Adjustments to the Minimum and Maximum Civil Monetary Penalties for Violations of Federal Railroad Safety Laws or Federal Railroad Administration Safety Regulations, 79698-79705 [E8-30753]
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79698
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 73 as
follows:
■
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Nebraska, is amended by adding
DTV channel 4 and removing DTV
channel 34 at Superior.
■
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E8–31030 Filed 12–29–08; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 209, 213, 214, 215, 216,
217, 218, 219, 220, 221, 222, 223, 224,
225, 227, 228, 229, 230, 231, 232, 233,
234, 235, 236, 238, 239, 240, 241, and
244
[Docket No. FRA–2004–17529; Notice No.
6]
RIN 2130–AB94
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Adjustments to the Minimum and
Maximum Civil Monetary Penalties for
Violations of Federal Railroad Safety
Laws or Federal Railroad
Administration Safety Regulations
AGENCY: Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: To comply with the Federal
Civil Penalties Inflation Adjustment Act
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of 1990, FRA is adjusting the minimum
civil monetary penalty that it will apply
when it assesses a civil penalty for a
violation of a railroad safety statute or
regulation under its authority. FRA is
also adjusting its ordinary maximum
and aggravated maximum penalties to
incorporate the new maximum civil
penalty amounts authorized by the Rail
Safety Improvement Act of 2008. In
particular, FRA is increasing the
minimum civil penalty per violation
from $550 to $650, while the ordinary
maximum civil penalty per violation
will be increased from $16,000 to
$25,000 and the aggravated maximum
civil penalty per violation where a
grossly negligent violation or pattern of
repeated violations has created an
imminent hazard of death or injury
(‘‘grossly negligent violation’’) will be
increased from $27,000 to $100,000.
DATES: This final rule is effective March
2, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen N. Gordon, Trial Attorney,
Office of Chief Counsel, FRA, 1200 New
Jersey Avenue, SE., Mail Stop 10,
Washington, DC 20590 (telephone 202–
493–6001), stephen.n.gordon@dot.gov.
SUPPLEMENTARY 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. Public Law 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, Public Law 104–134, 110 Stat.
1321–373, April 26, 1996. Congress
recognized the important role that CMPs
play in deterring violations of Federal
laws 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.
In 2008, Congress determined that
additional measures were necessary to
deter violations of Federal laws and
regulations that contribute to railroad
fatalities, injuries, and hazardous
materials releases. See H.R. Rep. No.
110–336, at 1 (2008). As a result, it
passed the Rail Safety Improvement Act
of 2008, which was signed into law by
the President on October 16, 2008. See
Public Law 110–432, Division A, 122
Stat. 4848. The Rail Safety Improvement
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Act of 2008 authorizes, among other
initiatives, increased maximum penalty
amounts by revising the language in 49
U.S.C. 21301(a)(2), 21302(a)(2), and
21303(a)(2) to allow for civil penalty
assessments up to $25,000 per violation
with penalty assessments up to
$100,000 in instances where grossly
negligent violations occur. Id. at sec.
302.
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 29 regulations
that contain provisions referencing 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 $650, the ordinary
maximum CMP to $25,000, and the
aggravated maximum CMP to $100,000.
Where applicable, FRA is amending the
corresponding appendices to those
regulatory provisions, which outline
FRA enforcement policy. FRA also is
amending part 224 by removing the
footnote attached to § 224.111 and
adding the removed text, as amended, as
a footnote to part 224, appendix A.
Calculation of the Inflation 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 2007) 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 2004 for the minimum CMP
of $550). See 72 FR 51196 (Sept. 6,
2007); 69 FR 62818 (Oct. 28, 2004); 69
FR 30592 (May 28, 2004). The Inflation
Act also specifies that the 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
of more than $10,000 and less than or
equal to $100,000. The first CMP
adjustment may not exceed an increase
of ten percent. FRA utilizes Bureau of
Labor Statistics data to calculate
inflation adjusted CMP amounts.
With the exception of the penalties
relating to the hours of service laws (49
U.S.C. ch. 211), the ordinary maximum
CMP for a violation of the rail safety
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
laws and regulations was initially
established by the Rail Safety
Improvement Act of 1988, which set a
$10,000 limit for a CMP imposed for any
ordinary violation, and a $20,000 limit
for grossly negligent conduct that results
in an aggravated violation. In 1998, after
applying the adjustment calculation in
the Inflation Act, FRA determined that
the ordinary maximum CMP for any
single violation needed to be increased
to $11,000 and that the maximum CMP
for aggravated violations needed to be
increased to $22,000. FRA then
amended each of its regulations by final
rule to reflect the increased CMPs. See
63 FR 11618 (March 10, 1998).
The Rail Safety Enforcement and
Review Act (RSERA) in 1992 increased
the range of the minimum and
maximum civil penalties 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. Before
enactment of RSERA, the penalty was
‘‘up to $1,000 per violation.’’ RSERA
increased the minimum civil penalty for
an hours of service violation to $500,
the ordinary maximum civil penalty to
$10,000, and the aggravated maximum
civil penalty to $20,000. By applying the
same adjustment calculation using the
1992 CPI, the ordinary and aggravated
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.
In 1998, FRA applied the adjustment
calculation in the Inflation Act to the
minimum CMP and determined that it
would not need to be increased. In 2004,
FRA determined, by applying the
adjustment calculation using the June
2003 CPI, that the minimum CMP
should be increased from $500 to $550.
FRA also determined in 2004 under the
same rationale that the aggravated
maximum CMP should be increased
from $22,000 to $27,000. 69 FR 30592
(May 28, 2004). In 2007, FRA applied
the inflation adjustment calculation,
determined that the ordinary maximum
CMP needed to be increased, and
amended each of its regulations by final
rule to reflect an increase in the
ordinary maximum CMP to $16,000. 72
FR 51194 (Sept. 6, 2007).
Prior to the enactment of the Rail
Safety Improvement Act of 2008, FRA
was evaluating the need to make
inflation adjustments to its CMP
amounts under the requirements of the
Inflation Act. The Rail Safety
Improvement Act of 2008, however,
increased the authorized amounts for
ordinary maximum CMPs ($25,000) and
aggravated maximum CMPs ($100,000).
The regulations now are being amended
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to reflect this change in statutory
authority for ordinary maximum and
aggravated maximum CMPs, which
temporarily alleviates the need to
perform inflation adjustment
calculations for FRA’s ordinary
maximum and aggravated maximum
CMPs. While the new law increased the
authority for maximum penalties, it did
not address the minimum CMP amount.
Therefore, FRA must calculate whether
an inflation adjustment is necessary
with respect to the minimum CMP.
Applying the inflation adjustment
calculation, FRA has determined that
the minimum CMP should be increased
as the following calculations show.
