Adjustments to the Minimum and Maximum Civil Monetary Penalties for Violations of Federal Railroad Safety Laws or Federal Railroad Administration Safety Regulations; Correction, 15387-15388 [E9-7566]

Download as PDF pwalker on PROD1PC71 with RULES Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations [Reserved for Product Description] Money Orders [Reserved for Product Description] Post Office Box Service [Reserved for Product Description] Negotiated Service Agreements [Reserved for Class Description] HSBC North America Holdings Inc. Negotiated Service Agreement [Reserved for Product Description] Bookspan Negotiated Service Agreement [Reserved for Product Description] Bank of America Corporation Negotiated Service Agreement The Bradford Group Negotiated Service Agreement Part B—Competitive Products Competitive Product List Express Mail Express Mail Outbound International Expedited Services Inbound International Expedited Services Inbound International Expedited Services 1 (CP2008–7) Inbound International Expedited Services 2 (MC2009–10 and CP2009–12) Priority Mail Priority Mail Outbound Priority Mail International Inbound Air Parcel Post Parcel Select Parcel Return Service International International Priority Airlift (IPA) International Surface Airlift (ISAL) International Direct Sacks—M–Bags Global Customized Shipping Services Inbound Surface Parcel Post (at non-UPU rates) Canada Post—United States Postal Service Contractual Bilateral Agreement for Inbound Competitive Services (MC2009– 8 and CP2009–9) International Money Transfer Service International Ancillary Services Special Services Premium Forwarding Service Negotiated Service Agreements Domestic Express Mail Contract 1 (MC2008–5) Express Mail Contract 2 (MC2009–3 and CP2009–4) Express Mail Contract 3 (MC2009–15 and CP2009–21) Express Mail & Priority Mail Contract 1 (MC2009–6 and CP2009–7) Express Mail & Priority Mail Contract 2 (MC2009–12 and CP2009–14) Express Mail & Priority Mail Contract 3 (MC2009–13 and CP2009–17) Express Mail & Priority Mail Contract 4 (MC2009–17 and CP2009–24) Express Mail & Priority Mail Contract 5 (MC2009–18 and CP2009–25) Parcel Return Service Contract 1 (MC2009– 1 and CP2009–2) Priority Mail Contract 1 (MC2008–8 and CP2008–26) Priority Mail Contract 2 (MC2009–2 and CP2009–3) Priority Mail Contract 3 (MC2009–4 and CP2009–5) Priority Mail Contract 4 (MC2009–5 and CP2009–6) Priority Mail Contract 5 (MC2009–21 and CP2009–26) VerDate Nov<24>2008 16:36 Apr 03, 2009 Jkt 217001 Outbound International Global Direct Contracts (MC2009–9, CP2009–10, and CP2009–11) Global Expedited Package Services (GEPS) Contracts GEPS 1 (CP2008–5, CP2008–11, CP2008– 12, and CP2008–13, CP2008–18, CP2008–19, CP2008–20, CP2008–21, CP2008–22, CP2008–23, and CP2008–24) Global Plus Contracts Global Plus 1 (CP2008–9 and CP2008–10) Global Plus 2 (MC2008–7, CP2008–16 and CP2008–17) Inbound International Inbound Direct Entry Contracts With Foreign Postal Administrations (MC2008–6, CP2008–14 and CP2008–15) International Business Reply Service Competitive Contract 1 (MC2009–14 and CP2009–20) Competitive Product Descriptions Express Mail [Reserved for Group Description] Express Mail [Reserved for Product Description] Outbound International Expedited Services [Reserved for Product Description] Inbound International Expedited Services [Reserved for Product Description] Priority [Reserved for Product Description] Priority Mail [Reserved for Product Description] Outbound Priority Mail International [Reserved for Product Description] Inbound Air Parcel Post [Reserved for Product Description] Parcel Select [Reserved for Group Description] Parcel Return Service [Reserved for Group Description] International [Reserved for Group Description] International Priority Airlift (IPA) [Reserved for Product Description] International Surface Airlift (ISAL) [Reserved for Product Description] International Direct Sacks—M-Bags [Reserved for Product Description] Global Customized Shipping Services [Reserved for Product Description] International Money Transfer Service [Reserved for Product Description] Inbound Surface Parcel Post (at non-UPU rates) [Reserved for Product Description] International Ancillary