80 FR 30364 - Systems for Telephonic Notification of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 80, Issue 102 (May 28, 2015)
Federal Railroad Administration
Federal Register Volume 80, Issue 102 (May 28, 2015)
| Page Range | 30364-30367 | |
| FR Document | 2015-12775 |
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)] [Rules and Regulations] [Pages 30364-30367] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12775] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA-2009-0041-N-4] 49 CFR Part 234 RIN 2130-AC50 Systems for Telephonic Notification of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The purpose of this document is to update the current schedule of civil penalties for violations of FRA's grade crossing safety regulations by adding recommended civil penalty amounts for violations of specific requirements contained in a recently added subpart. That subpart prescribes requirements that certain railroads establish emergency notification systems (ENS) for receiving toll-free telephone calls reporting various unsafe conditions at highway-rail grade crossings and pathway grade crossings, and for taking certain actions in response to those calls. DATES: Effective May 28, 2015. FOR FURTHER INFORMATION CONTACT: Beth Crawford, Transportation Specialist, Grade Crossing Safety and Trespass Prevention, Office of Safety Analysis, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: 202-493-6288), [email protected]; or Sara Mahmoud-Davis, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone: 202-366-1118), [email protected]. SUPPLEMENTARY INFORMATION: FRA is revising the penalty schedule at appendix A to 49 CFR part 234 to add recommended civil penalty amounts for violations of specific requirements contained in subpart E, Emergency Notification Systems [ENS] for Telephonic Reporting of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings. (See FRA's final rule published on June 12, 2012, 77 FR 35164; March 15, 2013, 78 FR 16414.) The recommended civil penalties are for violations related to the various requirements of an ENS, which includes the: (1) Sign(s) placed at the grade crossing that display the information necessary for the public to report an unsafe condition to the appropriate railroad; (2) method the railroad uses to receive and process a telephone call reporting the unsafe condition; (3) remedial action the appropriate railroad or railroads take to address the report of the unsafe conditions; and (4) recordkeeping conducted by the railroad(s). Under authority delegated from the Secretary of Transportation, FRA adds these recommended penalty amounts to the penalty schedule consistent with the requirements of 49 U.S.C. 21301(a)(2), which provides, in pertinent part, that: [t]he Secretary of Transportation shall include in, or make applicable to, each regulation prescribed . . . under chapter 201 of this title a civil penalty for a violation. * * * The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000. See delegation from the Secretary to the Administrator of FRA at 49 CFR 1.89(a). Under the separate authority of the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended, FRA has periodically adjusted for inflation the amounts of the minimum, ordinary maximum, and aggravated maximum civil penalties for a violation of this part. 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. Currently, the minimum penalty is $650, the ordinary maximum civil penalty is $25,000; and the aggravated maximum civil penalty is $105,000. See, e.g., 73 FR 76704, Dec. 30, 2008; 77 FR 24422, Apr. 24, 2012. As provided for in footnote 1 to appendix A, the Administrator specifically reserves the authority to assess the maximum penalty of $105,000 for any specific violation if the circumstances of the particular violation warrant. After FRA issues a civil penalty against an entity, FRA may adjust or compromise the amount of the civil penalty based on a wide variety of mitigating factors, which include: (1) The nature, circumstances, extent, and gravity of the violation; (2) with respect to the entity, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. 49 U.S.C. 21301(a)(3). FRA's revision of appendix A is a general statement of policy under 5 U.S.C. 553(b)(3)(A). Consequently, notice and an opportunity for comment are not required, and this amendment is made effective upon publication. List of Subjects in 49 CFR Part 234 Highway safety, Penalties, Railroad safety, Reporting and recordkeeping requirements, State and local governments. In consideration of the foregoing, FRA amends part 234 of chapter II, subtitle B of title 49, Code of Federal Regulations as follows: PART 234--GRADE CROSSING SAFETY 0 1. The authority citation for part 234 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202; 28 U.S.C. 2461, note; and 49 CFR 1.89. 