Calculations To Determine Minimum
Civil Monetary Penalty Update for 2008
As required, this year, FRA
reevaluated the minimum CMP and
concluded that it should be increased to
$650, as the next calculations show. The
June 2007 CPI of 624.129 divided by the
CPI for June 2004 of 568.2 (since the last
update was in 2004) equals an inflation
factor of 1.09843; $550 times 1.09843
equals $604. The raw inflation
adjustment amount of $54 is rounded to
the nearest multiple of 100, which is
$100. The inflation adjusted minimum
penalty is $550 plus $100, or $650, see
appendix, and is applicable to all of the
rail safety statutes and regulations.
Because this is the second time that the
minimum CMP has been adjusted under
the Act, the ten-percent cap on the
increase does not apply. This new FRA
minimum penalty will apply to
violations that occur on or after March
2, 2009.
Public Participation
FRA is proceeding to a final rule
without providing a notice of proposed
rulemaking or an opportunity for public
comment. Public comment is
unnecessary because, in making these
technical amendments to give effect to
the new Rail Safety Improvement Act of
2008, FRA is not exercising discretion
in a way that could be informed by
public comment. As such, notice and
comment procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest’’ within the
meaning of the Administrative
Procedure Act, 5 U.S.C. 553(b)(3)(B).
Likewise, the adjustments required by
the Inflation 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 rail
safety civil penalty cases under its
authority to cite for violations that occur
on or after the effective date of this final
rule.
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79699
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. The cost of complying with
existing substantive regulations is not
being increased. The rules merely
contain a regulatory formulation of
FRA’s amended statutory authority
pursuant to the Rail Safety Improvement
Act of 2008 and simply reserve FRA’s
right to assess a penalty up to $25,000,
or $100,000 in appropriate
circumstances. Additionally, the
adjustment of the minimum CMP is a
limited ministerial act over 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 that 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. International Trade Impact
Assessment
The Trade Agreement Act of 1979
prohibits Federal agencies from
engaging in any standards or related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. The
statute also requires consideration of
international standards and where
appropriate, that they be the basis for
U.S. standards. This rulemaking is
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
purely domestic in nature and is not
expected to affect trade opportunities
for U.S. firms doing business overseas or
for foreign firms doing business in the
United States.
E. Paperwork Reduction Act
There are no new information
collection requirements in this final
rule.
safety, Reporting and recordkeeping
requirements.
49 CFR Part 219
Alcohol abuse, Drug abuse, Drug
testing, Penalties, Railroad safety,
Reporting and recordkeeping
requirements, Safety, Transportation.
49 CFR Part 220
Penalties, Radio, Railroad safety,
Reporting and recordkeeping
requirements.
F. Compliance With the Unfunded
Mandates Reform Act of 1995
The final rule issued today will not
result in the expenditure, in the
aggregate, of $141,000,000 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.
49 CFR Part 221
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
49 CFR Part 222
G. Environmental Assessment
There are no significant
environmental impacts associated with
this final rule.
H. 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.
Administrative practice and
procedure, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
49 CFR Part 223
Glass and glass products, Penalties,
Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 224
49 CFR Part 239
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
49 CFR Part 240
Administrative practice and
procedure, Penalties, Railroad
employees, Railroad safety, Reporting
and recordkeeping requirements.
49 CFR Part 244
Administrative practice and
procedure, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
Incorporation by reference,
Locomotive Noise Control,
Occupational Safety and Health,
Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 228
Penalties, Railroad employees,
Reporting and recordkeeping
requirements.
49 CFR Part 214
Bridges, Occupational safety and
health, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
49 CFR Part 230
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
49 CFR Part 216
Penalties, Railroad safety.
49 CFR Part 231
49 CFR Part 217
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
49 CFR Part 232
49 CFR Part 218
Occupational safety and health,
Penalties, Railroad employees, Railroad
49 CFR Part 233
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
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In consideration of the foregoing,
parts 209, 213, 214, 215, 216, 217, 218,
219, 220, 221, 222, 223, 224, 225, 227,
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:
■
Sfmt 4700
1. The authority citation for part 209
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 20111,
20112, 20114; 28 U.S.C. 2461, note; and 49
CFR 1.49.
§ 209.409
[Amended]
2. Section 209.409 is amended by:
a. Removing the numerical amount
‘‘$500’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
Penalties, Railroad safety.
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The Final Rule
PART 209—[AMENDED]
49 CFR Part 229
49 CFR Part 215
Freight, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
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49 CFR Part 238
Fire prevention, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
49 CFR Part 241
Communications, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
49 CFR Part 227
49 CFR Part 213
Bridges, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
Jkt 217001
49 CFR Part 236
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
Incorporation by reference, Penalties,
Railroad locomotive safety, Railroad
safety, and Reporting and recordkeeping
requirements.
Investigations, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
49 CFR Part 209
Administrative practice and
procedure, Hazardous materials
transportation, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
22:13 Dec 29, 2008
49 CFR Part 235
Administrative practice and
procedure, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
49 CFR Part 225
List of Subjects in 49 CFR Parts 209,
213, 214, 215, 216, 217, 218, 219, 220,
221, 222, 223, 224, 225, 227, 228, 229,
230, 231, 232, 233, 234, 235, 236, 238,
239, 240, 241, and 244
VerDate Aug<31>2005
49 CFR Part 234
Highway safety, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
Appendix A to Part 209—[Amended]
■ 3. Appendix A to part 209 is amended
by:
■ a. Removing the numerical amount
‘‘$550’’ in the third paragraph below the
heading ‘‘PENALTY SCHEDULES;
ASSESSMENT OF MAXIMUM
PENALTIES,’’ and replacing it with the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ in the third paragraph below
the heading ‘‘PENALTY SCHEDULES;
ASSESSMENT OF MAXIMUM
PENALTIES,’’ and replacing it with the
numerical amount ‘‘$25,000’’;
■ c. Removing the reference to the
numerical amount ‘‘$11,000’’ in the
sixth paragraph below the heading
‘‘PENALTY SCHEDULES;
ASSESSMENT OF MAXIMUM
PENALTIES,’’ and replacing it with the
numerical amount ‘‘$25,000’’; and
■ d. Removing both references to the
numerical amount ‘‘$27,000’’ in the
sixth paragraph below the heading
‘‘PENALTY SCHEDULES;
ASSESSMENT OF MAXIMUM
PENALTIES,’’ and replacing them with
the numerical amount ‘‘$100,000’’.
Appendix B to Part 209—[Amended]
■ 4. Footnote 1 to appendix B to part
209 is amended by:
■ a. Removing the numerical amount
‘‘$500’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$11,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
PART 213—[AMENDED]
5. The authority citation for part 213
continues to read as follows:
■
Authority: 49 U.S.C. 20102–20114 and
20142; 28 U.S.C. 2461, note; and 49 CFR
1.49(m).