Services [Reserved for Product Description] International Certificate of Mailing [Reserved for Product Description] International Registered Mail [Reserved for Product Description] International Return Receipt [Reserved for Product Description] International Restricted Delivery [Reserved for Product Description] International Insurance [Reserved for Product Description] Negotiated Service Agreements [Reserved for Group Description] Domestic [Reserved for Product Description] Outbound International [Reserved for Group Description] PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 15387 Part C—Glossary of Terms and Conditions [Reserved] Part D—Country Price Lists for International Mail [Reserved] [FR Doc. E9–7680 Filed 4–3–09; 8:45 am] BILLING CODE 7710–FW–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 232 [Docket No. FRA–2004–17529; Notice No. 7] 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; Correction AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Correcting amendment. SUMMARY: On December 30, 2008, FRA published a final rule, pursuant to two statutes, which increased the minimum, ordinary maximum, and aggravated maximum civil monetary penalty it may apply when assessing a civil penalty for a violation of a railroad safety statute or regulation under its authority. (73 FR 79698). In preparing that final rule for publication, an error was made: FRA instructed that the numerical amount ‘‘$16,000’’ be removed from footnote 1 of appendix A to 49 CFR part 232 of the final rule and the numerical amount ‘‘$25,000’’ be added in its place. The instruction should have directed the removal of the numerical amount ‘‘$11,000’’ and the addition of ‘‘$25,000’’ in its place. DATES: The correction to the final rule is effective on April 6, 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: An error was included in the final rule published on December 30, 2008. (73 FR 79698). FRA failed to account for an October 16, 2008 amendment to footnote 1 in appendix A to part 232. The October 16, 2008 amendment inadvertently changed the total ordinary maximum civil penalty amount normally assessed per day for two or more violations within a E:\FR\FM\06APR1.SGM 06APR1 15388 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations single unit of equipment from ‘‘$16,000’’ to ‘‘$11,000’’. (73 FR 61512). As background, on September 6, 2007, FRA adjusted the ordinary maximum civil monetary penalty pursuant to the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990. (72 FR 51194). As part of this inflation adjustment to the ordinary maximum civil monetary penalty, FRA amended footnote 1 to appendix A in part 232 by increasing the ordinary maximum civil monetary penalty to ‘‘$16,000’’. As a result, footnote 1 read, in pertinent part, ‘‘[g]enerally, when two or more violations of these regulations are discovered with respect to a single unit of equipment that is placed or continued in service by a railroad, the appropriate penalties set forth above are aggregated up to a maximum of $16,000 per day.’’ (72 FR 51197). The October 16, 2008 amendment was part of a broader change in part 232 that was not focused on changing the inflation adjustment to the ordinary maximum civil monetary penalty for violations within that part. The October 16, 2008 amendment instituted FRA’s new regulations for electronically controlled pneumatic (ECP) brake systems. In the process of promulgating the new ECP brake systems rules, FRA unintentionally removed the correct numerical amount ‘‘$16,000’’ and reinserted the superseded numerical amount ‘‘$11,000’’ in its place. (73 FR 61556–57). FRA’s December 30, 2008 adjustment of the ordinary maximum civil monetary penalty directed that the numerical amount ‘‘$16,000’’, which was no longer included in the text of footnote 1, be removed and replaced by the numerical amount ‘‘$25,000’’. The final rule published on December 30, 2008 should have instructed that the numerical amount ‘‘$11,000’’ be removed and the numerical amount ‘‘$25,000’’ be added in its place. FRA is correcting this minor error so that the final rule clearly conforms to FRA’s intent. List of Subjects in 49 CFR Part 232 Penalties, Railroad