of part 232 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start Part Start Printed Page 30595PART 233—[AMENDED]
End Part Start Amendment Part54. The authority citation for Part 233 is revised to read as follows:
End Amendment Part[Amended]55. Section 233.11 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 223—[Amended]
Start Amendment Part56. Footnote 1 to appendix A of part 233 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 234—[AMENDED]
End Part Start Amendment Part57. The authority citation for part 234 is revised to read as follows:
End Amendment Part[Amended]58. Paragraph (a) of § 234.6 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 234—[Amended]
Start Amendment Part59. Footnote 1 to appendix A of part 234 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 235—[AMENDED]
End Part Start Amendment Part60. The authority citation for part 235 is revised to read as follows:
End Amendment Part[Amended]61. Section 235.9 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 235—[Amended]
Start Amendment Part62. Footnote 1 to appendix A of part 235 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$22,000”.
End Amendment Part Start PartPART 236—[AMENDED]
End Part Start Amendment Part63. The authority citation for part 236 is revised to read as follows:
End Amendment Part[Amended]64. Paragraph (f) of § 236.0 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 236—[Amended]
Start Amendment Part65. Footnote 1 to appendix A of part 236 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 238—[AMENDED]
End Part Start Amendment Part66. The authority citation for part 238 continues to read as follows:
End Amendment Part[Amended]67. Section 238.11(a) is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 238—[Amended]
Start Amendment Part68. Footnote 1 to appendix A to part 238 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 239—[AMENDED]
End Part Start Amendment Part69. The authority citation for part 239 is revised to read as follows:
End Amendment Part[Amended]70. Section 239.11 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 239—[Amended]
Start Amendment Part71. Footnote 1 to appendix A to part 239 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 240—[AMENDED]
End Part Start Amendment Part72. The authority citation for part 240 continues to read as follows:
End Amendment Part[Amended]73. Paragraph (a) of § 240.11 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 240—[Amended]
Start Amendment Part74. Footnote 1 to appendix A of part 240 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 241—[AMENDED]
End Part Start Amendment Part75. The authority citation for part 241 continues to read as follows:
End Amendment Part[Amended]76. Paragraph (a) of § 241.15 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment PartAppendix A to Part 241—[Amended]
Start Amendment Part77. Footnote 1 to appendix A of part 241 is amended by removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start PartPART 244—[AMENDED]
End Part Start Amendment Part78. The authority citation for part 244 is revised to read as follows:
End Amendment Part[Amended]79. Paragraph (a) of § 244.5 is amended by:
End Amendment Part Start Amendment Parta. Removing the numerical amount “$500” and adding in its place the numerical amount “$550”; and Start Printed Page 30596
End Amendment Part Start Amendment Partb. Removing the numerical amount “$22,000” and adding in its place the numerical amount “$27,000”.
End Amendment Part Start SignatureIssued in Washington, DC, on May 18, 2004.
Allan Rutter,
Administrator, Federal Railroad Administration.
[FR Doc. 04-11965 Filed 5-27-04; 8:45 am]
BILLING CODE 4910-06-P
Document Information
- Published:
- 05/28/2004
- Department:
- Federal Railroad Administration
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 04-11965
- Pages:
- 30591-30596 (6 pages)
- Docket Numbers:
- Docket No. FRA-2004-17529, Notice No. 1
- RINs:
- 2130-AB61: Civil Monetary Penalty Inflation Adjustment
- RIN Links:
- https://www.federalregister.gov/regulations/2130-AB61/civil-monetary-penalty-inflation-adjustment
- Topics:
- Penalties, Railroad safety
- PDF File:
- 04-11965.pdf
- CFR: (27)
- 49 CFR 209.409
- 49 CFR 213.15
- 49 CFR 214.5
- 49 CFR 215.7
- 49 CFR 216.7
- More ...