§ 213.15
[Amended]
6. Paragraph (a) of § 213.15 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
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■
Appendix B to Part 213—[Amended]
■ 7. Footnote 1 to appendix B of part
213 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
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22:13 Dec 29, 2008
Jkt 217001
8. The authority citation for part 214
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
[Amended]
9. Section 214.5 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
Appendix A to Part 214—[Amended]
10. Footnote 1 to appendix A of part
214 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 215—[AMENDED]
11. The authority citation for part 215
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
§ 215.7
[Amended]
12. Section 215.7 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
Appendix B to Part 215—[Amended]
13. Footnote 1 to appendix B of part
215 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 216—[AMENDED]
14. The authority citation for part 216
continues to read as follows:
■
Authority: 49 U.S.C. 20102–20104, 20107,
20111, 20133, 20701–20702, 21301–21302,
21304; 28 U.S.C. 2461, note; and 49 CFR
1.49.
§ 216.7
[Amended]
15. Section 216.7 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■
■
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Fmt 4700
Sfmt 4700
c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
PART 214—[AMENDED]
§ 214.5
79701
PART 217—[AMENDED]
16. The authority citation for part 217
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
§ 217.5
[Amended]
17. Section 217.5 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
Appendix A to Part 217—[Amended]
18. Footnote 1 to appendix A of part
217 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 218—[AMENDED]
19. The authority citation for part 218
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
§ 218.9
[Amended]
20. Section 218.9 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
Appendix A to Part 218—[Amended]
21. Footnote 1 of appendix A to part
218 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 219—[AMENDED]
22. The authority citation for part 219
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 20140,
21301, 21304, 21311; 28 U.S.C. 2461, note;
and 49 CFR 1.49(m).
§ 219.9
[Amended]
23. Paragraph (a) of § 219.9 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■
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Authority: 49 U.S.C. 20103, 20107, 20153,
21301, 21304; 28 U.S.C. 2461, note; and 49
CFR 1.49.
b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
§ 222.11
[Amended]
PART 220—[AMENDED]
32. Section 222.11 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
25. The authority citation for part 220
continues to read as follows:
■
■
■
Appendix A to Part 219—[Amended]
■ 24. Footnote 1 to appendix A of part
219 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
Authority: 49 U.S.C. 20102–20103, 20107,
21301–21302, 21304, 21311; 28 U.S.C. 2461,
note; and 49 CFR 1.49.
§ 220.7
[Amended]
26. Section 220.7 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
34. The authority citation for part 223
continues to read as follows:
■
Authority: 49 U.S.C. 20102–20103, 20133,
20701–20702, 21301–21302, 21304; 28 U.S.C.
2461, note; and 49 CFR 1.49.
§ 223.7
PART 221—[AMENDED]
28. The authority citation for part 221
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
[Amended]
29. Section 221.7 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
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41. The authority citation for part 225
is revised to read as follows:
■
Authority: 49 U.S.C. 103, 322(a), 20103,
20107, 20901–20902, 21301, 21302, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.49.
§ 225.29
[Amended]
42. Section 225.29 is amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
Appendix A to Part 225—[Amended]
PART 227—[AMENDED]
Authority: 49 U.S.C. 20103, 20107, 20148
and 21301; 28 U.S.C. 2461, note; and 49 CFR
1.49.
§ 224.11
[Amended]
38. Paragraph (a) of § 224.11 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
31. The authority citation for part 222
continues to read as follows:
PART 225—[AMENDED]
36. Footnote 1 to appendix B of part
223 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
37. The authority citation for part 224
is revised to read as follows:
PART 222—[AMENDED]
40. Appendix A of part 224 is
amended by adding footnote 1, to read
as follows:
*
*
*
*
*
1 A penalty may be assessed against
an individual only for a willful
violation. The Administrator reserves
the right to assess a penalty of up to
$100,000 for any violation where
circumstances warrant. See 49 CFR part
209, appendix A.
*
*
*
*
*
Appendix B to Part 223—[Amended]
■
Appendix C to Part 221—[Amended]
30. Footnote 1 to appendix C of part
221 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
Appendix A to Part 224—[Amended]
■
43. Footnote 1 to appendix A of part
225 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
PART 224—[AMENDED]
■
VerDate Aug<31>2005
[Amended]
35. Section 223.7 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
Appendix C to Part 220—[Amended]
27. Footnote 1 to appendix C of part
220 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
33. Footnote 1 to appendix G of part
222 is amended by: Removing the
numerical amount ‘‘27,000’’ and adding
in its place the numerical amount
‘‘100,000’’.
PART 223—[AMENDED]
■
§ 221.7
Appendix G to Part 222—[Amended]
39. Section 224.111 is amended by
removing footnote 1.
■
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■
44. The authority citation for part 227
is revised to read as follows:
■
Authority: 49 U.S.C. 20103, 20103, note,
20701–20702; 28 U.S.C. 2461, note; and 49
CFR 1.49.
§ 227.9
[Amended]
45. Paragraph (a) of § 227.9 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$11,000’’ and adding in its place the
numerical amount ‘‘$25,000’’;
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’; and
■ d. Removing the phrase ‘‘appendix H’’
and adding in its place the phrase
‘‘appendix G’’.
■
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Appendix G to Part 227—[Amended]
Appendix B to Part 228—[Amended]
46. Appendix G of part 227 is
amended by adding the following
paragraph as Footnote 1:
*
*
*
*
*
1 A penalty may be assessed against
an individual only for a willful
violation. The Administrator reserves
the right to assess a penalty of up to
$100,000 for any violation where
circumstances warrant. See 49 CFR part
209, appendix A.
*
*
*
*
*
■
■
PART 228—[AMENDED]
47. The authority citation for part 228
is revised to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 21101–
21108; 28 U.S.C. 2461, note; and 49 CFR
1.49.
§ 228.21
[Amended]
48. Section 228.21 is amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
49. In appendix A to part 228, the
ninth paragraph below the heading
‘‘GENERAL PROVISIONS’’, entitled
‘‘Penalty’’, is amended by removing its
last sentence and adding the following
sentences in its place:
■
Appendix A to Part 228—Requirements
of the Hours of Service Act: Statement
of Agency Policy and Interpretation
pwalker on PROD1PC71 with RULES
*
*
*
*
Penalty. * * * Effective October 9,
2007, the ordinary maximum penalty of
$11,000 was raised to $16,000 as
required under law. Effective March 2,
2009, the minimum penalty, ordinary
maximum penalty and aggravated
maximum penalty were raised again.
The minimum penalty was increased
from $550 to $650 pursuant to the law’s
requirement. Meanwhile, the ordinary
maximum penalty was increased from
$16,000 to $25,000 and the aggravated
maximum was increased from $27,000
to $100,000 in accordance with the
authority provided under the Rail Safety
Improvement Act of 2008.
*
*
*
*
*
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Jkt 217001
PART 229—[AMENDED]
52. The authority citation for part 229
continues to read as follows:
■
Authority: 49 U.S.C. 20102–20103, 20107,
20133, 20137–20138, 20143, 20701–20703,
21301–21302, 21304; 28 U.S.C. 2461, note;
and 49 CFR 1.49(c), (m).
