81 FR 1289 - Adjustment to Rail Passenger Transportation Liability Cap

DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation

Federal Register Volume 81, Issue 6 (January 11, 2016)

This notice details the adjustment made to the rail passenger transportation liability cap under section 11415 of the Fixing America's Surface Transportation (FAST) Act (December 7, 2015). As a result of the FAST Act, the rail passenger transportation liability cap is raised from $200,000,000 to $294,278,983.

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Page 1289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00301]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation


Adjustment to Rail Passenger Transportation Liability Cap

AGENCY: Office of the Secretary of Transportation (OST), Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice details the adjustment made to the rail passenger 
transportation liability cap under section 11415 of the Fixing 
America's Surface Transportation (FAST) Act (December 7, 2015). As a 
result of the FAST Act, the rail passenger transportation liability cap 
is raised from $200,000,000 to $294,278,983.

DATES: This adjustment will go into effect 30 days after the date of 
publication of this notice.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, please contact Stephanie Lawrence, Office of Policy and 
Planning, Federal Railroad Administration, 1200 New Jersey Avenue SE., 
Mail Stop 20, Washington, DC 20590; Email: [email protected]; 
Phone: (202) 493-1376; Fax: (202) 493-6333.

SUPPLEMENTARY INFORMATION:
    Notice: The Department of Transportation is publishing the 
inflation adjusted index factors for the rail passenger transportation 
liability cap under 49 U.S.C. 28103(a)(2), as directed by section 11415 
of the FAST Act. The index methodology ensures that the allowable 
awards to all rail passengers, against all defendants, for all claims, 
including claims for punitive damages, arising from a single accident 
or incident is based on current dollars and is adjusted for inflation 
from the $200,000,000 cap that went into effect on December 2, 1997.
    Under the FAST Act, the index is adjusted to the date of enactment 
of the FAST Act using the Bureau of Labor Statistics (BLS) Consumer 
Price Index-All Urban Consumers. The index is based on the month of the 
original liability cap and the last full month prior to the enactment 
of the FAST Act on December 7, 2015 (December 1997 to November 2015, 
the last available month of the monthly index). Thereafter, the FAST 
Act directs the Secretary to update the liability cap every fifth year 
after the date of the FAST Act's enactment. The table below shows the 
Index and inflator FRA used to calculate an inflation adjusted amount 
of $294,278,983.

                      Passenger Liability Cap Inflation Adjusted Index and Inflation Factor
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                              Month                                    Index         Inflator      Liability cap
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December 1997...................................................          161.30            1.00    $200,000,000
November 2015...................................................          237.34            1.47     294,278,983
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    The adjustment of the rail passenger transportation liability cap 
to $294,278,983 shall be effective 30 days after the date of 
publication of this notice.

Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2016-00301 Filed 1-8-16; 8:45 am]
BILLING CODE 4910-06-P