0 2. Amend appendix A to part 234 by: 0 a. Adding, after the end of the entry for subpart D, an entry for subpart E; 0 b. Revising footnote 1; and 0 c. Adding footnotes 2, 3, 4, 5, 6, and 7, to read as follows: [[Page 30365]] Appendix A to Part 234--Schedule of Civil Penalties \1\ ------------------------------------------------------------------------ Willful Section Violation violation ------------------------------------------------------------------------ * * * * * * * Subpart E--Emergency Notification Systems for Telephonic Reporting of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings 234.303 Emergency notification systems (ENS) for telephonic reporting of unsafe conditions at highway-rail and pathway grade crossings: (a) Dispatching railroad fails to 15,000 25,000 establish and maintain a toll-free telephone service by which the railroad can directly and promptly receive telephone calls (calls) from the public of reports of unsafe conditions at crossings..... (a)(1) Dispatching railroad fails to 10,000 15,000 have either a live person answer calls directly and promptly, or use an automated answering system or third-party telephone service for receiving calls from the public of reports of unsafe conditions at crossings.......................... (a)(2) Dispatching railroad 10,000 15,000 improperly uses an automated answering system................... (b)(1)-(2) Excepted dispatching 5,000 7,500 railroad improperly uses answering machine to receive calls of unsafe conditions at crossings............ (b)(2) Excepted dispatching railroad 5,000 7,500 fails to use proper method to receive calls of unsafe conditions at crossings during either operational or non-operational hours.............................. (e) Dispatching railroad improperly 5,000 7,500 uses local telephone number to receive calls of unsafe conditions at crossings....................... 234.305 Remedial actions in response to reports of unsafe conditions at highway- rail and pathway grade crossings: Response to credible report of warning system malfunction at a highway-rail grade crossing. (a)(1) Maintaining railroad fails 5,000 7,500 under subpart C to follow subpart C of this part \2\................... (a)(2)(i) Dispatching railroad fails 5,000 7,500 to promptly contact all trains authorized to operate through the crossing and inform them of the reported malfunction............... (ii) Dispatching railroad fails to 5,000 7,500 promptly contact the maintaining railroad and inform it of the reported malfunction............... Response to public report of warning system malfunction at a highway-rail grade crossing. (b)(1)(i) Railroad with both 5,000 7,500 maintaining and dispatching responsibilities fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported malfunction........................ (ii) Railroad with both maintaining 5,000 7,500 and dispatching responsibilities fails to promptly contact the appropriate law enforcement agency and inform it of the reported malfunction........................ (iii) Railroad with both maintaining 5,000 7,500 and dispatching responsibilities fails to promptly investigate the report, determine the nature of the malfunction, and take the appropriate remedial action........ (b)(2)(i) Railroad with only 5,000 7,500 dispatching responsibility fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported malfunction............... (ii) Railroad with only dispatching 5,000 7,500 responsibility fails to promptly contact the appropriate law enforcement agency and inform it of the reported malfunction........... (iii) Railroad with only dispatching 5,000 7,500 responsibility fails to promptly contact the maintaining railroad and inform it of the reported malfunction........................ (iv) Maintaining railroad fails to 5,000 7,500 promptly investigate the report, determine the nature of the malfunction, and take the appropriate remedial action........ Response to report of warning system failure at a pathway grade crossing. (c)(1)(i) Railroad with both 5,000 7,500 maintaining and dispatching responsibilities fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported failure (ii) Railroad with both maintaining 5,000 7,500 and dispatching responsibilities fails to promptly contact the appropriate law enforcement agency and inform it of the reported failure............................ (iii) Railroad with both maintaining 5,000 7,500 and dispatching responsibilities fails to promptly investigate the report, determine the nature of the failure, and without undue delay repair the active warning system if necessary.......................... (c)(2)(i) Railroad with only dispatching 5,000 7,500 responsibility fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported failure........... (ii) Railroad with only dispatching 5,000 7,500 responsibility fails to promptly contact the appropriate law enforcement agency and inform it of the reported failure............... (iii) Railroad with only dispatching 5,000 7,500 responsibility fails to promptly contact the maintaining railroad and inform it of the reported failure............................ (iv) Maintaining railroad fails to 5,000 7,500 promptly investigate the report, determine the nature of the failure, and without undue delay repair the active warning system if necessary.......................... Response to report of a disabled vehicle or other obstruction blocking a railroad track at a highway-rail or pathway grade crossing. (d)(1)(i) Railroad with both 5,000 7,500 maintaining and dispatching responsibilities fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported obstruction........................ (ii) Railroad with both maintaining 5,000 7,500 and dispatching responsibilities fails to promptly contact the appropriate law enforcement agency and inform it of the reported obstruction........................ (iii) Railroad with both maintaining 5,000 7,500 and dispatching responsibilities fails to promptly investigate the report, determine the nature of the obstruction, and without undue delay take the necessary action to have the obstruction removed....... (d)(2)(i) Railroad with only 5,000 7,500 dispatching responsibility fails to promptly contact all trains authorized to operate through the crossing and inform them of the reported obstruction............... (ii) Railroad with only dispatching 5,000 7,500 responsibility fails to promptly contact the appropriate law enforcement agency and inform it of the reported obstruction........... [[Page 30366]] (iii) Railroad with only dispatching 5,000 7,500 responsibility fails to promptly contact the maintaining railroad and inform it of the reported obstruction........................ (iv) Maintaining railroad fails to 5,000 7,500 promptly investigate the report, determine the nature of the obstruction, and without undue delay take the necessary action to have the obstruction removed....... Special rule on contacting a train that is not required to have communication equipment. (e) Having received a report 5,000 7,500 pursuant to Sec. 234.303(c)(1), (c)(2), (d)(1), or (d)(2), railroad fails to promptly contact the occupied controlling locomotive of the train by the quickest means available consistent with Sec. 220.13(a) of this chapter.......... Response to report of an obstruction of view at a highway-rail or pathway grade crossing. (f)(1) Railroad with both 5,000 7,500 maintaining and dispatching responsibilities fails to timely investigate the report and remove the obstruction if it is lawful and feasible to do so.................. (f)(2)(i) Railroad with only 5,000 7,500 dispatching responsibility fails to promptly contact the maintaining railroad........................... (ii) Maintaining railroad fails to 5,000 7,500 timely investigate the report and remove the obstruction if it is lawful and feasible to do so....... Response to report of other unsafe condition at a highway-rail or pathway grade crossing. (g)(1) Railroad with both 5,000 7,500 maintaining and dispatching responsibilities fails to timely investigate the report, and timely correct the unsafe condition if it is lawful and feasible to do so.... (g)(2) Railroad with only 5,000 7,500 dispatching responsibility fails to promptly contact the maintaining railroad........................... (g)(3) Maintaining railroad fails to 5,000 7,500 timely investigate the report, and timely correct the unsafe condition if it is lawful and feasible to do so................................. Maintaining railroad's responsibilities for receiving reports of unsafe conditions at highway-rail and pathway grade crossings. (h)(1)(i) Maintaining railroad fails 5,000 7,500 to provide sufficient contact information to dispatching railroad, by which the dispatching railroad may timely contact the maintaining railroad upon receipt of a report........................ (ii) Maintaining railroad fails 10,000 15,000 either to have a live person answer calls directly and promptly, or to use an automated answering system for receiving calls from the dispatching railroad of a report of an unsafe condition................ (iii) Dispatching railroad 10,000 15,000 improperly uses an automated answering system................... (h)(2)(i)-(ii) Excepted maintaining 5,000 7,500 railroad fails to use proper method to receive calls of unsafe conditions at crossings during operational or non-operational hours.............................. 234.306 Multiple dispatching or maintaining railroads with respect to the same highway-rail or pathway grade crossing; appointment of responsible railroad: (a)(1) Each of the dispatching 10,000 15,000 railroads for the crossing fails to appoint a primary dispatching railroad for the crossing.......... (a)(1)(i)-(iv) The primary 5,000 7,500 dispatching railroad for the crossing fails to carry out one of the prescribed duties.............. (a)(2) Another pertinent dispatching 5,000 7,500 railroad for the crossing fails to carry out remedial action as required by Sec. 234.305......... (b)(1) Each of the maintaining 5,000 7,500 railroads for the crossing fails to appoint one maintaining railroad responsible for the placement and maintenance of the ENS sign(s)..... (b)(2) The assigned maintaining 5,000 7,500 railroad in Sec. 234.306(b)(1) fails to display on the ENS sign(s) the emergency telephone number of the dispatching railroad or primary dispatching railroad for the crossing........................... (c)(1) The dispatching railroad or 5,000 7,500 primary dispatching railroad fails to promptly contact and inform the appropriate maintaining railroad(s) for the crossing of the reported problem............................ (c)(2) The maintaining railroad 10,000 15,000 fails to carry out remedial action as required by Sec. 234.305...... 234.307 Use of third-party telephone service by dispatching and maintaining railroads \3\: (a)(1) Dispatching railroad 10,000 15,000 improperly uses third-party telephone service.................. (a)(2) Dispatching railroad fails to 10,000 15,000 ensure third-party telephone service compliance with Sec. 234.307............................ (b)(1) Maintaining railroad 10,000 15,000 improperly uses third-party telephone service.................. (b)(2) Maintaining railroad fails to 10,000 15,000 ensure third-party telephone service compliance with Sec. 234.307............................ (d)(1) Railroad fails to provide 2,500 5,000 sufficient contact information to third-party telephone service...... (d)(2)(i) Railroad fails to inform 2,500 5,000 FRA in writing before the implementation of a third-party telephone service.................. (ii) Railroad fails to provide FRA 2,500 5,000 with contact information for the third-party telephone service...... (iii) Railroad fails to provide FRA 2,500 5,000 with information identifying the crossings about which the third- party telephone service will receive reports.................... (d)(3) Railroad fails to inform FRA 2,500 5,000 in writing within 30 days following any changes in the use of, or the discontinuance of, third-party telephone service.................. (d)(4) \4\ Dispatching or maintaining railroad fails to take appropriate action required by Sec. 234.305. (e) \5\ Railroad fails to ensure third-party telephone service compliance with Sec. 234.313 or Sec. 234.315, as applicable. 234.309 ENS signs in general: (a) Dispatching railroad fails to 2,500 5,000 provide ENS telephone number to the maintaining railroad a minimum of 180 days prior to the required implementation date of the ENS..... (b)(1)-(3) \6\ Responsible railroad 5,000 7,500 fails to display minimum required information on ENS sign............ (c)(1)-(4) \7\ Responsible railroad 5,000 7,500 fails to display ENS sign that meets size and other physical requirements....................... 234.311 ENS sign placement and maintenance: (a)(1)-(2) Responsible railroad 5,000 7,500 fails to place and maintain required number of sign(s) at the crossing or entrance(s) to facility (b)(1)-(2) Responsible railroad 5,000 7,500 fails to properly locate and maintain the sign(s) at the crossing........................... 234.313 Recordkeeping: [[Page 30367]] (a)(1)-(9) Railroad fails to 2,500 5,000 maintain in its records the minimum information required for each ENS report received.................... (c)(1)-(2) Responsible railroad(s) 2,500 5,000 fail(s) to record in writing an appointment of a railroad, pursuant to Sec. 234.306, or properly retain a copy of the document...... (d)(1) Railroad fails to properly 2,500 5,000 retain records..................... (d)(2) Railroad fails to provide FRA 2,500 5,000 access to records.................. 234.315 Electronic recordkeeping: (a)-(b) Railroad fails to comply 2,500 5,000 with electronic recordkeeping requirements....................... ------------------------------------------------------------------------ \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 $105,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. To facilitate the assessment of penalty amounts, the specific types of violations of a given section are sometimes designated by the paragraph of the section (e.g., ``(a)'') and a code not corresponding to the legal citation for the violation (e.g., ``(1)''), so that the complete citation in the penalty schedule is e.g., ``(a)(1).'' FRA reserves the right to revise the citation of the violation in the Summary of Alleged Violations issued by FRA in the event of litigation. \2\ Either this section or the parallel section of subpart C of this part may be cited, but not both. \3\ FRA does not plan to assess civil penalties against a third-party telephone service, under Sec. 234.307(c) or (e). However, FRA plans to assess violations against the dispatching and maintaining railroads for failing to ensure that the third-party telephone service complies with the requirements of Sec. Sec. 234.307, 234.313, or 234.315, if applicable. See Sec. 234.307(a), (b), (e). \4\ For a violation of Sec. 234.307(d)(4), a penalty should be assessed for the specific type of violation according to the penalty schedule for a violation of Sec. 234.305. \5\ For a violation of Sec. 234.307(e) pertaining to recordkeeping, a penalty should be assessed for the specific type of violation in the penalty schedule for a violation of Sec. Sec. 234.313 or 234.315, as applicable. \6\ FRA reserves the right to cite a violation for each item of required information omitted from a sign. \7\ FRA reserves the right to cite a violation for each physical characteristic that is nonconforming. Issued in Washington, DC, on May 21, 2015. Sarah Feinberg, Acting Administrator. [FR Doc. 2015-12775 Filed 5-27-15; 8:45 am] BILLING CODE 4910-06-P
![30364 Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations
(3) The Coast Guard will provide Mahmoud-Davis, Trial Attorney, Office 1996, Public Law 104–134, 110 Stat.