§ 229.7
[Amended]
53. Paragraph (b) of § 229.7 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
Appendix B to Part 229—[Amended]
Appendix A to Part 228—[Amended]—
Requirements of the Hours of Service
Act: Statement of Agency Policy and
Interpretation
*
50. Appendix B is amended by
removing each of the three references to
the numerical amount ‘‘$500’’ and
replacing them with the numerical
amount ‘‘$650’’.
■ 51. Footnote 1 to appendix B of part
228 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
54. Appendix B is amended by
removing the numerical amount ‘‘$500’’
from the entry at 229.105 and adding in
its place the numerical amount ‘‘$650’’.
■ 55. Footnote 1 to appendix B of part
229 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 230—[AMENDED]
56. The authority citation for part 230
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 20702;
28 U.S.C. 2461, note; and 49 CFR 1.49.
§ 230.4
[Amended]
57. Paragraph (a) of § 230.4 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
58. The authority citation for part 231
continues to read as follows:
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Authority: 49 U.S.C. 20102–20103, 20107,
20131, 20301–20303, 21301–21302, 21304;
28 U.S.C. 2461, note; and 49 CFR 1.49.
§ 231.0
[Amended]
59. Paragraph (f) of § 231.0 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
Appendix A to Part 231—[Amended]
60. Appendix A is amended by
removing the numerical amount ‘‘$500’’
from the entry at 146.A and adding in
its place the numerical amount ‘‘$650’’.
■ 61. Footnote 1 to appendix A of part
231 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 232—[AMENDED]
62. The authority citation for part 232
continues to read as follows:
■
Authority: 49 U.S.C. 20102–20103, 20107,
20133, 20141, 20301–20303, 20306, 21301–
21302, 21304; 28 U.S.C. 2461, note; and 49
CFR 1.49.
§ 232.11
[Amended]
63. Paragraph (a) of § 232.11 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
Appendix A to Part 232—[Amended]
64. Footnote 1 to appendix A of part
232 is amended by:
■ a. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ b. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
PART 233—[AMENDED]
65. The authority citation for part 233
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
PART 231—[AMENDED]
■
79703
§ 233.11
■
[Amended]
66. Section 233.11 is amended by:
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a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note and 49 CFR 1.49.
Appendix A to Part 239—[Amended]
■
PART 236—[AMENDED]
74. The authority citation for part 236
continues to read as follows:
■
[Amended]
75. Paragraph (f) of § 236.0 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
Appendix A to Part 233—[Amended]
67. Footnote 1 to appendix A of part
233 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 234—[AMENDED]
68. The authority citation for part 234
continues to read as follows:
■
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
§ 234.6
b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
§ 236.0
■
Appendix A to Part 236—[Amended]
■ 76. Footnote 1 to appendix A of part
236 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
71. The authority citation for part 235
continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
■
70. Footnote 1 to appendix A of part
234 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
PART 235—[AMENDED]
72. Section 235.9 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
pwalker on PROD1PC71 with RULES
Appendix A to Part 235—[Amended]
73. Footnote 1 to appendix A of part
235 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
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§ 240.11
[Amended]
Appendix A to Part 240—[Amended]
[Amended]
■
■
■
■
Authority: 49 U.S.C. 20103, 20107, 20135,
21301, 21304, 21311; 28 U.S.C. 2461, note;
and 49 CFR 1.49.
§ 238.11
77. The authority citation for part 238
continues to read as follows:
■
78. Paragraph (a) of § 238.11 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
[Amended]
83. The authority citation for part 240
continues to read as follows:
■
84. Paragraph (a) of § 240.11 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
PART 238—[AMENDED]
Appendix A to Part 234—[Amended]
§ 235.9
PART 240—[AMENDED]
Authority: 49 U.S.C. 20103, 20107, 20133,
20141, 20302–20303, 20306, 20701–20702,
21301–21302, 21304; 28 U.S.C. 2461, note; 49
CFR 1.49.
[Amended]
69. Paragraph (a) of § 234.6 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
■
82. Footnote 1 to appendix A to part
239 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
Appendix A to Part 238—[Amended]
79. Footnote 1 to appendix A to part
238 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
PART 239—[AMENDED]
80. The authority citation for part 239
continues to read as follows:
■
Authority: 49 U.S.C. 20102–20103, 20105–
20114, 20133, 21301, 21304, and 21311; 28
U.S.C. 2461, note; and 49 CFR 1.49(c), (g),
(m).
§ 239.11
[Amended]
81. Section 239.11 is amended by:
a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■
■
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■
85. Appendix A is amended by
removing each of the three references to
the numerical amount ‘‘$500’’ and
adding in each of their places the
numerical amount ‘‘$650’’.
■ 86. Footnote 1 to appendix A of part
240 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 241—[AMENDED]
87. 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
1.49.
§ 241.15
[Amended]
88. Paragraph (a) of § 241.15 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
Appendix B to Part 241—[Amended]
89. Footnote 1 to appendix B of part
241 is amended by removing the
numerical amount ‘‘$27,000’’ and
adding in its place the numerical
amount ‘‘$100,000’’.
■
PART 244—[AMENDED]
90. 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 1.49.
§ 244.5
[Amended]
91. Paragraph (a) of § 244.5 is
amended by:
■ a. Removing the numerical amount
‘‘$550’’ and adding in its place the
numerical amount ‘‘$650’’;
■ b. Removing the numerical amount
‘‘$16,000’’ and adding in its place the
numerical amount ‘‘$25,000’’; and
■ c. Removing the numerical amount
‘‘$27,000’’ and adding in its place the
numerical amount ‘‘$100,000’’.
■
Issued in Washington, DC on December 18,
2008.
Clifford C. Eby,
Acting Administrator, Federal Railroad
Administration.
COLA= CPI for June 2007 = 624.129 =
1.09843, CPI for June 2004 568.2.
Step 3: Find the Raw Inflation Adjustment
or Inflation Adjustment Before Rounding.
Raw Inflation Adjustment = CMP × COLA =
$550 × 1.09843 = $604.14 ≈ $604.
Step 4: Round the Raw Inflation
Adjustment Amount. Recall that the increase
in the CMP is rounded, according to the
rounding rules.
Increase = Raw Inflation Adjustment ¥
Original CMP = $604 ¥ $550 = $54.
Use the following rounding rule: ‘‘If the
current unadjusted penalty is greater than
$100 and less than or equal to $1,000, round
the increase to the nearest multiple of $100.’’
(Federal Civil Penalties Inflation Adjustment
Act of 1990, p. 4).
Multiples of $100 are $0, $100, $200.* * *
The nearest multiple of $100 is therefore
$100. Rounded, the $54 increase = $100.
Step 5: Find the Inflation Adjusted Penalty
After Rounding.
CMP after rounding = Original CMP +
Rounded Increase = $550 + $100 = $650.
Step 6: Apply a 10% Ceiling if Necessary.
As the minimum CMP has been adjusted
previously according to the Inflation Act, the
10% cap for first-time adjustments does not
apply.
Step 7: Determine New Penalty.
The new minimum CMP = $650.
For 2008, the minimum CMP rises by $100.
