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]
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Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations
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15387
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[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
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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