notice of the regulated areas by of Chief Counsel, FRA, 1200 New Jersey 1321–373, April 26, 1996. Currently, the
Broadcast Notice to Mariners and on- Avenue SE., Mail Stop 10, Washington, minimum penalty is $650, the ordinary
scene designated representatives. DC 20590 (telephone: 202–366–1118), maximum civil penalty is $25,000; and
(e) Effective period. This rule is sara.mahmoud-davis@dot.gov. the aggravated maximum civil penalty is
effective on April 21, 2015 through May SUPPLEMENTARY INFORMATION: FRA is $105,000. See, e.g., 73 FR 76704, Dec.
31, 2015. This rule will be enforced revising the penalty schedule at 30, 2008; 77 FR 24422, Apr. 24, 2012.
when STS operations commence until appendix A to 49 CFR part 234 to add As provided for in footnote 1 to
TUG THOMAS and BARGE OCEANUS recommended civil penalty amounts for appendix A, the Administrator
depart the Savannah River. violations of specific requirements specifically reserves the authority to
Dated: May 14, 2015. contained in subpart E, Emergency assess the maximum penalty of
A.M. Beach, Notification Systems [ENS] for $105,000 for any specific violation if the
Telephonic Reporting of Unsafe circumstances of the particular violation
Commander, U.S. Coast Guard, Captain of
the Port Savannah. Conditions at Highway-Rail and warrant.
Pathway Grade Crossings. (See FRA’s After FRA issues a civil penalty
[FR Doc. 2015–12637 Filed 5–27–15; 8:45 am]
final rule published on June 12, 2012, against an entity, FRA may adjust or
BILLING CODE 9110–04–P
77 FR 35164; March 15, 2013, 78 FR compromise the amount of the civil
16414.) The recommended civil penalty based on a wide variety of
penalties are for violations related to the mitigating factors, which include: (1)
DEPARTMENT OF TRANSPORTATION various requirements of an ENS, which The nature, circumstances, extent, and
includes the: (1) Sign(s) placed at the gravity of the violation; (2) with respect
Federal Railroad Administration grade crossing that display the to the entity, the degree of culpability,
[Docket No. FRA–2009–0041–N–4] information necessary for the public to any history of violations, the ability to
report an unsafe condition to the pay, and any effect on the ability to
49 CFR Part 234 appropriate railroad; (2) method the continue to do business; and (3) other
railroad uses to receive and process a matters that justice requires. 49 U.S.C.
RIN 2130–AC50 telephone call reporting the unsafe 21301(a)(3).
condition; (3) remedial action the
Systems for Telephonic Notification of FRA’s revision of appendix A is a
appropriate railroad or railroads take to
Unsafe Conditions at Highway-Rail and general statement of policy under 5
address the report of the unsafe
Pathway Grade Crossings U.S.C. 553(b)(3)(A). Consequently,
conditions; and (4) recordkeeping
conducted by the railroad(s). notice and an opportunity for comment
AGENCY: Federal Railroad
Under authority delegated from the are not required, and this amendment is
Administration (FRA), Department of
Secretary of Transportation, FRA adds made effective upon publication.
Transportation (DOT).
ACTION: Final rule. these recommended penalty amounts to List of Subjects in 49 CFR Part 234
the penalty schedule consistent with the
SUMMARY: The purpose of this document requirements of 49 U.S.C. 21301(a)(2), Highway safety, Penalties, Railroad
is to update the current schedule of civil which provides, in pertinent part, that: safety, Reporting and recordkeeping
penalties for violations of FRA’s grade [t]he Secretary of Transportation shall
requirements, State and local
crossing safety regulations by adding include in, or make applicable to, each governments.
recommended civil penalty amounts for regulation prescribed . . . under chapter 201 In consideration of the foregoing, FRA
violations of specific requirements of this title a civil penalty for a violation.
amends part 234 of chapter II, subtitle
contained in a recently added subpart. * * * The amount of the penalty shall be at
least $500 but not more than $25,000. B of title 49, Code of Federal
That subpart prescribes requirements Regulations as follows:
that certain railroads establish However, when a grossly negligent violation
or a pattern of repeated violations has caused
emergency notification systems (ENS) PART 234—GRADE CROSSING
an imminent hazard of death or injury to
for receiving toll-free telephone calls individuals, or has caused death or injury, SAFETY
reporting various unsafe conditions at the amount may be not more than $100,000.
highway-rail grade crossings and ■ 1. The authority citation for part 234
pathway grade crossings, and for taking See delegation from the Secretary to the
Administrator of FRA at 49 CFR 1.89(a). continues to read as follows:
certain actions in response to those
calls. Under the separate authority of the Authority: 49 U.S.C. 20103, 20107, 20152,
Federal Civil Penalties Inflation 20160, 21301, 21304, 21311, 22501 note; Pub.