safety, Reporting and recordkeeping requirements. The Final Rule pwalker on PROD1PC71 with RULES PART 232—[AMENDED] 1. The authority citation for part 232 continues to read as follows: ■ 16:36 Apr 03, 2009 ■ Issued in Washington, DC, on March 19, 2009. Jo Strang, Acting Deputy Administrator, Federal Railroad Administration. [FR Doc. E9–7566 Filed 4–3–09; 8:45 am] Privacy Act: Anyone is able to search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477). This statement is also available at https://www.regulations.gov. SUPPLEMENTARY INFORMATION: I. Legal Basis for the Rulemaking Appendix A to Part 232—[AMENDED] 2. Footnote 1 to appendix A of part 232 is amended by removing the numerical amount ‘‘$11,000’’ and adding in its place the numerical amount ‘‘$25,000’’. BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 373 [Docket No. FMCSA–1997–2290] RIN 2126–AA25 General Jurisdiction Over Freight Forwarder Service AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends its regulations to require all surface freight forwarders to issue a receipt or bill of lading on each shipment for which they arrange transportation of freight by commercial motor vehicle in interstate commerce. This regulatory change implements amendments enacted in the ICC Termination Act of 1995 (ICCTA). While the current rule concerning receipts or bills of lading applies only to household goods freight forwarders, the new rule applies to both household goods and non-household goods freight forwarders. DATES: Effective May 6, 2009. FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Telephone: (202) 366– 5370, E-mail address: FMCSAregs@dot.gov. Availability of Rulemaking Documents In accordance with the foregoing, 49 CFR part 232, chapter II, subtitle B of title 49, Code of Federal Regulations is corrected by making the following correcting amendment: ■ VerDate Nov<24>2008 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. Jkt 217001 For access to docket FMCSA–1997– 2290 to read background documents and comments received, go to https:// www.regulations.gov at any time or to U.S. Department of Transportation, Room W12–140, 1200 New Jersey Ave., SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 This final rule is based on the authority of the ICCTA (Pub. L. 104–88, 109 Stat. 803, Dec. 29, 1995). The ICCTA gave the Secretary of Transportation (Secretary) general jurisdiction over all freight forwarder service involving transportation in interstate commerce under 49 U.S.C. 13531. Under 49 U.S.C. 13301(a), the Secretary is authorized to issue regulations to carry out the provisions of the ICCTA applicable to motor carriers, brokers, and freight forwarders. Under 49 U.S.C. 14706(a), motor carriers and freight forwarders providing transportation or service subject to the Secretary’s jurisdiction must issue a receipt or bill of lading for property received for transportation. These entities are liable for loss of, or damage to, the property described in the receipt or bill of lading. The statutory requirement to provide a receipt or bill of lading was implemented in order for claimant parties (shippers) to make a prima facie case against motor carriers and freight forwarders under the Carmack amendment.1 A receipt or bill of lading provides evidence that goods were delivered to the carrier or freight forwarder. If goods are damaged, the receipt or bill of lading can specify the monetary value of the cargo, i.e., the loss resulting from damage. Part 370 of title 49, Code of Federal Regulations (CFR) (formerly 49 CFR part 1005), sets forth the principles and practices for the investigation and voluntary disposition of claims for loss, damage, injury, or delay to cargo handled by motor carriers and freight forwarders. It implements the Carmack amendment, as does 49 CFR part 373 pertaining to the issuance of receipts and bills of lading by motor carriers and freight forwarders. 1 The Carmack amendment to the Interstate Commerce Act was passed in 1906 as part of the Hepburn Act, ch. 5391, 34 Stat. 584. It established uniform liability procedures for goods transported in interstate commerce. Its terms are now found at 49 U.S.C. 14706. E:\FR\FM\06APR1.SGM 06APR1