[FR Doc. E8–30753 Filed 12–29–08; 8:45 am]
BILLING CODE 4910–06–P
Note: This appendix will not appear in the
Code of Federal Regulations.
DEPARTMENT OF COMMERCE
Appendix: ‘‘Step-by-Step Calculations
To Determine Civil Monetary Penalty
Update: 2008’’
National Oceanic and Atmospheric
Administration
pwalker on PROD1PC71 with RULES
Step-by-Step Calculations To Determine
Civil Monetary Penalty Update: 2008
These calculations follow U.S. Department
of Transportation and Government
Accountability Office (GAO), formerly the
General Accounting Office, guidance to
determine if the minimum civil monetary
penalty (CMP) should be updated according
to the Inflation Act. (Sources for guidance: (1)
GAO attachment to memorandum with
subject ‘‘Annual Review of Department of
Transportation’s (DOT) Civil Penalties
Inflation Adjustment,’’ dated July 10, 2003;
(2) policy paper entitled ‘‘Federal Civil
Penalties Inflation Adjustment Act of 1990’’).
Overall, the minimum rises from $550 to
$650 for 2008, under the Inflation Act.
Minimum CMP
The current minimum CMP is $550, last
updated on May 28, 2004. See 69 FR 30592.
Step 1: Find the Consumer Price Index
(CPI). (Bureau of Labor Statistics (BLS), 1967
Base, U.S. City Average).
The CPI for June of the preceding year, i.e.,
CPI for June 2007 = 624.129.
The CPI for June of the year the CMP was
last set or adjusted under the Inflation Act,
i.e., CPI for June 2004 = 568.2.
Step 2: Calculate the Cost of Living
Adjustment (COLA), or the Inflation Factor.
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
50 CFR Part 600
[Docket No. 071001548–81392–02]
RIN 0648–AW10
Marine Recreational Fisheries of the
United States; National Saltwater
Angler Registry Program
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
adopt regulations to implement the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA).The regulations establish a
national registry of recreational anglers
fishing in the Exclusive Economic Zone
(EEZ), for anadromous species in tidal
waters or for Continental Shelf fishery
resources beyond the EEZ. Persons will
not be required to register with NMFS
if they are licensed by a state that
provides data determined to be
sufficient for the agency’s needs. The
requirement is intended to improve
PO 00000
Frm 00115
Fmt 4700
Sfmt 4700
79705
existing angling effort surveys in order
to improve their efficiency, to reduce
possible sources of bias and to improve
confidence in survey results by anglers
and fishery managers.
DATES: This final rule is effective
January 29, 2009, except for the
amendments to § 600.1405 which are
effective January 1, 2010.
ADDRESSES: Copies of the Regulatory
Impact Review/Regulatory Flexibility
Act Analysis are available from: Gordon
Colvin, Office of Science and
Technology, National Marine Fisheries
Service, 1315 East West Highway, Silver
Spring, MD 20910. Background
information and documents are
available at the NMFS Office of Science
and Technology website at https://
www.st.nmfs.noaa.gov/mrip/
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to NMFS Office of
Science and Technology and by e-mail
to DavidlRostker@omb.eop.gov, or fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Gordon Colvin, phone: 301–713–2367;
fax: 301–713–1875; or e-mail:
gordon.colvin@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Web site at https://
www.access.gpo.gov/suldocs/.
Background
In 2004, NMFS contracted with the
National Research Council (NRC) of the
National Academy of Sciences to review
the current marine recreational fishery
survey methods used by NMFS and its
partners to monitor fishing effort and
catch. NMFS asked the NRC to: (1)
assess current survey methods for their
suitability in monitoring fishing effort
and catch in the shoreline, private boat,
and for-hire boat recreational fisheries;
(2) assess the adequacy of the methods
for providing the quality of information
needed to support accurate stock
assessments and responsible fisheries
management decisions; and (3) make
recommendations for possible
methodological improvements that
would ensure more accurate and precise
estimates of recreational effort and
catch.
The NRC’s Ocean Studies Board
formed a 10–member committee to
conduct the requested review, held a
series of five public meetings in 2005 to
gather information about the current
survey programs in each region, and
E:\FR\FM\30DER1.SGM
30DER1
]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79698-79705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30753]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,
223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236,
238, 239, 240, 241, and 244
[Docket No. FRA-2004-17529; Notice No. 6]
RIN 2130-AB94
Adjustments to the Minimum and Maximum Civil Monetary Penalties
for Violations of Federal Railroad Safety Laws or Federal Railroad
Administration Safety Regulations
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 civil monetary
penalty that it will apply when it assesses a civil penalty for a
violation of a railroad safety statute or regulation under its
authority. FRA is also adjusting its ordinary maximum and aggravated
maximum penalties to incorporate the new maximum civil penalty amounts
authorized by the Rail Safety Improvement Act of 2008. In particular,
FRA is increasing the minimum civil penalty per violation from $550 to
$650, while the ordinary maximum civil penalty per violation will be
increased from $16,000 to $25,000 and the aggravated maximum civil
penalty per violation where a grossly negligent violation or pattern of
repeated violations has created an imminent hazard of death or injury
(``grossly negligent violation'') will be increased from $27,000 to
$100,000.
DATES: This final rule is effective March 2, 2009.
FOR FURTHER INFORMATION CONTACT: Stephen N. Gordon, Trial Attorney,
Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., Mail Stop
10, Washington, DC 20590 (telephone 202-493-6001),
stephen.n.gordon@dot.gov.
SUPPLEMENTARY 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. Public Law 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, Public Law 104-134, 110 Stat. 1321-
373, April 26, 1996. Congress recognized the important role that CMPs
play in deterring violations of Federal laws 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.
In 2008, Congress determined that additional measures were
necessary to deter violations of Federal laws and regulations that
contribute to railroad fatalities, injuries, and hazardous materials
releases. See H.R. Rep. No. 110-336, at 1 (2008). As a result, it
passed the Rail Safety Improvement Act of 2008, which was signed into
law by the President on October 16, 2008. See Public Law 110-432,
Division A, 122 Stat. 4848. The Rail Safety Improvement Act of 2008
authorizes, among other initiatives, increased maximum penalty amounts
by revising the language in 49 U.S.C. 21301(a)(2), 21302(a)(2), and
21303(a)(2) to allow for civil penalty assessments up to $25,000 per
violation with penalty assessments up to $100,000 in instances where
grossly negligent violations occur. Id. at sec. 302.
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 29
regulations that contain provisions referencing 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 $650, the ordinary maximum CMP to $25,000, and
the aggravated maximum CMP to $100,000. Where applicable, FRA is
amending the corresponding appendices to those regulatory provisions,
which outline FRA enforcement policy. FRA also is amending part 224 by
removing the footnote attached to Sec. 224.111 and adding the removed
text, as amended, as a footnote to part 224, appendix A.
Calculation of the Inflation 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 2007) 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 2004 for the minimum CMP of $550). See 72 FR 51196 (Sept.
6, 2007); 69 FR 62818 (Oct. 28, 2004); 69 FR 30592 (May 28, 2004). The
Inflation Act also specifies that the 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 of more than
$10,000 and less than or equal to $100,000. The first CMP adjustment
may not exceed an increase of ten percent. FRA utilizes Bureau of Labor
Statistics data to calculate inflation adjusted CMP amounts.
With the exception of the penalties relating to the hours of
service laws (49 U.S.C. ch. 211), the ordinary maximum CMP for a
violation of the rail safety
[[Page 79699]]
laws and regulations was initially established by the Rail Safety
Improvement Act of 1988, which set a $10,000 limit for a CMP imposed
for any ordinary violation, and a $20,000 limit for grossly negligent
conduct that results in an aggravated violation. In 1998, after
applying the adjustment calculation in the Inflation Act, FRA
determined that the ordinary maximum CMP for any single violation
needed to be increased to $11,000 and that the maximum CMP for
aggravated violations needed to be increased to $22,000. FRA then
amended each of its regulations by final rule to reflect the increased
CMPs. See 63 FR 11618 (March 10, 1998).
The Rail Safety Enforcement and Review Act (RSERA) in 1992
increased the range of the minimum and maximum civil penalties 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. Before enactment of RSERA, the penalty was ``up to $1,000
per violation.'' RSERA increased the minimum civil penalty for an hours
of service violation to $500, the ordinary maximum civil penalty to
$10,000, and the aggravated maximum civil penalty to $20,000. By
applying the same adjustment calculation using the 1992 CPI, the
ordinary and aggravated 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.
In 1998, FRA applied the adjustment calculation in the Inflation
Act to the minimum CMP and determined that it would not need to be
increased. In 2004, FRA determined, by applying the adjustment
calculation using the June 2003 CPI, that the minimum CMP should be
increased from $500 to $550. FRA also determined in 2004 under the same
rationale that the aggravated maximum CMP should be increased from
$22,000 to $27,000. 69 FR 30592 (May 28, 2004). In 2007, FRA applied
the inflation adjustment calculation, determined that the ordinary
maximum CMP needed to be increased, and amended each of its regulations
by final rule to reflect an increase in the ordinary maximum CMP to
$16,000. 72 FR 51194 (Sept. 6, 2007).
Prior to the enactment of the Rail Safety Improvement Act of 2008,
FRA was evaluating the need to make inflation adjustments to its CMP
amounts under the requirements of the Inflation Act. The Rail Safety
Improvement Act of 2008, however, increased the authorized amounts for
ordinary maximum CMPs ($25,000) and aggravated maximum CMPs ($100,000).
The regulations now are being amended to reflect this change in
statutory authority for ordinary maximum and aggravated maximum CMPs,
which temporarily alleviates the need to perform inflation adjustment
calculations for FRA's ordinary maximum and aggravated maximum CMPs.
While the new law increased the authority for maximum penalties, it did
not address the minimum CMP amount. Therefore, FRA must calculate
whether an inflation adjustment is necessary with respect to the
minimum CMP. Applying the inflation adjustment calculation, FRA has
determined that the minimum CMP should be increased as the following
calculations show.
Calculations To Determine Minimum Civil Monetary Penalty Update for
2008
As required, this year, FRA reevaluated the minimum CMP and
concluded that it should be increased to $650, as the next calculations
show. The June 2007 CPI of 624.129 divided by the CPI for June 2004 of
568.2 (since the last update was in 2004) equals an inflation factor of
1.09843; $550 times 1.09843 equals $604. The raw inflation adjustment
amount of $54 is rounded to the nearest multiple of 100, which is $100.
The inflation adjusted minimum penalty is $550 plus $100, or $650, see
appendix, and is applicable to all of the rail safety statutes and
regulations. Because this is the second time that the minimum CMP has
been adjusted under the Act, the ten-percent cap on the increase does
not apply. This new FRA minimum penalty will apply to violations that
occur on or after March 2, 2009.
Public Participation
FRA is proceeding to a final rule without providing a notice of
proposed rulemaking or an opportunity for public comment. Public
comment is unnecessary because, in making these technical amendments to
give effect to the new Rail Safety Improvement Act of 2008, FRA is not
exercising discretion in a way that could be informed by public
comment. As such, notice and comment procedures are ``impracticable,
unnecessary, or contrary to the public interest'' within the meaning of
the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B). Likewise, the
adjustments required by the Inflation 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 rail
safety civil penalty cases under its authority to cite for violations
that occur on or after the effective date of this final rule.
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. The cost of complying with
existing substantive regulations is not being increased. The rules
merely contain a regulatory formulation of FRA's amended statutory
authority pursuant to the Rail Safety Improvement Act of 2008 and
simply reserve FRA's right to assess a penalty up to $25,000, or
$100,000 in appropriate circumstances. Additionally, the adjustment of
the minimum CMP is a limited ministerial act over 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 that 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. International Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. This rulemaking is
[[Page 79700]]
purely domestic in nature and is not expected to affect trade
opportunities for U.S. firms doing business overseas or for foreign
firms doing business in the United States.
E. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
F. Compliance With the Unfunded Mandates Reform Act of 1995
The final rule issued today will not result in the expenditure, in
the aggregate, of $141,000,000 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.
G. Environmental Assessment
There are no significant environmental impacts associated with this
final rule.
H. 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.
List of Subjects in 49 CFR Parts 209, 213, 214, 215, 216, 217, 218,
219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232,
233, 234, 235, 236, 238, 239, 240, 241, and 244
49 CFR Part 209
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 213
Bridges, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 214
Bridges, Occupational safety and health, Penalties, Railroad
safety, Reporting and recordkeeping requirements.
49 CFR Part 215
Freight, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 216
Penalties, Railroad safety.
49 CFR Part 217
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 218
Occupational safety and health, Penalties, Railroad employees,
Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 219
Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad
safety, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 220
Penalties, Radio, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 221
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 222
Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
49 CFR Part 223
Glass and glass products, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 224
Incorporation by reference, Penalties, Railroad locomotive safety,
Railroad safety, and Reporting and recordkeeping requirements.
49 CFR Part 225
Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 227
Incorporation by reference, Locomotive Noise Control, Occupational
Safety and Health, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 228
Penalties, Railroad employees, Reporting and recordkeeping
requirements.
49 CFR Part 229
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 230
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 231
Penalties, Railroad safety.
49 CFR Part 232
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 233
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 234
Highway safety, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 235
Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
49 CFR Part 236
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 238
Fire prevention, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 239
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 240
Administrative practice and procedure, Penalties, Railroad
employees, Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 241
Communications, Penalties, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 244
Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements.
The Final Rule
0
In consideration of the foregoing, parts 209, 213, 214, 215, 216, 217,
218, 219, 220, 221, 222, 223, 224, 225, 227, 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:
PART 209--[AMENDED]
0
1. The authority citation for part 209 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 20114; 28
U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 209.409 [Amended]
0
2. Section 209.409 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
[[Page 79701]]
Appendix A to Part 209--[Amended]
0
3. Appendix A to part 209 is amended by:
0
a. Removing the numerical amount ``$550'' in the third paragraph below
the heading ``PENALTY SCHEDULES; ASSESSMENT OF MAXIMUM PENALTIES,'' and
replacing it with the numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' in the third paragraph
below the heading ``PENALTY SCHEDULES; ASSESSMENT OF MAXIMUM
PENALTIES,'' and replacing it with the numerical amount ``$25,000'';
0
c. Removing the reference to the numerical amount ``$11,000'' in the
sixth paragraph below the heading ``PENALTY SCHEDULES; ASSESSMENT OF
MAXIMUM PENALTIES,'' and replacing it with the numerical amount
``$25,000''; and
0
d. Removing both references to the numerical amount ``$27,000'' in the
sixth paragraph below the heading ``PENALTY SCHEDULES; ASSESSMENT OF
MAXIMUM PENALTIES,'' and replacing them with the numerical amount
``$100,000''.
Appendix B to Part 209--[Amended]
0
4. Footnote 1 to appendix B to part 209 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$11,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
PART 213--[AMENDED]
0
5. The authority citation for part 213 continues to read as follows:
Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461,
note; and 49 CFR 1.49(m).
Sec. 213.15 [Amended]
0
6. Paragraph (a) of Sec. 213.15 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix B to Part 213--[Amended]
0
7. Footnote 1 to appendix B of part 213 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 214--[AMENDED]
0
8. The authority citation for part 214 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 214.5 [Amended]
0
9. Section 214.5 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 214--[Amended]
0
10. Footnote 1 to appendix A of part 214 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 215--[AMENDED]
0
11. The authority citation for part 215 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 215.7 [Amended]
0
12. Section 215.7 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix B to Part 215--[Amended]
0
13. Footnote 1 to appendix B of part 215 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 216--[AMENDED]
0
14. The authority citation for part 216 continues to read as follows:
Authority: 49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-
20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 216.7 [Amended]
0
15. Section 216.7 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
PART 217--[AMENDED]
0
16. The authority citation for part 217 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 217.5 [Amended]
0
17. Section 217.5 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 217--[Amended]
0
18. Footnote 1 to appendix A of part 217 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 218--[AMENDED]
0
19. The authority citation for part 218 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 218.9 [Amended]
0
20. Section 218.9 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 218--[Amended]
0
21. Footnote 1 of appendix A to part 218 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 219--[AMENDED]
0
22. The authority citation for part 219 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.49(m).
Sec. 219.9 [Amended]
0
23. Paragraph (a) of Sec. 219.9 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
[[Page 79702]]
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 219--[Amended]
0
24. Footnote 1 to appendix A of part 219 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 220--[AMENDED]
0
25. The authority citation for part 220 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 21304,
21311; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 220.7 [Amended]
0
26. Section 220.7 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix C to Part 220--[Amended]
0
27. Footnote 1 to appendix C of part 220 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 221--[AMENDED]
0
28. The authority citation for part 221 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 221.7 [Amended]
0
29. Section 221.7 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix C to Part 221--[Amended]
0
30. Footnote 1 to appendix C of part 221 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 222--[AMENDED]
0
31. The authority citation for part 222 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28
U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 222.11 [Amended]
0
32. Section 222.11 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix G to Part 222--[Amended]
0
33. Footnote 1 to appendix G of part 222 is amended by: Removing the
numerical amount ``27,000'' and adding in its place the numerical
amount ``100,000''.
PART 223--[AMENDED]
0
34. The authority citation for part 223 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-
21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 223.7 [Amended]
0
35. Section 223.7 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix B to Part 223--[Amended]
0
36. Footnote 1 to appendix B of part 223 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 224--[AMENDED]
0
37. The authority citation for part 224 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C.
2461, note; and 49 CFR 1.49.
Sec. 224.11 [Amended]
0
38. Paragraph (a) of Sec. 224.11 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
0
39. Section 224.111 is amended by removing footnote 1.
Appendix A to Part 224--[Amended]
0
40. Appendix A of part 224 is amended by adding footnote 1, to read as
follows:
* * * * *
\1\ A penalty may be assessed against an individual only for a
willful violation. The Administrator reserves the right to assess a
penalty of up to $100,000 for any violation where circumstances
warrant. See 49 CFR part 209, appendix A.
* * * * *
PART 225--[AMENDED]
0
41. The authority citation for part 225 is revised to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902,
21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 225.29 [Amended]
0
42. Section 225.29 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 225--[Amended]
0
43. Footnote 1 to appendix A of part 225 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 227--[AMENDED]
0
44. The authority citation for part 227 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20103, note, 20701-20702; 28 U.S.C.
2461, note; and 49 CFR 1.49.
Sec. 227.9 [Amended]
0
45. Paragraph (a) of Sec. 227.9 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$11,000'' and adding in its place
the numerical amount ``$25,000'';
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''; and
0
d. Removing the phrase ``appendix H'' and adding in its place the
phrase ``appendix G''.
[[Page 79703]]
Appendix G to Part 227--[Amended]
0
46. Appendix G of part 227 is amended by adding the following paragraph
as Footnote 1:
* * * * *
\1\ A penalty may be assessed against an individual only for a
willful violation. The Administrator reserves the right to assess a
penalty of up to $100,000 for any violation where circumstances
warrant. See 49 CFR part 209, appendix A.
* * * * *
PART 228--[AMENDED]
0
47. The authority citation for part 228 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21101-21108; 28 U.S.C. 2461,
note; and 49 CFR 1.49.
Sec. 228.21 [Amended]
0
48. Section 228.21 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 228--[Amended]--Requirements of the Hours of Service
Act: Statement of Agency Policy and Interpretation
0
49. In appendix A to part 228, the ninth paragraph below the heading
``GENERAL PROVISIONS'', entitled ``Penalty'', is amended by removing
its last sentence and adding the following sentences in its place:
Appendix A to Part 228--Requirements of the Hours of Service Act:
Statement of Agency Policy and Interpretation
* * * * *
Penalty. * * * Effective October 9, 2007, the ordinary maximum
penalty of $11,000 was raised to $16,000 as required under law.
Effective March 2, 2009, the minimum penalty, ordinary maximum penalty
and aggravated maximum penalty were raised again. The minimum penalty
was increased from $550 to $650 pursuant to the law's requirement.
Meanwhile, the ordinary maximum penalty was increased from $16,000 to
$25,000 and the aggravated maximum was increased from $27,000 to
$100,000 in accordance with the authority provided under the Rail
Safety Improvement Act of 2008.
* * * * *
Appendix B to Part 228--[Amended]
0
50. Appendix B is amended by removing each of the three references to
the numerical amount ``$500'' and replacing them with the numerical
amount ``$650''.
0
51. Footnote 1 to appendix B of part 228 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 229--[AMENDED]
0
52. The authority citation for part 229 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20137-20138,
20143, 20701-20703, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49
CFR 1.49(c), (m).
Sec. 229.7 [Amended]
0
53. Paragraph (b) of Sec. 229.7 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix B to Part 229--[Amended]
0
54. Appendix B is amended by removing the numerical amount ``$500''
from the entry at 229.105 and adding in its place the numerical amount
``$650''.
0
55. Footnote 1 to appendix B of part 229 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 230--[AMENDED]
0
56. The authority citation for part 230 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note;
and 49 CFR 1.49.
Sec. 230.4 [Amended]
0
57. Paragraph (a) of Sec. 230.4 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
PART 231--[AMENDED]
0
58. The authority citation for part 231 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20131, 20301-20303,
21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 231.0 [Amended]
0
59. Paragraph (f) of Sec. 231.0 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 231--[Amended]
0
60. Appendix A is amended by removing the numerical amount ``$500''
from the entry at 146.A and adding in its place the numerical amount
``$650''.
0
61. Footnote 1 to appendix A of part 231 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 232--[AMENDED]
0
62. The authority citation for part 232 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR
1.49.
Sec. 232.11 [Amended]
0
63. Paragraph (a) of Sec. 232.11 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650;
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 232--[Amended]
0
64. Footnote 1 to appendix A of part 232 is amended by:
0
a. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
b. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
PART 233--[AMENDED]
0
65. The authority citation for part 233 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 233.11 [Amended]
0
66. Section 233.11 is amended by:
[[Page 79704]]
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 233--[Amended]
0
67. Footnote 1 to appendix A of part 233 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 234--[AMENDED]
0
68. The authority citation for part 234 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 234.6 [Amended]
0
69. Paragraph (a) of Sec. 234.6 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 234--[Amended]
0
70. Footnote 1 to appendix A of part 234 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 235--[AMENDED]
0
71. The authority citation for part 235 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 235.9 [Amended]
0
72. Section 235.9 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 235--[Amended]
0
73. Footnote 1 to appendix A of part 235 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 236--[AMENDED]
0
74. The authority citation for part 236 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note and 49
CFR 1.49.
Sec. 236.0 [Amended]
0
75. Paragraph (f) of Sec. 236.0 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 236--[Amended]
0
76. Footnote 1 to appendix A of part 236 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 238--[AMENDED]
0
77. The authority citation for part 238 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303,
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; 49 CFR
1.49.
Sec. 238.11 [Amended]
0
78. Paragraph (a) of Sec. 238.11 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 238--[Amended]
0
79. Footnote 1 to appendix A to part 238 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 239--[AMENDED]
0
80. The authority citation for part 239 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301,
21304, and 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49(c), (g),
(m).
Sec. 239.11 [Amended]
0
81. Section 239.11 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 239--[Amended]
0
82. Footnote 1 to appendix A to part 239 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 240--[AMENDED]
0
83. The authority citation for part 240 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311;
28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 240.11 [Amended]
0
84. Paragraph (a) of Sec. 240.11 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Appendix A to Part 240--[Amended]
0
85. Appendix A is amended by removing each of the three references to
the numerical amount ``$500'' and adding in each of their places the
numerical amount ``$650''.
0
86. Footnote 1 to appendix A of part 240 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 241--[AMENDED]
0
87. 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 1.49.
Sec. 241.15 [Amended]
0
88. Paragraph (a) of Sec. 241.15 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
[[Page 79705]]
Appendix B to Part 241--[Amended]
0
89. Footnote 1 to appendix B of part 241 is amended by removing the
numerical amount ``$27,000'' and adding in its place the numerical
amount ``$100,000''.
PART 244--[AMENDED]
0
90. 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 1.49.
Sec. 244.5 [Amended]
0
91. Paragraph (a) of Sec. 244.5 is amended by:
0
a. Removing the numerical amount ``$550'' and adding in its place the
numerical amount ``$650'';
0
b. Removing the numerical amount ``$16,000'' and adding in its place
the numerical amount ``$25,000''; and
0
c. Removing the numerical amount ``$27,000'' and adding in its place
the numerical amount ``$100,000''.
Issued in Washington, DC on December 18, 2008.
Clifford C. Eby,
Acting Administrator, Federal Railroad Administration.
Note: This appendix will not appear in the Code of Federal
Regulations.
Appendix: ``Step-by-Step Calculations To Determine Civil Monetary
Penalty Update: 2008''
Step-by-Step Calculations To Determine Civil Monetary Penalty Update:
2008
These calculations follow U.S. Department of Transportation and
Government Accountability Office (GAO), formerly the General
Accounting Office, guidance to determine if the minimum civil
monetary penalty (CMP) should be updated according to the Inflation
Act. (Sources for guidance: (1) GAO attachment to memorandum with
subject ``Annual Review of Department of Transportation's (DOT)
Civil Penalties Inflation Adjustment,'' dated July 10, 2003; (2)
policy paper entitled ``Federal Civil Penalties Inflation Adjustment
Act of 1990''). Overall, the minimum rises from $550 to $650 for
2008, under the Inflation Act.
Minimum CMP
The current minimum CMP is $550, last updated on May 28, 2004.
See 69 FR 30592.
Step 1: Find the Consumer Price Index (CPI). (Bureau of Labor
Statistics (BLS), 1967 Base, U.S. City Average).
The CPI for June of the preceding year, i.e., CPI for June 2007
= 624.129.
The CPI for June of the year the CMP was last set or adjusted
under the Inflation Act, i.e., CPI for June 2004 = 568.2.
Step 2: Calculate the Cost of Living Adjustment (COLA), or the
Inflation Factor.
COLA= CPI for June 2007 = 624.129 = 1.09843, CPI for June 2004
568.2.
Step 3: Find the Raw Inflation Adjustment or Inflation
Adjustment Before Rounding. Raw Inflation Adjustment = CMP x COLA =
$550 x 1.09843 = $604.14 [ap] $604.
Step 4: Round the Raw Inflation Adjustment Amount. Recall that
the increase in the CMP is rounded, according to the rounding rules.
Increase = Raw Inflation Adjustment - Original CMP = $604 - $550
= $54.
Use the following rounding rule: ``If the current unadjusted
penalty is greater than $100 and less than or equal to $1,000, round
the increase to the nearest multiple of $100.'' (Federal Civil
Penalties Inflation Adjustment Act of 1990, p. 4).
Multiples of $100 are $0, $100, $200.* * * The nearest multiple
of $100 is therefore $100. Rounded, the $54 increase = $100.
Step 5: Find the Inflation Adjusted Penalty After Rounding.
CMP after rounding = Original CMP + Rounded Increase = $550 +
$100 = $650.
Step 6: Apply a 10% Ceiling if Necessary.
As the minimum CMP has been adjusted previously according to the
Inflation Act, the 10% cap for first-time adjustments does not
apply.
Step 7: Determine New Penalty.
The new minimum CMP = $650.
For 2008, the minimum CMP rises by $100.
[FR Doc. E8-30753 Filed 12-29-08; 8:45 am]
BILLING CODE 4910-06-P