DATES: Effective May 28, 2015. Adjustment Act of 1990 as amended, L. 110–432, Div. A., Sec. 202; 28 U.S.C. 2461,
FOR FURTHER INFORMATION CONTACT: Beth FRA has periodically adjusted for note; and 49 CFR 1.89.
Crawford, Transportation Specialist, inflation the amounts of the minimum, ■ 2. Amend appendix A to part 234 by:
Grade Crossing Safety and Trespass ordinary maximum, and aggravated
■ a. Adding, after the end of the entry
Prevention, Office of Safety Analysis, maximum civil penalties for a violation
for subpart D, an entry for subpart E;
FRA, 1200 New Jersey Avenue SE., Mail of this part. Public Law 101–410, 104
Stop 25, Washington, DC 20590 Stat. 890, 28 U.S.C. 2461, note, as ■ b. Revising footnote 1; and
wreier-aviles on DSK5TPTVN1PROD with RULES
(telephone: 202–493–6288), amended by Section 31001(s)(1) of the ■ c. Adding footnotes 2, 3, 4, 5, 6, and
beth.crawford@dot.gov; or Sara Debt Collection Improvement Act of 7, to read as follows:
VerDate Sep<11>2014 16:43 May 27, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\28MYR1.SGM 28MYR1](https://thefederalregister.org/doc/80_FR_30466/page/1.svg)
![Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations 30367
APPENDIX A TO PART 234—SCHEDULE OF CIVIL PENALTIES 1—Continued
Willful
Section Violation violation
(a)(1)–(9) Railroad fails to maintain in its records the minimum information required for each ENS report
received ......................................................................................................................................................... 2,500 5,000
(c)(1)–(2) Responsible railroad(s) fail(s) to record in writing an appointment of a railroad, pursuant to
§ 234.306, or properly retain a copy of the document .................................................................................. 2,500 5,000
(d)(1) Railroad fails to properly retain records ................................................................................................. 2,500 5,000
(d)(2) Railroad fails to provide FRA access to records .................................................................................... 2,500 5,000
234.315 Electronic recordkeeping:
(a)–(b) Railroad fails to comply with electronic recordkeeping requirements .................................................. 2,500 5,000
1A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to
$105,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. To facilitate the assessment of penalty amounts, the
specific types of violations of a given section are sometimes designated by the paragraph of the section (e.g., ‘‘(a)’’) and a code not cor-
responding to the legal citation for the violation (e.g., ‘‘(1)’’), so that the complete citation in the penalty schedule is e.g., ‘‘(a)(1).’’ FRA reserves
the right to revise the citation of the violation in the Summary of Alleged Violations issued by FRA in the event of litigation.
2 Either this section or the parallel section of subpart C of this part may be cited, but not both.
3 FRA does not plan to assess civil penalties against a third-party telephone service, under § 234.307(c) or (e). However, FRA plans to assess
violations against the dispatching and maintaining railroads for failing to ensure that the third-party telephone service complies with the require-
ments of §§ 234.307, 234.313, or 234.315, if applicable. See § 234.307(a), (b), (e).
4 For a violation of § 234.307(d)(4), a penalty should be assessed for the specific type of violation according to the penalty schedule for a viola-
tion of § 234.305.
5 For a violation of § 234.307(e) pertaining to recordkeeping, a penalty should be assessed for the specific type of violation in the penalty
schedule for a violation of §§ 234.313 or 234.315, as applicable.