Agencies

[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Rules and Regulations]
[Pages 15387-15388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7566]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[Docket No. FRA-2004-17529; Notice No. 7]
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; Correction

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: On December 30, 2008, FRA published a final rule, pursuant to 
two statutes, which increased the minimum, ordinary maximum, and 
aggravated maximum civil monetary penalty it may apply when assessing a 
civil penalty for a violation of a railroad safety statute or 
regulation under its authority. (73 FR 79698). In preparing that final 
rule for publication, an error was made: FRA instructed that the 
numerical amount ``$16,000'' be removed from footnote 1 of appendix A 
to 49 CFR part 232 of the final rule and the numerical amount 
``$25,000'' be added in its place. The instruction should have directed 
the removal of the numerical amount ``$11,000'' and the addition of 
``$25,000'' in its place.

DATES:  The correction to the final rule is effective on April 6, 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: An error was included in the final rule 
published on December 30, 2008. (73 FR 79698). FRA failed to account 
for an October 16, 2008 amendment to footnote 1 in appendix A to part 
232. The October 16, 2008 amendment inadvertently changed the total 
ordinary maximum civil penalty amount normally assessed per day for two 
or more violations within a

[[Page 15388]]

single unit of equipment from ``$16,000'' to ``$11,000''. (73 FR 
61512).
    As background, on September 6, 2007, FRA adjusted the ordinary 
maximum civil monetary penalty pursuant to the requirements of the 
Federal Civil Penalties Inflation Adjustment Act of 1990. (72 FR 
51194). As part of this inflation adjustment to the ordinary maximum 
civil monetary penalty, FRA amended footnote 1 to appendix A in part 
232 by increasing the ordinary maximum civil monetary penalty to 
``$16,000''. As a result, footnote 1 read, in pertinent part, 
``[g]enerally, when two or more violations of these regulations are 
discovered with respect to a single unit of equipment that is placed or 
continued in service by a railroad, the appropriate penalties set forth 
above are aggregated up to a maximum of $16,000 per day.'' (72 FR 
51197).
    The October 16, 2008 amendment was part of a broader change in part 
232 that was not focused on changing the inflation adjustment to the 
ordinary maximum civil monetary penalty for violations within that 
part. The October 16, 2008 amendment instituted FRA's new regulations 
for electronically controlled pneumatic (ECP) brake systems. In the 
process of promulgating the new ECP brake systems rules, FRA 
unintentionally removed the correct numerical amount ``$16,000'' and 
re-inserted the superseded numerical amount ``$11,000'' in its place. 
(73 FR 61556-57).
    FRA's December 30, 2008 adjustment of the ordinary maximum civil 
monetary penalty directed that the numerical amount ``$16,000'', which 
was no longer included in the text of footnote 1, be removed and 
replaced by the numerical amount ``$25,000''. The final rule published 
on December 30, 2008 should have instructed that the numerical amount 
``$11,000'' be removed and the numerical amount ``$25,000'' be added in 
its place. FRA is correcting this minor error so that the final rule 
clearly conforms to FRA's intent.

List of Subjects in 49 CFR Part 232

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

The Final Rule

0
In accordance with the foregoing, 49 CFR part 232, chapter II, subtitle 
B of title 49, Code of Federal Regulations is corrected by making the 
following correcting amendment:

PART 232--[AMENDED]

0
1. 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.

Appendix A to Part 232--[AMENDED]

0
2. Footnote 1 to appendix A of part 232 is amended by removing the 
numerical amount ``$11,000'' and adding in its place the numerical 
amount ``$25,000''.

    Issued in Washington, DC, on March 19, 2009.
Jo Strang,
Acting Deputy Administrator, Federal Railroad Administration.
 [FR Doc. E9-7566 Filed 4-3-09; 8:45 am]
BILLING CODE 4910-06-P