6 FRA reserves the right to cite a violation for each item of required information omitted from a sign.
7 FRA reserves the right to cite a violation for each physical characteristic that is nonconforming.
Issued in Washington, DC, on May 21, addition, this rule includes additional Background
2015. gear marking requirements for those NMFS published an amendment to
Sarah Feinberg, waters allowing single traps as well as the Atlantic Large Whale Take
Acting Administrator. two new high use areas for humpback Reduction Plan (Plan) on June 27, 2014
[FR Doc. 2015–12775 Filed 5–27–15; 8:45 am] whales (Megaptera novaeangliae) and (79 FR 36586) to address large whale
BILLING CODE 4910–06–P North Atlantic right whales (Eubalaena entanglement risks associated with
glacialis). vertical line (or buoy lines) from
DATES: This rule is effective May 28, commercial trap/pot fisheries. This
DEPARTMENT OF COMMERCE 2015, except for the amendment to amendment included gear
§ 229.32(b)(3), which is effective July 1, modifications, gear setting
National Oceanic and Atmospheric requirements, a seasonal closure
Administration 2015, and the amendment to
(Massachusetts Restricted Area) and
§ 229.32(b)(1)(i) and (ii), which is
gear marking for both the trap/pot and
50 CFR Part 229 effective September 1, 2015.
the gillnet fisheries.
[Docket No. 150122067–5453–02] ADDRESSES: Copies of the supporting In consultation with the Atlantic
documents for this action, as well as the Large Whale Take Reduction Team
RIN 0648–BE83 (Team), NMFS developed protocols for
Atlantic Large Whale Take Reduction
Team meeting summaries and considering modifications or
Taking of Marine Mammals Incidental exemptions to the regulations
to Commercial Fishing Operations; supporting documents, may be obtained
from the Plan Web site (http:// implementing the Plan. Following these
Atlantic Large Whale Take Reduction protocols, on August 18, 2014, the
Plan Regulations www.greateratlantic.fisheries.noaa.gov/
protected/whaletrp/index.html). Written Massachusetts Division of Marine
AGENCY: National Marine Fisheries comments regarding the burden hour Fisheries (DMF) submitted a proposal to
Service (NMFS), National Oceanic and estimates or other aspects of the modify the Massachusetts Bay
Atmospheric Administration (NOAA), collection of information requirements Restricted Area and to exempt several
Commerce. contained in this final rule can be areas from the gear setting requirements
ACTION: Final rule. to address safety and economic
submitted to Kimberly Damon-Randall,
concerns raised by their industry
SUMMARY: NMFS issues this final rule to NMFS, Greater Atlantic Regional
members.
amend the regulations implementing the Fisheries Office, 55 Great Republic Dr, The DMF proposal adequately
Atlantic Large Whale Take Reduction Gloucester, MA 10930 or Office of addressed the Team’s established
Plan. This action will change the Information and Regulatory Affairs by protocols and criteria for considering
minimum number of traps per trawl to email at OIRA_submissions@ modifications or exemptions to the
allow fishing with a single trap in omb.eop.gov. Plan’s regulations, which enabled
certain Massachusetts and Rhode Island NMFS to consult with the Team on the
wreier-aviles on DSK5TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: Kate
state waters; and modifies the Swails, NMFS Greater Atlantic Regional DMF proposal. We decided to address
requirement to use one endline on Fisheries Office, 978–282–8481, the modifications to the Massachusetts
trawls within certain areas in Kate.Swails@noaa.gov; or, Kristy Long, Restricted Area and the exemption of
Massachusetts state waters. Also, this the minimum number of traps per trawl
NMFS Office of Protected Resources,
rule creates a 1⁄4 mile buffer in waters requirements separately, beginning with
206–526–4792, Kristy.Long@noaa.gov.
surrounding certain islands in Maine to the Massachusetts Restricted Area. After
allow fishing with a single trap. In SUPPLEMENTARY INFORMATION: discussions with the Team, NMFS
VerDate Sep<11>2014 15:08 May 27, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\28MYR1.SGM 28MYR1](https://thefederalregister.org/doc/80_FR_30466/page/4.svg)
Document Created: 2018-02-21 10:33:41
Document Modified: 2018-02-21 10:33:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective May 28, 2015. | |
| Contact | Beth Crawford, Transportation Specialist, Grade Crossing Safety and Trespass Prevention, Office of Safety Analysis, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone: 202-493-6288), [email protected]; or Sara Mahmoud-Davis, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone: 202-366-1118), [email protected] | |
| FR Citation | 80 FR 30364 | |
| RIN Number | 2130-AC50 | |
| CFR Associated | Highway Safety; Penalties; Railroad Safety; Reporting and Recordkeeping Requirements and State and Local Governments |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR