81 FR 43105 - Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 127 (July 1, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 127 (July 1, 2016)
| Page Range | 43105-43114 | |
| FR Document | 2016-15641 |
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)] [Rules and Regulations] [Pages 43105-43114] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15641] ----------------------------------------------------------------------- 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, 237, 238, 239, 240, 241, 242, 243, 244, and 272 [Docket No. FRA-2016-0021; Notice No. 1] RIN 2130-AC59 Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum, maximum, and aggravated maximum penalties that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. In particular, FRA is increasing the minimum civil penalty per violation from $650 to $839, the ordinary maximum civil penalty per violation from $25,000 to $27,455, and the aggravated maximum civil penalty (i.e., the maximum civil penalty per violation where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury or has caused death or injury) from $105,000 to $109,819. DATES: This interim final rule is effective August 1, 2016. FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone 202-493-0273), [email protected]. SUPPLEMENTARY INFORMATION: On November 2, 2015, President Barack Obama signed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Act). Public Law 114-74, Sec. 701. This amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Act) that required each agency to (1) 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 (2) adjust those penalty amounts once every four years thereafter, to reflect inflation. See 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. Under the 2015 Inflation Act, agencies must make a catch-up adjustment for CMPs with the new penalty levels published by July 1, 2016, to take effect no later than August 1, 2016. In addition, agencies must make annual inflation adjustments, starting January 15, 2017, based on Office of Management and Budget (OMB) guidance. In the 2015 Inflation Act, Congress recognized the important role CMPs play in deterring violations of Federal laws, regulations, and orders and determined that inflation has diminished the impact of these penalties. In the Inflation Act, Congress countered the effect that inflation has had on the CMPs by having the agencies charged with enforcement responsibility administratively adjust the CMPs. FRA is authorized as the delegate of the Secretary of Transportation to enforce the Federal railroad safety statutes, regulations, and orders, including the civil penalty provisions codified primarily at 49 U.S.C. 213. See 49 U.S.C. 103 and 49 CFR 1.89; 49 U.S.C. 201-213. FRA currently has safety regulations in 33 parts of the CFR that contain the agency's authority to impose civil penalties if a person violates any requirement in the pertinent portion of a statute or the CFR. In this interim final rule, FRA is amending each of the separate regulatory provisions and the corresponding footnotes in each Schedule of Civil Penalties appended to those regulations to raise the minimum CMP to $839, ordinary maximum CMP to $27,455, and aggravated maximum CMP to $109,819. Where applicable, FRA is amending the corresponding appendices to those regulatory provisions which outline FRA enforcement policy. See 49 CFR part 209, app. A; 49 CFR part 228, app. A. [[Page 43106]] Description of the Adjustment Calculation The 2015 Inflation Act requires FRA to calculate the inflation adjustment by increasing the maximum CMP, or the range of minimum and maximum CMPs, based on the Consumer Price Index for the month of October 2015, not seasonally adjusted. The calculation uses multipliers to adjust the maximum CMP, or the range of minimum and maximum CMPs, based on the year the penalty was established or last adjusted by statute or regulation other than under the Inflation Act. FRA's minimum CMP ($500) was last adjusted by statute in 1992. See Rail Safety Enforcement and Review Act, Public Law 102-365, 106 Stat. 972 (Sept. 3, 1992), Sec. 4(a). The ordinary maximum CMP ($25,000) and aggravated maximum CMP ($100,000) were last adjusted by statute in 2008. See Rail Safety Improvement Act of 2008 (RSIA of 2008), Public Law 110-342, Div. A, 122 Stat. 4848, (Oct. 16, 2008), Sec. 302; 73 FR 79698 (Dec. 30, 2008). OMB guidance, M-16-06, ``Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' dated Feb. 24, 2016, states that after applying the multiplier, FRA must round the penalty levels to the nearest dollar.\1\ The 2015 Inflation Act also specifies that agencies shall not increase penalty levels by more than 150 percent of the corresponding levels in effect on November 2, 2015. The 150 percent limit applies to the amount of the increase. If the new amount or range of the increase exceeds 150 percent above the last reported level(s), the new amount or range should be reduced to 150 percent over the last reported level(s). The resulting penalty level(s) in that case would be 250 percent of the last reported level(s). --------------------------------------------------------------------------- \1\ Available at https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. See also Public Law 114-74, Sec. 701. --------------------------------------------------------------------------- Applying the inflation adjustment calculation, FRA determined the minimum CMP should be increased to $839; the ordinary maximum CMP should be increased to $27,455; and the aggravated maximum CMP should be increased to $109,819, as the following calculations show. Calculations To Determine CMP Updates for 2016 1. Minimum CMP of $650 Raised to $839 As the 2015 Inflation Act requires, FRA evaluated the minimum CMP and concluded it should increase to $839, as the next calculations show. The 1992 multiplier of 1.67728 (since the last update not for inflation was in 1992) times $500 equals $838.64, or $839 rounded to the nearest dollar. The statutory 150 percent ceiling would be $650 (the penalty level in effect on November 2, 2015, including Inflation Act increases), times 2.5, or $1,625. Because $839 is less than the $1,625 ceiling, the 150 percent limit does not apply. The inflation adjusted minimum penalty is $839, and applies to all the rail safety statutes, regulations, and orders. See appendix to this interim final rule. Thus, FRA's minimum CMP increases from $650 to $839. This new FRA minimum penalty will apply to violations that occur on or after August 1, 2016. 2. Ordinary Maximum CMP of $25,000 Raised to $27,455 As required by the 2015 Inflation Act, FRA evaluated the ordinary maximum CMP and determined it should increase to $27,455, as the following calculations show. The 2008 multiplier of 1.09819 (since the last update not for inflation was in 2008) times $25,000 equals $27,454.75, or $27,455 rounded to the nearest dollar. The statutory 150 percent ceiling would be $25,000 (the penalty level in effect on November 2, 2015, including Inflation Act increases), times 2.5, or $62,500. Because $27,455 is less than the $62,500 ceiling, the 150 percent limit does not apply. The inflation adjusted ordinary maximum penalty is $27,455, and applies to all the rail safety statutes, regulations, and orders. See appendix to this interim final rule. Therefore, the ordinary maximum CMP increases from $25,000 to $27,455. This new FRA ordinary maximum penalty will apply to violations that occur on or after August 1, 2016. 3. Aggravated Maximum CMP of $105,000 Raised to $109,819 FRA also evaluated the CMP for an aggravated violation and determined it should increase to $109,819, as the following calculations show. The 2008 multiplier of 1.09819 (since the last update not for inflation was in 2008) times $100,000 equals $109,819. The statutory 150 percent ceiling would be $105,000 (the penalty level in effect on November 2, 2015, including Inflation Act increases), times 2.5, or $262,500. Because $109,819 is less than the $262,500 ceiling, the 150 percent limit does not apply. The inflation adjusted aggravated maximum penalty is $109,819, and applies to all the rail safety statutes, regulations, and orders. See appendix to this interim final rule. Therefore, the aggravated maximum increases from $105,000 to $109,819. This new FRA aggravated maximum penalty will apply to violations that occur on or after August 1, 2016. Public Participation FRA is proceeding to an interim final rule without providing a notice of proposed rulemaking or an opportunity for public comment. The adjustments the 2015 Inflation Act requires are ministerial acts over which FRA has no discretion, making public comment unnecessary. As such, notice and comment procedures are ``impracticable, unnecessary, or contrary to the public interest'' within the meaning of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B). FRA is issuing these amendments as an interim 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 interim final rule. Regulatory Impact A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures This interim final rule has been evaluated consistent with Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT policies and procedures. It is not considered a significant regulatory action under section 3(f) of Executive Order 12866. The rule is expected to have minimal economic impacts. Additionally, FRA has no discretion to change the amount by which the CMPs are updated due to the clear direction in the 2015 Inflation Act and OMB memorandum M-16-06. Further, this rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034; Feb. 26, 1979) because it is limited to ministerial acts on which the agency has no discretion, and the economic impact of the interim final rule is minimal to the extent that preparation of a regulatory evaluation is not warranted. B. Regulatory Flexibility Act and Executive Order 13272 The Regulatory Flexibility Act of 1980 (RFA), Public Law 96-354, as amended, and codified as amended at 5 U.S.C. 601-612, and Executive Order 13272 (Proper Consideration of Small Entities in Agency Rulemaking), require agency review of proposed and final rules to assess their impact on ``small entities'' for purposes of the RFA. An agency must prepare a regulatory flexibility [[Page 43107]] analysis unless it determines and certifies that a rule is not expected to have a significant economic impact on a substantial number of small entities. FRA does not expect this interim final rule will have a significant economic impact on a substantial number of small entities. Although this interim final 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. In addition, FRA has determined the RFA does not apply to this rulemaking. The 2015 Inflation Act requires FRA to publish an interim final rule and does not require FRA to complete notice and comment procedures under the APA. The Small Business Administration's A Guide for Government Agencies: How To Comply With the Regulatory Flexibility Act (2003), provides that: If, under the APA or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an NPRM is not required, the RFA does not apply. Therefore, because the 2015 Inflation Act does not require an NPRM for this rulemaking, the RFA does not apply. C. Federalism This interim 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, consistent with Executive Order 13132 (Federalism), preparation of a Federalism assessment is not warranted. D. Paperwork Reduction Act There are no new information collection requirements in this interim final rule to submit for OMB review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). E. Unfunded Mandates Reform Act of 1995 This final rule will not result in the expenditure, in the aggregate, of $156,000,000 or more in any one year by State, local, or Indian Tribal governments, or the private sector. Thus, consistent with Section 202 of the Unfunded Mandates Reform Act of 1995 (Pub.L. 104-4, 2 U.S.C. 1532), preparation of a written statement detailing the effect of such an expenditure is not warranted. F. Environmental Impact FRA has evaluated this interim final rule under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other environmental statutes, related regulatory requirements, and its ``Procedures for Considering Environmental Impacts'' (FRA's Procedures) (64 FR 28545; May 26, 1999). FRA has determined that this interim final rule is categorically excluded from detailed environmental review pursuant to section 4(c)(20) of FRA's NEPA Procedures, ``Promulgation of railroad safety rules and policy statements that do not result in significantly increased emissions of air or water pollutants or noise or increased traffic congestion in any mode of transportation.'' See 64 FR 28547 (May 26, 1999). Categorical exclusions (CEs) are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a CE, the agency must also consider whether extraordinary circumstances are present that would warrant a more detailed environmental review through the preparation of an EA or EIS. See id. Under section 4(c) and (e) of FRA's Procedures, FRA has further concluded that no extraordinary circumstances exist with respect to this regulation that might trigger the need for a more detailed environmental review. The purpose of this rulemaking is to comply with the Inflation Act, as amended by the 2015 Inflation Act. Specifically, FRA is adjusting the minimum, maximum, and aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. FRA does not anticipate any environmental impacts from this requirement and finds there are no extraordinary circumstances present in connection with this interim final rule. G. Executive Order 12898 (Environmental Justice) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and DOT Order 5610.2(a) (91 FR 27534; May 10, 2012) require DOT agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects, of their programs, policies, and activities on minority populations and low-income populations. The DOT Order instructs DOT agencies to address compliance with Executive Order 12898 and requirements within the DOT Order in rulemaking activities, as appropriate. FRA has evaluated this interim final rule under Executive Order 12898 and the DOT Order and has determined that it would not cause disproportionately high and adverse human health and environmental effects on minority populations or low-income populations. H. Executive Order 13175 (Tribal Consultation) FRA has evaluated this interim final rule under the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, dated November 6, 2000. The interim final rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal laws. Therefore, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. List of Subjects 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, Reporting and recordkeeping requirements. 49 CFR Part 217 Penalties, Railroad safety, Reporting and recordkeeping requirements. [[Page 43108]] 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 Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 224 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 227 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, State and local governments. 49 CFR Part 235 Administrative practice and procedure, Penalties, Railroad safety, Railroad signals, Reporting and recordkeeping requirements. 49 CFR Part 236 Penalties, Positive train control, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 237 Bridges, 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 242 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 243 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. 49 CFR Part 272 Penalties, Railroad employees, Railroad safety, Railroads, Safety, Transportation. The Interim Final Rule 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, 237, 238, 239, 240, 241, 242, 243, 244, and 272 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. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 209.409 [Amended] 0 2. Amend Sec. 209.409 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''. 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. 0 3. In appendix A to part 209, amend the section on ``Penalty Schedules: Assessment of Maximum Penalties'' by: 0 a. Redesignating the sixth through ninth paragraphs as the seventh through tenth paragraphs; 0 b. Adding a new sixth paragraph; 0 c. Revising the third sentence of the redesignated seventh paragraph; 0 d. Revising the first sentence of the redesignated tenth paragraph; and 0 e. Removing the second sentence of the redesignated tenth paragraph. The revisions and additions read as follows: Appendix A to Part 209--Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws * * * * * Penalty Schedules; Assessment of Maximum Penalties * * * * * On November 2, 2015, President Barack Obama signed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Act). Public Law 114-74, Sec. 701. Under the 2015 Inflation Act, agencies must make a catch-up adjustment for civil monetary penalties with the new penalty levels published by July 1, 2016, to take effect no later than August 1, 2016. Moving forward, agencies must make annual inflationary adjustments, starting January 15, 2017, based on Office of Management and Budget guidance. Under the 2015 Inflation Act, effective August 1, 2016, the minimum civil monetary penalty was raised from $650 to $839, the ordinary maximum civil monetary penalty was raised from $25,000 to $27,455, and the aggravated maximum civil monetary penalty was raised from $105,000 to $109,819. * * * For each regulation or order, the schedule shows two amounts within the $839 to $27,455 range in separate columns, the first for ordinary [[Page 43109]] violations, the second for willful violations (whether committed by railroads or individuals). * * * * * * * * Accordingly, under each of the schedules (ordinarily in a footnote), and regardless of the fact that a lesser amount might be shown in both columns of the schedule, FRA reserves the right to assess the statutory maximum penalty of up to $109,819 per violation where a pattern of repeated violations or a grossly negligent violation has created an imminent hazard of death or injury or has caused death or injury. * * * * * * * * Appendix B to Part 209--[Amended] 0 4. In appendix B to part 209, amend footnote 1 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. 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; Sec. 403, Div. A, Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 213.15 [Amended] 0 6. In Sec. 213.15, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix B to Part 213--[Amended] 0 7. In appendix B to part 213, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 214--[AMENDED] 0 8. The authority citation for part 214 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 21301, 31304; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 214.5 [Amended] 0 9. Amend Sec. 214.5 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 214--[Amended] 0 10. In appendix A to part 214, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 215--[AMENDED] 0 11. The authority citation for part 215 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 215.7 [Amended] 0 12. Amend Sec. 215.7 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix B to Part 215--[Amended] 0 13. In appendix B to part 215, amend footnote 1 as follows: 0 a. Remove the numerical amount ``$16,000'' and add in its place the numerical amount ``$27,455''; and 0 b. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. PART 216--[AMENDED] 0 14. The authority citation for part 216 is revised 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 1.89. Sec. 216.7 [Amended] 0 15. Amend Sec. 216.7 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. PART 217--[AMENDED] 0 16. The authority citation for part 217 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 217.5 [Amended] 0 17. Amend Sec. 217.5 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 217--[Amended] 0 18. In appendix A to part 217, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 218--[AMENDED] 0 19. The authority citation for part 218 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 218.9 [Amended] 0 20. Amend Sec. 218.9 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 218--[Amended] 0 21. In appendix A to part 218, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 219--[AMENDED] 0 22. The authority citation for part 219 continues to read as follows: Authority: 49 U.S.C. 20102-20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 219.9 [Amended] 0 23. In Sec. 219.9, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 219--[Amended] 0 24. In appendix A to part 219, amend footnote 1 by removing the numerical [[Page 43110]] amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 220--[AMENDED] 0 25. The authority citation for part 220 is revised to read as follows: Authority: 49 U.S.C. 20102-20103, 20103, note, 20107, 21301- 21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 220.7 [Amended] 0 26. Amend Sec. 220.7 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix C to Part 220--[Amended] 0 27. In appendix C to part 220, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 221--[AMENDED] 0 28. The authority citation for part 221 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 221.7 [Amended] 0 29. Amend Sec. 221.7 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix C to Part 221--[Amended] 0 30. In appendix C to part 221, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 222--[AMENDED] 0 31. The authority citation for part 222 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 222.11 [Amended] 0 32. Amend Sec. 222.11 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix H to Part 222--[Amended] 0 33. In appendix H to part 222, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819'' 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 1.89. Sec. 223.7 [Amended] 0 35. Amend Sec. 223.7 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix B to Part 223--[Amended] 0 36. In appendix B to part 223, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. 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 1.89. Sec. 224.11 [Amended] 0 38. In Sec. 224.11, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 224--[Amended] 0 39. In appendix A to part 224, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 225--[AMENDED] 0 40. The authority citation for part 225 continues 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 1.89. Sec. 225.29 [Amended] 0 41. Amend Sec. 225.29 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 225--[Amended] 0 42. In appendix A to part 225, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 227--[AMENDED] 0 43. 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 1.89. Sec. 227.9 [Amended] 0 44. In Sec. 227.9, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix G to Part 227--[Amended] 0 45. In appendix G to part 227, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 228--[AMENDED] 0 46. The authority citation for part 228 is revised to read as follows: Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; Sec. 108, Div. A, Public Law 110-432, 122 Stat. 4860-4866, 4893-4894; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 228.6 [Amended] 0 47. In Sec. 228.6, amend paragraph (a) as follows: [[Page 43111]] 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 228--[Amended] 0 48. In appendix A to part 228, below the heading ``GENERAL PROVISIONS,'' amend the ``Penalty'' paragraph by adding two sentences to read as follows: Appendix A to Part 228--Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation * * * * * General Provisions * * * * * Penalty. * * * Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, effective August 1, 2016, the minimum penalty was raised from $650 to $839, the ordinary maximum penalty was raised from $25,000 to $27,455, and the aggravated maximum penalty was raised from $105,000 to $109,819. See Public Law 114-74, Sec. 701, November 2, 2015. * * * * * Appendix B to Part 228--[Amended] 0 49. In appendix B to part 228, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 229--[AMENDED] 0 50. The authority citation for part 229 continues to read as follows: Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 229.7 [Amended] 0 51. In Sec. 229.7, amend paragraph (b) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix B to Part 229--[Amended] 0 52. In appendix B to part 229, amend footnote 1 as follows: 0 a. Remove the numerical amount ``$16,000'' and add in its place the numerical amount ``$27,455''; and 0 b. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819'' PART 230--[AMENDED] 0 53. The authority citation for part 230 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 230.4 [Amended] 0 54. In Sec. 230.4, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. PART 231--[AMENDED] 0 55. The authority citation for part 231 is revised 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 1.89. Sec. 231.0 [Amended] 0 56. In Sec. 231.0, amend paragraph (f) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 231--[Amended] 0 57. In appendix A to part 231, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 232--[AMENDED] 0 58. 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 1.89. Sec. 232.11 [Amended] 0 59. In Sec. 232.11, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 232--[Amended] 0 60. In appendix A to part 232, amend footnote 1 as follows: 0 a. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 b. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. PART 233--[AMENDED] 0 61. The authority citation for part 233 continues to read as follows: Authority: 49 U.S.C. 504, 522, 20103, 20107, 20501-20505, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 233.11 [Amended] 0 62. Amend Sec. 233.11 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 233--[Amended] 0 63. In appendix A to part 233, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 234--[AMENDED] 0 64. 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. Sec. 234.6 [Amended] 0 65. In Sec. 234.6, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 234--[Amended] 0 66. In appendix A to part 234, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. [[Page 43112]] PART 235--[AMENDED] 0 67. 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 1.89. Sec. 235.9 [Amended] 0 68. Amend Sec. 235.9 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 235--[Amended] 0 69. In appendix A to part 235, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 236--[AMENDED] 0 70. The authority citation for part 236 continues to read as follows: Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157, 20301-20303, 20306, 20501-20505, 20701-20703, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 236.0 [Amended] 0 71. In Sec. 236.0, amend paragraph (f) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 236--[Amended] 0 72. In appendix A to part 236, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 237--[AMENDED] 0 73. The authority citation for part 237 is revised to read as follows: Authority: 49 U.S.C. 20102-20114; Public Law 110-432, Div. A, Sec. 417; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 237.7 [Amended] 0 74. In Sec. 237.7, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix B to Part 237--[Amended] 0 75. In appendix B to part 237, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 238--[AMENDED] 0 76. 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; and 49 CFR 1.89. Sec. 238.11 [Amended] 0 77. In Sec. 238.11, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 238--[Amended] 0 78. In appendix A to part 238, amend footnote 1 as follows: 0 a. Remove the numerical amount ``$16,000'' and add in its place the numerical amount ``$27,455''; and 0 b. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. PART 239--[AMENDED] 0 79. The authority citation for part 239 is revised 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 1.89. Sec. 239.11 [Amended] 0 80. Amend Sec. 239.11 as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 239--[Amended] 0 81. In appendix A to part 239, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 240--[AMENDED] 0 82. The authority citation for part 240 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 240.11 [Amended] 0 83. In Sec. 240.11, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 240--[Amended] 0 84. In appendix A to part 240, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 241--[AMENDED] 0 85. The authority citation for part 241 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461, note; 49 CFR 1.89. Sec. 241.15 [Amended] 0 86. In Sec. 241.15, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix B to Part 241--[Amended] 0 87. In appendix B to part 241, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 242--[AMENDED] 0 88. The authority citation for part 242 is revised to read as follows: Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. [[Page 43113]] Sec. 242.11 [Amended] 0 89. In Sec. 242.11, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 242--[Amended] 0 90. In appendix A to part 242, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. PART 243--[AMENDED] 0 91. The authority citation for part 243 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301- 20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 243.7 [Amended] 0 92. In Sec. 243.7, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$100,000'' and add in its place the numerical amount ``$109,819''. Appendix to Part 243--[Amended] 0 93. In appendix to part 243, amend footnote 1 by removing the numerical amount ``$100,000'' and adding in its place the numerical amount ``$109,819''. PART 244--[AMENDED] 0 94. The authority citation for part 244 is revised 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 1.89. Sec. 244.5 [Amended] 0 95. In Sec. 244.5, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$100,000'' and add in its place the numerical amount ``$109,819''. PART 272--[AMENDED] 0 96. The authority citation for part 272 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20109, note; 28 U.S.C. 2461, note; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110-432, 122 Stat. 4888. Sec. 272.11 [Amended] 0 97. In Sec. 272.11, amend paragraph (a) as follows: 0 a. Remove the numerical amount ``$650'' and add in its place the numerical amount ``$839''; 0 b. Remove the numerical amount ``$25,000'' and add in its place the numerical amount ``$27,455''; and 0 c. Remove the numerical amount ``$105,000'' and add in its place the numerical amount ``$109,819''. Appendix A to Part 272--[Amended] 0 98. In appendix A to part 272, amend footnote 1 by removing the numerical amount ``$105,000'' and adding in its place the numerical amount ``$109,819''. Corey Hill, Executive Director. Note: The following appendix will not appear in the Code of Federal Regulations. Appendix: Step-by-Step Calculations To Determine Civil Monetary Penalty Updates: 2016 These calculations follow guidance by the Office of Management and Budget, M-16-06, ``Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' dated Feb. 24, 2016. In brief, the minimum civil monetary penalty (CMP) increases from $650 to $839, the ordinary maximum CMP increases from $25,000 to $27,455, and the aggravated maximum CMP increases from $105,000 to $109,819 under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Minimum CMP The current minimum CMP was last adjusted by statute or regulation in 1992 ($500), other than for inflation. See Rail Safety Enforcement and Review Act, Public Law 102-365, 106 Stat. 972 (Sept. 3, 1992). Step 1 Determine the year and amount that the maximum penalty level or the range of minimum and maximum penalties was established or last adjusted by statute or regulation (exclude any previous adjustments made under the Inflation Adjustment Act); then, identify the corresponding multiplier from Table A, Column B.\2\ --------------------------------------------------------------------------- \2\ Table A is provided below. a. = Year 1992 b. = Multiplier 1.67728 c. = Penalty Level or Range $500 Step 2 Use the applicable multiplier (b.) to multiply the penalty level or range (c.) and achieve the penalty level or range adjusted for inflation (d.). Round to the nearest dollar. d. = (b.) x (c.) = Inflation-Adjusted Penalty Level or Range $838.64 Rounded to the nearest dollar $839 Step 3 Identify the penalty level(s) in effect on November 2, 2015, including Inflation Adjustment Act increases. e. = November 2, 2015, Penalty Level or Range $650 Step 4 Multiply the November 2, 2015 level(s) (e.) by 2.5 to achieve a 150 percent increase (f.). Round to the nearest dollar. f. = (e.) x 2.5 = 150 percent increase $1,625 Rounded to the nearest dollar $1,625 Step 5 Compare the amounts of (d.) and (f.). If the maximum penalty level or range in (d.) is larger than the maximum penalty level or range in (f.), the 150 percent limit applies, and the penalty level or range in (f.) should be selected. The new ``catchup'' penalty level is the lesser of (d.) or (f.): $839 This is the new maximum civil monetary penalty level (or range of minimum and maximum civil monetary penalty levels), which applies (apply) to any civil monetary penalties assessed on or after the effective date of the adjustment. Table A--2016 Civil Monetary Penalty Catch-Up Adjustment Multiplier by Calendar Year [Select multiplier based on the latest year when the penalty level was established (originally enacted by Congress) or last adjusted by statute or regulation (other than pursuant to the Inflation Adjustment Act before November 2, 2015)] ------------------------------------------------------------------------ A B ------------------------------------------------------------------------ Year Multiplier ------------------------------------------------------------------------ 1992........................................................ 1.67738 1993........................................................ 1.63238 1994........................................................ 1.59089 1995........................................................ 1.54742 1996........................................................ 1.50245 1997........................................................ 1.47177 1998........................................................ 1.45023 1999........................................................ 1.41402 2000........................................................ 1.36689 2001........................................................ 1.33842 2002........................................................ 1.31185 2003........................................................ 1.28561 2004........................................................ 1.24588 2005........................................................ 1.19397 2006........................................................ 1.17858 2007........................................................ 1.13833 2008........................................................ 1.09819 2009........................................................ 1.10020 2010........................................................ 1.08745 2011........................................................ 1.05042 2012........................................................ 1.02819 2013........................................................ 1.01838 [[Page 43114]] 2014........................................................ 1.00171 2015........................................................ 1.00000 ------------------------------------------------------------------------ Ordinary Maximum CMP The ordinary maximum CMP ($25,000) was last adjusted by statute or regulation in 2008. See RSIA of 2008, Public Law 110-342, Div. A, 122 Stat. 4848, (Oct. 16, 2008), Sec. 302; 73 FR 79698 (Dec. 30, 2008). Step 1 Determine the year and amount that the maximum penalty level or the range of minimum and maximum penalties was established or last adjusted by statute or regulation (exclude any previous adjustments made under the Inflation Adjustment Act); then, identify the corresponding multiplier from Table A, Column B. a. = Year 2008 b. = Multiplier 1.09819 c. = Penalty Level or Range $25,000 Step 2 Use the applicable multiplier (b.) to multiply the penalty level or range (c.) and achieve the penalty level or range adjusted for inflation (d.). Round to the nearest dollar. d. = (b.) x (c.) = Inflation-Adjusted Penalty Level or Range $27,454.75 Rounded to the nearest dollar $27,455 Step 3 Identify the penalty level(s) in effect on November 2, 2015, including Inflation Adjustment Act increases. e. = November 2, 2015, Penalty Level or Range $25,000 Step 4 Multiply the November 2, 2015 level(s) (e.) by 2.5 to achieve a 150 percent increase (f.). Round to the nearest dollar. f. = (e.) x 2.5 = 150 percent increase $62,500 Rounded to the nearest dollar $62,500 Step 5 Compare the amounts of (d.) and (f.). If the maximum penalty level or range in (d.) is larger than the maximum penalty level or range in (f.), the 150 percent limit applies, and the penalty level or range in (f.) should be selected. The new ``catchup'' penalty level is the lesser of (d.) or (f.): $27,455 This is the new maximum civil monetary penalty level (or range of minimum and maximum civil monetary penalty levels), which applies (apply) to any civil monetary penalties assessed on or after the effective date of the adjustment. Aggravated Maximum CMP The aggravated maximum CMP ($100,000) was last adjusted by statute or regulation in 2008. See RSIA of 2008, Public Law 110-342, Div. A, 122 Stat. 4848, (Oct. 16, 2008), Sec. 302; 73 FR 79698 (Dec. 30, 2008). Step 1 Determine the year and amount that the maximum penalty level or the range of minimum and maximum penalties was established or last adjusted by statute or regulation (exclude any previous adjustments made under the Inflation Adjustment Act); then, identify the corresponding multiplier from Table A, Column B. a. = Year 2008 b. = Multiplier 1.09819 c. = Penalty Level or Range $100,000 Step 2 Use the applicable multiplier (b.) to multiply the penalty level or range (c.) and achieve the penalty level or range adjusted for inflation (d.). Round to the nearest dollar. d. = (b.) x (c.) = Inflation-Adjusted Penalty Level or Range $109,819 Rounded to the nearest dollar $109,819 Step 3 Identify the penalty level(s) in effect on November 2, 2015, including Inflation Adjustment Act increases. e. = November 2, 2015, Penalty Level or Range $105,000 Step 4 Multiply the November 2, 2015 level(s) (e.) by 2.5 to achieve a 150 percent increase (f.). Round to the nearest dollar. f. = (e.) x 2.5 = 150 percent increase $262,500 Rounded to the nearest dollar $262,500 Step 5 Compare the amounts of (d.) and (f.). If the maximum penalty level or range in (d.) is larger than the maximum penalty level or range in (f.), the 150 percent limit applies, and the penalty level or range in (f.) should be selected. The new ``catchup'' penalty level is the lesser of (d.) or (f.): $109,819 This is the new maximum civil monetary penalty level (or range of minimum and maximum civil monetary penalty levels), which applies (apply) to any civil monetary penalties assessed on or after the effective date of the adjustment. [FR Doc. 2016-15641 Filed 6-30-16; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43105
Guideline
49 CFR Section Description amount 2
—IM portable tank, cite § 173.24(f) and use the penalty amounts for tank cars: Residue, generally,
§ 173.29(a) and, loaded, § 173.31(d).
—Residue adhering to outside of package (i.e., portable tanks, tank cars, etc.). ...... 5,000
173.24(c) ................................................... Use of package not meeting specifications, including required stencils and markings. The most spe-
cific section for the package involved should be cited (see below). The penalty guideline should be
adjusted for the size of the container. Any actual leak will aggravate the guideline by, typically, 50%;
a leak with contact with a human being will aggravate by at least 100%, up to the maximum of
$77,114, and up to $179,933 if the violation results in death, serious illness or injury or substantial
destruction of property.
—Small bottle or box. .................................................................................................. 1,000
—55-gallon drum. ........................................................................................................ 2,500
—Larger container, e.g., IBC; not portable tank or tank car, but this section is appli- 5,000
cable to a hopper car..
For more specific sections: Tank cars–§ 173.31(a), portable tanks–§ 173.32, and IM portable tanks–
§§ 173.32a, 173.32b, and 173.32c.
* * * * *
2A person who knowingly violates the hazardous material transportation law or a regulation, order, special permit, or approval issued there-
under, is subject to a civil penalty of up to $77,114 for each violation, except that the maximum civil penalty for a violation is $179,933 if the vio-
lation results in death, serious illness, or severe injury to any person or substantial destruction of property; and a minimum $463 civil penalty ap-
plies to a violation related to training. Each day that the violation continues is a separate offense. 49 U.S.C. 5123; 28 U.S.C. 2461, note.
Corey Hill, violation from $25,000 to $27,455, and 1, 2016. In addition, agencies must
Executive Director. the aggravated maximum civil penalty make annual inflation adjustments,
[FR Doc. 2016–15642 Filed 6–30–16; 8:45 am] (i.e., the maximum civil penalty per starting January 15, 2017, based on
BILLING CODE 4910–06–P violation where a grossly negligent Office of Management and Budget
violation or a pattern of repeated (OMB) guidance.
violations has created an imminent In the 2015 Inflation Act, Congress
DEPARTMENT OF TRANSPORTATION hazard of death or injury or has caused recognized the important role CMPs
death or injury) from $105,000 to play in deterring violations of Federal
Federal Railroad Administration $109,819. laws, regulations, and orders and
DATES: This interim final rule is determined that inflation has
49 CFR Parts 209, 213, 214, 215, 216,
effective August 1, 2016. diminished the impact of these
217, 218, 219, 220, 221, 222, 223, 224,
225, 227, 228, 229, 230, 231, 232, 233, FOR FURTHER INFORMATION CONTACT: penalties. In the Inflation Act, Congress
234, 235, 236, 237, 238, 239, 240, 241, Veronica Chittim, Trial Attorney, Office countered the effect that inflation has
242, 243, 244, and 272 of Chief Counsel, FRA, 1200 New Jersey had on the CMPs by having the agencies
Avenue SE., Mail Stop 10, Washington, charged with enforcement responsibility
[Docket No. FRA–2016–0021; Notice No. 1] DC 20590 (telephone 202–493–0273), administratively adjust the CMPs.
RIN 2130–AC59 veronica.chittim@dot.gov. FRA is authorized as the delegate of
SUPPLEMENTARY INFORMATION: On the Secretary of Transportation to
Implementation of the Federal Civil November 2, 2015, President Barack enforce the Federal railroad safety
Penalties Inflation Adjustment Act Obama signed the Federal Civil statutes, regulations, and orders,
Improvements Act for a Violation of a Penalties Inflation Adjustment Act including the civil penalty provisions
Federal Railroad Safety Law or Federal Improvements Act of 2015 (the 2015 codified primarily at 49 U.S.C. 213. See
Railroad Administration Safety Inflation Act). Public Law 114–74, Sec. 49 U.S.C. 103 and 49 CFR 1.89; 49
Regulation or Order 701. This amended the Federal Civil U.S.C. 201–213. FRA currently has
AGENCY: Federal Railroad Penalties Inflation Adjustment Act of safety regulations in 33 parts of the CFR
Administration (FRA), Department of 1990 (Inflation Act) that required each that contain the agency’s authority to
Transportation (DOT). agency to (1) adjust by regulation each impose civil penalties if a person
ACTION: Interim final rule. maximum civil monetary penalty violates any requirement in the
(CMP), or range of minimum and pertinent portion of a statute or the CFR.
SUMMARY: To comply with the Federal maximum CMPs, within that agency’s In this interim final rule, FRA is
Civil Penalties Inflation Adjustment Act jurisdiction by October 23, 1996, and (2) amending each of the separate
of 1990, as amended by the Federal adjust those penalty amounts once every regulatory provisions and the
Civil Penalties Inflation Adjustment Act four years thereafter, to reflect inflation. corresponding footnotes in each
Improvements Act of 2015, FRA is See Public Law 101–410, 104 Stat. 890, Schedule of Civil Penalties appended to
adjusting the minimum, maximum, and 28 U.S.C. 2461, note, as amended by those regulations to raise the minimum
asabaliauskas on DSK3SPTVN1PROD with RULES
aggravated maximum penalties that it Section 31001(s)(1) of the Debt CMP to $839, ordinary maximum CMP
will apply when assessing a civil Collection Improvement Act of 1996, to $27,455, and aggravated maximum
penalty for a violation of a railroad Public Law 104–134, 110 Stat. 1321– CMP to $109,819. Where applicable,
safety statute, regulation, or order under 373, April 26, 1996. Under the 2015 FRA is amending the corresponding
its authority. In particular, FRA is Inflation Act, agencies must make a appendices to those regulatory
increasing the minimum civil penalty catch-up adjustment for CMPs with the provisions which outline FRA
per violation from $650 to $839, the new penalty levels published by July 1, enforcement policy. See 49 CFR part
ordinary maximum civil penalty per 2016, to take effect no later than August 209, app. A; 49 CFR part 228, app. A.
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![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43107
analysis unless it determines and F. Environmental Impact interrelated social and economic effects,
certifies that a rule is not expected to FRA has evaluated this interim final of their programs, policies, and
have a significant economic impact on rule under the National Environmental activities on minority populations and
a substantial number of small entities. Policy Act (NEPA; 42 U.S.C. 4321 et low-income populations. The DOT
FRA does not expect this interim final seq.), other environmental statutes, Order instructs DOT agencies to address
rule will have a significant economic related regulatory requirements, and its compliance with Executive Order 12898
impact on a substantial number of small ‘‘Procedures for Considering and requirements within the DOT Order
entities. Although this interim final rule Environmental Impacts’’ (FRA’s in rulemaking activities, as appropriate.
will apply to railroads and others that Procedures) (64 FR 28545; May 26, FRA has evaluated this interim final
are considered small entities, there is no 1999). FRA has determined that this rule under Executive Order 12898 and
economic impact on any person who interim final rule is categorically the DOT Order and has determined that
complies with the Federal railroad excluded from detailed environmental it would not cause disproportionately
safety laws and the regulations and review pursuant to section 4(c)(20) of high and adverse human health and
orders issued under those laws. FRA’s NEPA Procedures, ‘‘Promulgation environmental effects on minority
In addition, FRA has determined the of railroad safety rules and policy populations or low-income populations.
RFA does not apply to this rulemaking. statements that do not result in H. Executive Order 13175 (Tribal
The 2015 Inflation Act requires FRA to significantly increased emissions of air Consultation)
publish an interim final rule and does or water pollutants or noise or increased
not require FRA to complete notice and traffic congestion in any mode of FRA has evaluated this interim final
comment procedures under the APA. transportation.’’ See 64 FR 28547 (May rule under the principles and criteria
The Small Business Administration’s A 26, 1999). Categorical exclusions (CEs) contained in Executive Order 13175,
Guide for Government Agencies: How are actions identified in an agency’s Consultation and Coordination with
To Comply With the Regulatory NEPA implementing procedures that do Indian Tribal Governments, dated
Flexibility Act (2003), provides that: not normally have a significant impact November 6, 2000. The interim final
If, under the APA or any rule of general on the environment and therefore do not rule would not have a substantial direct
applicability governing federal grants to state require either an environmental effect on one or more Indian tribes,
and local governments, the agency is assessment (EA) or environmental would not impose substantial direct
required to publish a general notice of impact statement (EIS). See 40 CFR compliance costs on Indian tribal
proposed rulemaking (NPRM), the RFA must 1508.4. governments, and would not preempt
be considered [citing 5 U.S.C. 604(a)] . . . . tribal laws. Therefore, the funding and
In analyzing the applicability of a CE,
If an NPRM is not required, the RFA does not
the agency must also consider whether consultation requirements of Executive
apply.
extraordinary circumstances are present Order 13175 do not apply, and a tribal
Therefore, because the 2015 Inflation that would warrant a more detailed summary impact statement is not
Act does not require an NPRM for this environmental review through the required.
rulemaking, the RFA does not apply. preparation of an EA or EIS. See id. List of Subjects
C. Federalism Under section 4(c) and (e) of FRA’s
Procedures, FRA has further concluded 49 CFR Part 209
This interim final rule will not have that no extraordinary circumstances
a substantial effect on the States, on the exist with respect to this regulation that Administrative practice and
relationship between the national might trigger the need for a more procedure, Hazardous materials
government and the States, or the detailed environmental review. The transportation, Penalties, Railroad
distribution of power and purpose of this rulemaking is to comply safety, Reporting and recordkeeping
responsibilities among the various with the Inflation Act, as amended by requirements.
levels of government. Thus, consistent the 2015 Inflation Act. Specifically, FRA 49 CFR Part 213
with Executive Order 13132 is adjusting the minimum, maximum,
(Federalism), preparation of a and aggravated maximum penalty that it Bridges, Penalties, Railroad safety,
Federalism assessment is not warranted. will apply when assessing a civil Reporting and recordkeeping
penalty for a violation of a railroad requirements.
D. Paperwork Reduction Act
safety statute, regulation, or order under 49 CFR Part 214
There are no new information its authority. FRA does not anticipate
collection requirements in this interim any environmental impacts from this Bridges, Occupational safety and
final rule to submit for OMB review requirement and finds there are no health, Penalties, Railroad safety,
under the Paperwork Reduction Act of extraordinary circumstances present in Reporting and recordkeeping
1995 (44 U.S.C. 3501 et seq.). connection with this interim final rule. requirements.
E. Unfunded Mandates Reform Act of G. Executive Order 12898 49 CFR Part 215
1995 (Environmental Justice)
Freight, Penalties, Railroad safety,
This final rule will not result in the Executive Order 12898, Federal
Reporting and recordkeeping
expenditure, in the aggregate, of Actions to Address Environmental
requirements.
$156,000,000 or more in any one year by Justice in Minority Populations and
asabaliauskas on DSK3SPTVN1PROD with RULES
State, local, or Indian Tribal Low-Income Populations, and DOT 49 CFR Part 216
governments, or the private sector. Order 5610.2(a) (91 FR 27534; May 10,
Thus, consistent with Section 202 of the 2012) require DOT agencies to achieve Penalties, Railroad safety, Reporting
Unfunded Mandates Reform Act of 1995 environmental justice as part of their and recordkeeping requirements.
(Pub.L. 104–4, 2 U.S.C. 1532), mission by identifying and addressing, 49 CFR Part 217
preparation of a written statement as appropriate, disproportionately high
detailing the effect of such an and adverse human health or Penalties, Railroad safety, Reporting
expenditure is not warranted. environmental effects, including and recordkeeping requirements.
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![43108 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
49 CFR Part 218 49 CFR Part 234 228, 229, 230, 231, 232, 233, 234, 235,
Occupational safety and health, Highway safety, Penalties, Railroad 236, 237, 238, 239, 240, 241, 242, 243,
Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping 244, and 272 of subtitle B, chapter II of
safety, Reporting and recordkeeping requirements, State and local title 49 of the Code of Federal
requirements. governments. Regulations are amended as follows:
49 CFR Part 219 49 CFR Part 235 PART 209—[AMENDED]
Alcohol abuse, Drug abuse, Drug Administrative practice and ■ 1. The authority citation for part 209
testing, Penalties, Railroad safety, procedure, Penalties, Railroad safety, continues to read as follows:
Reporting and recordkeeping Railroad signals, Reporting and
requirements, Safety, Transportation. Authority: 49 U.S.C. 5123, 5124, 20103,
recordkeeping requirements. 20107, 20111, 20112, 20114; 28 U.S.C. 2461,
49 CFR Part 220 49 CFR Part 236 note; and 49 CFR 1.89.
Penalties, Radio, Railroad safety, Penalties, Positive train control, § 209.409 [Amended]
Reporting and recordkeeping Railroad safety, Reporting and ■ 2. Amend § 209.409 as follows:
requirements. recordkeeping requirements. ■ a. Remove the numerical amount
49 CFR Part 221 49 CFR Part 237 ‘‘$650’’ and add in its place the
Penalties, Railroad safety, Reporting numerical amount ‘‘$839’’.
Bridges, Penalties, Railroad safety, ■ b. Remove the numerical amount
and recordkeeping requirements. Reporting and recordkeeping ‘‘$25,000’’ and add in its place the
49 CFR Part 222 requirements. numerical amount ‘‘$27,455’’; and
49 CFR Part 238 ■ c. Remove the numerical amount
Administrative practice and
procedure, Penalties, Railroad safety, ‘‘$105,000’’ and add in its place the
Fire prevention, Penalties, Railroad numerical amount ‘‘$109,819’’.
Reporting and recordkeeping safety, Reporting and recordkeeping
requirements. ■ 3. In appendix A to part 209, amend
requirements.
the section on ‘‘Penalty Schedules:
49 CFR Part 223 49 CFR Part 239 Assessment of Maximum Penalties’’ by:
Glazing standards, Penalties, Railroad ■ a. Redesignating the sixth through
Penalties, Railroad safety, Reporting
safety, Reporting and recordkeeping ninth paragraphs as the seventh through
and recordkeeping requirements.
requirements. tenth paragraphs;
49 CFR Part 240 ■ b. Adding a new sixth paragraph;
49 CFR Part 224 ■ c. Revising the third sentence of the
Administrative practice and
Penalties, Railroad safety, Reporting redesignated seventh paragraph;
procedure, Penalties, Railroad ■ d. Revising the first sentence of the
and recordkeeping requirements. employees, Railroad safety, Reporting redesignated tenth paragraph; and
49 CFR Part 225 and recordkeeping requirements. ■ e. Removing the second sentence of
Investigations, Penalties, Railroad 49 CFR Part 241 the redesignated tenth paragraph.
safety, Reporting and recordkeeping The revisions and additions read as
Communications, Penalties, Railroad follows:
requirements.
safety, Reporting and recordkeeping
49 CFR Part 227 requirements. Appendix A to Part 209—Statement of
Agency Policy Concerning Enforcement
Noise control, Occupational safety 49 CFR Part 242 of the Federal Railroad Safety Laws
and health, Penalties, Railroad safety,
Administrative practice and * * * * *
Reporting and recordkeeping
procedure, Penalties, Railroad
requirements. Penalty Schedules; Assessment of Maximum
employees, Railroad safety, Reporting
49 CFR Part 228 and recordkeeping requirements. Penalties
* * * * *
Penalties, Railroad employees, 49 CFR Part 243 On November 2, 2015, President Barack
Reporting and recordkeeping Obama signed the Federal Civil Penalties
requirements. Administrative practice and
procedure, Penalties, Railroad Inflation Adjustment Act Improvements Act
49 CFR Part 229 of 2015 (the 2015 Inflation Act). Public Law
employees, Railroad safety, Reporting
114–74, Sec. 701. Under the 2015 Inflation
Penalties, Railroad safety, Reporting and recordkeeping requirements. Act, agencies must make a catch-up
and recordkeeping requirements. 49 CFR Part 244 adjustment for civil monetary penalties with
the new penalty levels published by July 1,
49 CFR Part 230 Administrative practice and 2016, to take effect no later than August 1,
Penalties, Railroad safety, Reporting procedure, Penalties, Railroad safety, 2016. Moving forward, agencies must make
and recordkeeping requirements. Reporting and recordkeeping annual inflationary adjustments, starting
requirements. January 15, 2017, based on Office of
49 CFR Part 231 Management and Budget guidance. Under the
49 CFR Part 272 2015 Inflation Act, effective August 1, 2016,
Penalties, Railroad safety.
asabaliauskas on DSK3SPTVN1PROD with RULES
Penalties, Railroad employees, the minimum civil monetary penalty was
49 CFR Part 232 raised from $650 to $839, the ordinary
Railroad safety, Railroads, Safety,
maximum civil monetary penalty was raised
Penalties, Railroad safety, Reporting Transportation. from $25,000 to $27,455, and the aggravated
and recordkeeping requirements. maximum civil monetary penalty was raised
The Interim Final Rule
49 CFR Part 233 from $105,000 to $109,819. * * * For each
In consideration of the foregoing, regulation or order, the schedule shows two
Penalties, Railroad safety, Reporting parts 209, 213, 214, 215, 216, 217, 218, amounts within the $839 to $27,455 range in
and recordkeeping requirements. 219, 220, 221, 222, 223, 224, 225, 227, separate columns, the first for ordinary
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![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43109
violations, the second for willful violations ■ b. Remove the numerical amount § 217.5 [Amended]
(whether committed by railroads or ‘‘$25,000’’ and add in its place the
individuals). * * *
■ 17. Amend § 217.5 as follows:
numerical amount ‘‘$27,455’’; and ■ a. Remove the numerical amount
* * * * * ■ c. Remove the numerical amount ‘‘$650’’ and add in its place the
Accordingly, under each of the schedules ‘‘$105,000’’ and add in its place the numerical amount ‘‘$839’’;
(ordinarily in a footnote), and regardless of numerical amount ‘‘$109,819’’. ■ b. Remove the numerical amount
the fact that a lesser amount might be shown
in both columns of the schedule, FRA Appendix A to Part 214—[Amended] ‘‘$25,000’’ and add in its place the
reserves the right to assess the statutory numerical amount ‘‘$27,455’’; and
maximum penalty of up to $109,819 per ■ 10. In appendix A to part 214, amend ■ c. Remove the numerical amount
violation where a pattern of repeated footnote 1 by removing the numerical ‘‘$105,000’’ and add in its place the
violations or a grossly negligent violation has amount ‘‘$105,000’’ and adding in its numerical amount ‘‘$109,819’’.
created an imminent hazard of death or place the numerical amount
injury or has caused death or injury. * * * ‘‘$109,819’’. Appendix A to Part 217—[Amended]
* * * * * ■ 18. In appendix A to part 217, amend
PART 215—[AMENDED] footnote 1 by removing the numerical
Appendix B to Part 209—[Amended]
■ 11. The authority citation for part 215 amount ‘‘$105,000’’ and adding in its
■ 4. In appendix B to part 209, amend place the numerical amount
footnote 1 as follows: is revised to read as follows:
‘‘$109,819’’.
■ a. Remove the numerical amount Authority: 49 U.S.C. 20103, 20107; 28
‘‘$650’’ and add in its place the U.S.C. 2461, note; and 49 CFR 1.89. PART 218—[AMENDED]
numerical amount ‘‘$839’’;
■ b. Remove the numerical amount § 215.7 [Amended] ■ 19. The authority citation for part 218
‘‘$25,000’’ and add in its place the ■ 12. Amend § 215.7 as follows: is revised to read as follows:
numerical amount ‘‘$27,455’’; and ■ a. Remove the numerical amount Authority: 49 U.S.C. 20103, 20107; 28
■ c. Remove the numerical amount ‘‘$650’’ and add in its place the U.S.C. 2461, note; and 49 CFR 1.89.
‘‘$105,000’’ and add in its place the numerical amount ‘‘$839’’;
numerical amount ‘‘$109,819’’. ■ b. Remove the numerical amount § 218.9 [Amended]
‘‘$25,000’’ and add in its place the ■ 20. Amend § 218.9 as follows:
PART 213—[AMENDED] numerical amount ‘‘$27,455’’; and ■ a. Remove the numerical amount
■ c. Remove the numerical amount
■ 5. The authority citation for part 213 ‘‘$650’’ and add in its place the
‘‘$105,000’’ and add in its place the numerical amount ‘‘$839’’;
continues to read as follows: numerical amount ‘‘$109,819’’. ■ b. Remove the numerical amount
Authority: 49 U.S.C. 20102–20114 and ‘‘$25,000’’ and add in its place the
20142; Sec. 403, Div. A, Public Law 110–432, Appendix B to Part 215—[Amended]
122 Stat. 4885; 28 U.S.C. 2461, note; and 49
numerical amount ‘‘$27,455’’; and
■ 13. In appendix B to part 215, amend ■ c. Remove the numerical amount
CFR 1.89. footnote 1 as follows: ‘‘$105,000’’ and add in its place the
■ a. Remove the numerical amount
§ 213.15 [Amended] numerical amount ‘‘$109,819’’.
‘‘$16,000’’ and add in its place the
■ 6. In § 213.15, amend paragraph (a) as numerical amount ‘‘$27,455’’; and Appendix A to Part 218—[Amended]
follows: ■ b. Remove the numerical amount
■ a. Remove the numerical amount ■ 21. In appendix A to part 218, amend
‘‘$105,000’’ and add in its place the
‘‘$650’’ and add in its place the footnote 1 by removing the numerical
numerical amount ‘‘$109,819’’.
numerical amount ‘‘$839’’; amount ‘‘$105,000’’ and adding in its
■ b. Remove the numerical amount PART 216—[AMENDED] place the numerical amount
‘‘$25,000’’ and add in its place the ‘‘$109,819’’.
numerical amount ‘‘$27,455’’; and ■ 14. The authority citation for part 216
■ c. Remove the numerical amount is revised to read as follows: PART 219—[AMENDED]
‘‘$105,000’’ and add in its place the Authority: 49 U.S.C. 20102–20104, 20107, ■ 22. The authority citation for part 219
numerical amount ‘‘$109,819’’. 20111, 20133, 20701–20702, 21301–21302, continues to read as follows:
Appendix B to Part 213—[Amended] 21304; 28 U.S.C. 2461, note; and 49 CFR
1.89. Authority: 49 U.S.C. 20102–20103, 20107,
■ 7. In appendix B to part 213, amend 20140, 21301, 21304, 21311; 28 U.S.C. 2461,
footnote 1 by removing the numerical § 216.7 [Amended] note; and 49 CFR 1.89.
amount ‘‘$105,000’’ and adding in its ■ 15. Amend § 216.7 as follows: § 219.9 [Amended]
place the numerical amount ■ a. Remove the numerical amount
‘‘$109,819’’. ‘‘$650’’ and add in its place the ■ 23. In § 219.9, amend paragraph (a) as
numerical amount ‘‘$839’’; follows:
PART 214—[AMENDED] ■ b. Remove the numerical amount ■ a. Remove the numerical amount
‘‘$25,000’’ and add in its place the ‘‘$650’’ and add in its place the
■ 8. The authority citation for part 214 numerical amount ‘‘$27,455’’; and numerical amount ‘‘$839’’;
continues to read as follows: ■ c. Remove the numerical amount ■ b. Remove the numerical amount
Authority: 49 U.S.C. 20103, 20107, 21301, ‘‘$105,000’’ and add in its place the ‘‘$25,000’’ and add in its place the
asabaliauskas on DSK3SPTVN1PROD with RULES
31304; 28 U.S.C. 2461, note; and 49 CFR numerical amount ‘‘$109,819’’. numerical amount ‘‘$27,455’’; and
1.89. ■ c. Remove the numerical amount
PART 217—[AMENDED] ‘‘$105,000’’ and add in its place the
§ 214.5 [Amended] numerical amount ‘‘$109,819’’.
■ 9. Amend § 214.5 as follows: ■ 16. The authority citation for part 217
is revised to read as follows: Appendix A to Part 219—[Amended]
■ a. Remove the numerical amount
‘‘$650’’ and add in its place the Authority: 49 U.S.C. 20103, 20107; 28 ■ 24. In appendix A to part 219, amend
numerical amount ‘‘$839’’; U.S.C. 2461, note; and 49 CFR 1.89. footnote 1 by removing the numerical
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![43110 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
amount ‘‘$105,000’’ and adding in its ■ a. Remove the numerical amount PART 225—[AMENDED]
place the numerical amount ‘‘$650’’ and add in its place the
‘‘$109,819’’. numerical amount ‘‘$839’’; ■ 40. The authority citation for part 225
■ b. Remove the numerical amount continues to read as follows:
PART 220—[AMENDED] ‘‘$25,000’’ and add in its place the Authority: 49 U.S.C. 103, 322(a), 20103,
numerical amount ‘‘$27,455’’; and 20107, 20901–20902, 21301, 21302, 21311;
■ 25. The authority citation for part 220 ■ c. Remove the numerical amount 28 U.S.C. 2461, note; and 49 CFR 1.89.
is revised to read as follows: ‘‘$105,000’’ and add in its place the
Authority: 49 U.S.C. 20102–20103, 20103, numerical amount ‘‘$109,819’’. § 225.29 [Amended]
note, 20107, 21301–21302, 20701–20703, ■ 41. Amend § 225.29 as follows:
Appendix H to Part 222—[Amended]
21304, 21311; 28 U.S.C. 2461, note; and 49
■ a. Remove the numerical amount
CFR 1.89. ■ 33. In appendix H to part 222, amend ‘‘$650’’ and add in its place the
footnote 1 by removing the numerical numerical amount ‘‘$839’’;
§ 220.7 [Amended]
amount ‘‘$105,000’’ and adding in its ■ b. Remove the numerical amount
■ 26. Amend § 220.7 as follows: place the numerical amount ‘‘$109,819’’ ‘‘$25,000’’ and add in its place the
■ a. Remove the numerical amount numerical amount ‘‘$27,455’’; and
‘‘$650’’ and add in its place the PART 223—[AMENDED]
■ c. Remove the numerical amount
numerical amount ‘‘$839’’;
■ 34. The authority citation for part 223 ‘‘$105,000’’ and add in its place the
■ b. Remove the numerical amount
continues to read as follows: numerical amount ‘‘$109,819’’.
‘‘$25,000’’ and add in its place the
numerical amount ‘‘$27,455’’; and Authority: 49 U.S.C. 20102–20103, 20133, Appendix A to Part 225—[Amended]
20701–20702, 21301–21302, 21304; 28 U.S.C.
■ c. Remove the numerical amount
2461, note; and 49 CFR 1.89. ■ 42. In appendix A to part 225, amend
‘‘$105,000’’ and add in its place the
footnote 1 by removing the numerical
numerical amount ‘‘$109,819’’. § 223.7 [Amended]
amount ‘‘$105,000’’ and adding in its
Appendix C to Part 220—[Amended] ■ 35. Amend § 223.7 as follows: place the numerical amount
■ a. Remove the numerical amount ‘‘$109,819’’.
■ 27. In appendix C to part 220, amend ‘‘$650’’ and add in its place the
footnote 1 by removing the numerical numerical amount ‘‘$839’’; PART 227—[AMENDED]
amount ‘‘$105,000’’ and adding in its ■ b. Remove the numerical amount
place the numerical amount ‘‘$25,000’’ and add in its place the ■ 43. The authority citation for part 227
‘‘$109,819’’. numerical amount ‘‘$27,455’’; and is revised to read as follows:
■ c. Remove the numerical amount
Authority: 49 U.S.C. 20103, 20103, note,
PART 221—[AMENDED] ‘‘$105,000’’ and add in its place the 20701–20702; 28 U.S.C. 2461, note; and 49
numerical amount ‘‘$109,819’’. CFR 1.89.
■ 28. The authority citation for part 221
is revised to read as follows: Appendix B to Part 223—[Amended] § 227.9 [Amended]
Authority: 49 U.S.C. 20103, 20107; 28 ■ 36. In appendix B to part 223, amend ■ 44. In § 227.9, amend paragraph (a) as
U.S.C. 2461, note; and 49 CFR 1.89. footnote 1 by removing the numerical follows:
amount ‘‘$105,000’’ and adding in its ■ a. Remove the numerical amount
§ 221.7 [Amended]
place the numerical amount ‘‘$650’’ and add in its place the
■ 29. Amend § 221.7 as follows: ‘‘$109,819’’. numerical amount ‘‘$839’’;
■ a. Remove the numerical amount ■ b. Remove the numerical amount
‘‘$650’’ and add in its place the PART 224—[AMENDED]
‘‘$25,000’’ and add in its place the
numerical amount ‘‘$839’’; ■ 37. The authority citation for part 224 numerical amount ‘‘$27,455’’; and
■ b. Remove the numerical amount is revised to read as follows: ■ c. Remove the numerical amount
‘‘$25,000’’ and add in its place the ‘‘$105,000’’ and add in its place the
numerical amount ‘‘$27,455’’; and Authority: 49 U.S.C. 20103, 20107, 20148
and 21301; 28 U.S.C. 2461, note; and 49 CFR numerical amount ‘‘$109,819’’.
■ c. Remove the numerical amount 1.89.
‘‘$105,000’’ and add in its place the Appendix G to Part 227—[Amended]
numerical amount ‘‘$109,819’’. § 224.11 [Amended]
■ 45. In appendix G to part 227, amend
Appendix C to Part 221—[Amended] ■ 38. In § 224.11, amend paragraph (a) footnote 1 by removing the numerical
as follows: amount ‘‘$105,000’’ and adding in its
■ 30. In appendix C to part 221, amend ■ a. Remove the numerical amount place the numerical amount
footnote 1 by removing the numerical ‘‘$650’’ and add in its place the ‘‘$109,819’’.
amount ‘‘$105,000’’ and adding in its numerical amount ‘‘$839’’;
place the numerical amount ■ b. Remove the numerical amount PART 228—[AMENDED]
‘‘$109,819’’. ‘‘$25,000’’ and add in its place the
numerical amount ‘‘$27,455’’; and ■ 46. The authority citation for part 228
PART 222—[AMENDED] ■ c. Remove the numerical amount is revised to read as follows:
‘‘$105,000’’ and add in its place the Authority: 49 U.S.C. 103, 20103, 20107,
asabaliauskas on DSK3SPTVN1PROD with RULES
■ 31. The authority citation for part 222 numerical amount ‘‘$109,819’’. 21101–21109; Sec. 108, Div. A, Public Law
is revised to read as follows: 110–432, 122 Stat. 4860–4866, 4893–4894; 49
Appendix A to Part 224—[Amended]
Authority: 49 U.S.C. 20103, 20107, 20153, U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C.
21301, 21304; 28 U.S.C. 2461, note; and 49 ■ 39. In appendix A to part 224, amend 2461, note; and 49 CFR 1.89.
CFR 1.89. footnote 1 by removing the numerical
§ 228.6 [Amended]
amount ‘‘$105,000’’ and adding in its
§ 222.11 [Amended]
place the numerical amount ■ 47. In § 228.6, amend paragraph (a) as
■ 32. Amend § 222.11 as follows: ‘‘$109,819’’. follows:
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![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43111
■ a. Remove the numerical amount ■ b. Remove the numerical amount ■ c. Remove the numerical amount
‘‘$650’’ and add in its place the ‘‘$105,000’’ and add in its place the ‘‘$105,000’’ and add in its place the
numerical amount ‘‘$839’’; numerical amount ‘‘$109,819’’ numerical amount ‘‘$109,819’’.
■ b. Remove the numerical amount
PART 230—[AMENDED] Appendix A to Part 232—[Amended]
‘‘$25,000’’ and add in its place the
numerical amount ‘‘$27,455’’; and ■ 60. In appendix A to part 232, amend
■ 53. The authority citation for part 230
■ c. Remove the numerical amount
is revised to read as follows: footnote 1 as follows:
‘‘$105,000’’ and add in its place the ■ a. Remove the numerical amount
numerical amount ‘‘$109,819’’. Authority: 49 U.S.C. 20103, 20107, 20702; ‘‘$25,000’’ and add in its place the
28 U.S.C. 2461, note; and 49 CFR 1.89. numerical amount ‘‘$27,455’’; and
Appendix A to Part 228—[Amended]
§ 230.4 [Amended] ■ b. Remove the numerical amount
■ 48. In appendix A to part 228, below ‘‘$105,000’’ and add in its place the
■ 54. In § 230.4, amend paragraph (a) as
the heading ‘‘GENERAL PROVISIONS,’’ numerical amount ‘‘$109,819’’.
follows:
amend the ‘‘Penalty’’ paragraph by ■ a. Remove the numerical amount
adding two sentences to read as follows: PART 233—[AMENDED]
‘‘$650’’ and add in its place the
Appendix A to Part 228—Requirements numerical amount ‘‘$839’’; ■ 61. The authority citation for part 233
of the Hours of Service Act: Statement ■ b. Remove the numerical amount continues to read as follows:
of Agency Policy and Interpretation ‘‘$25,000’’ and add in its place the Authority: 49 U.S.C. 504, 522, 20103,
numerical amount ‘‘$27,455’’; and 20107, 20501–20505, 21301, 21302, 21311;
* * * * * ■ c. Remove the numerical amount 28 U.S.C. 2461, note; and 49 CFR 1.89.
General Provisions ‘‘$105,000’’ and add in its place the
* * * * * numerical amount ‘‘$109,819’’. § 233.11 [Amended]
Penalty. * * * Pursuant to the Federal ■ 62. Amend § 233.11 as follows:
Civil Penalties Inflation Adjustment Act PART 231—[AMENDED] ■ a. Remove the numerical amount
Improvements Act of 2015, effective August ‘‘$650’’ and add in its place the
1, 2016, the minimum penalty was raised ■ 55. The authority citation for part 231
is revised to read as follows: numerical amount ‘‘$839’’;
from $650 to $839, the ordinary maximum
penalty was raised from $25,000 to $27,455, ■ b. Remove the numerical amount
Authority: 49 U.S.C. 20102–20103, 20107, ‘‘$25,000’’ and add in its place the
and the aggravated maximum penalty was 20131, 20301–20303, 21301–21302, 21304;
raised from $105,000 to $109,819. See Public 28 U.S.C. 2461, note; and 49 CFR 1.89.
numerical amount ‘‘$27,455’’; and
Law 114–74, Sec. 701, November 2, 2015. ■ c. Remove the numerical amount
* * * * * § 231.0 [Amended] ‘‘$105,000’’ and add in its place the
■ 56. In § 231.0, amend paragraph (f) as numerical amount ‘‘$109,819’’.
Appendix B to Part 228—[Amended]
follows: Appendix A to Part 233—[Amended]
■ 49. In appendix B to part 228, amend ■ a. Remove the numerical amount
footnote 1 by removing the numerical ‘‘$650’’ and add in its place the ■ 63. In appendix A to part 233, amend
amount ‘‘$105,000’’ and adding in its numerical amount ‘‘$839’’; footnote 1 by removing the numerical
place the numerical amount ■ b. Remove the numerical amount amount ‘‘$105,000’’ and adding in its
‘‘$109,819’’. ‘‘$25,000’’ and add in its place the place the numerical amount
numerical amount ‘‘$27,455’’; and ‘‘$109,819’’.
PART 229—[AMENDED] ■ c. Remove the numerical amount
‘‘$105,000’’ and add in its place the PART 234—[AMENDED]
■ 50. The authority citation for part 229 numerical amount ‘‘$109,819’’.
continues to read as follows: ■ 64. The authority citation for part 234
Appendix A to Part 231—[Amended] continues to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103,
20107, 20901–02, 21301, 21301, 21302, ■ 57. In appendix A to part 231, amend Authority: 49 U.S.C. 20103, 20107, 20152,
21311; 28 U.S.C. 2461, note; and 49 CFR footnote 1 by removing the numerical 20160, 21301, 21304, 21311, 22501 note; Pub.
1.89. L. 110–432, Div. A., Sec. 202, 28 U.S.C. 2461,
amount ‘‘$105,000’’ and adding in its
note; and 49 CFR 1.89.
§ 229.7 [Amended] place the numerical amount
‘‘$109,819’’. § 234.6 [Amended]
■ 51. In § 229.7, amend paragraph (b) as
follows: ■ 65. In § 234.6, amend paragraph (a) as
PART 232—[AMENDED]
follows:
■ a. Remove the numerical amount
■ 58. The authority citation for part 232 ■ a. Remove the numerical amount
‘‘$650’’ and add in its place the
continues to read as follows: ‘‘$650’’ and add in its place the
numerical amount ‘‘$839’’;
Authority: 49 U.S.C. 20102–20103, 20107, numerical amount ‘‘$839’’;
■ b. Remove the numerical amount
20133, 20141, 20301–20303, 20306, 21301– ■ b. Remove the numerical amount
‘‘$25,000’’ and add in its place the ‘‘$25,000’’ and add in its place the
21302, 21304; 28 U.S.C. 2461, note; and 49
numerical amount ‘‘$27,455’’; and numerical amount ‘‘$27,455’’; and
CFR 1.89.
■ c. Remove the numerical amount
■ c. Remove the numerical amount
‘‘$105,000’’ and add in its place the § 232.11 [Amended] ‘‘$105,000’’ and add in its place the
asabaliauskas on DSK3SPTVN1PROD with RULES
numerical amount ‘‘$109,819’’. ■ 59. In § 232.11, amend paragraph (a) numerical amount ‘‘$109,819’’.
Appendix B to Part 229—[Amended] as follows:
Appendix A to Part 234—[Amended]
■ a. Remove the numerical amount
■ 52. In appendix B to part 229, amend ‘‘$650’’ and add in its place the ■ 66. In appendix A to part 234, amend
footnote 1 as follows: numerical amount ‘‘$839’’; footnote 1 by removing the numerical
■ a. Remove the numerical amount ■ b. Remove the numerical amount amount ‘‘$105,000’’ and adding in its
‘‘$16,000’’ and add in its place the ‘‘$25,000’’ and add in its place the place the numerical amount
numerical amount ‘‘$27,455’’; and numerical amount ‘‘$27,455’’; and ‘‘$109,819’’.
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![43112 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
PART 235—[AMENDED] ■ b. Remove the numerical amount amount ‘‘$105,000’’ and adding in its
‘‘$25,000’’ and add in its place the place the numerical amount
■ 67. The authority citation for part 235 numerical amount ‘‘$27,455’’; and ‘‘$109,819’’.
continues to read as follows: ■ c. Remove the numerical amount
Authority: 49 U.S.C. 20103, 20107; 28 ‘‘$105,000’’ and add in its place the PART 240—[AMENDED]
U.S.C. 2461, note; and 49 CFR 1.89. numerical amount ‘‘$109,819’’.
■ 82. The authority citation for part 240
§ 235.9 [Amended] Appendix B to Part 237—[Amended] is revised to read as follows:
■ 68. Amend § 235.9 as follows: ■ 75. In appendix B to part 237, amend Authority: 49 U.S.C. 20103, 20107, 20135,
■ a. Remove the numerical amount footnote 1 by removing the numerical 21301, 21304, 21311; 28 U.S.C. 2461, note;
‘‘$650’’ and add in its place the amount ‘‘$105,000’’ and adding in its and 49 CFR 1.89.
numerical amount ‘‘$839’’; place the numerical amount
■ b. Remove the numerical amount § 240.11 [Amended]
‘‘$109,819’’.
‘‘$25,000’’ and add in its place the ■ 83. In § 240.11, amend paragraph (a)
numerical amount ‘‘$27,455’’; and PART 238—[AMENDED] as follows:
■ c. Remove the numerical amount
■ 76. The authority citation for part 238 ■ a. Remove the numerical amount
‘‘$105,000’’ and add in its place the
continues to read as follows: ‘‘$650’’ and add in its place the
numerical amount ‘‘$109,819’’.
numerical amount ‘‘$839’’;
Authority: 49 U.S.C. 20103, 20107, 20133,
Appendix A to Part 235—[Amended] ■ b. Remove the numerical amount
20141, 20302–20303, 20306, 20701–20702,
■ 69. In appendix A to part 235, amend 21301–21302, 21304; 28 U.S.C. 2461, note; ‘‘$25,000’’ and add in its place the
footnote 1 by removing the numerical and 49 CFR 1.89. numerical amount ‘‘$27,455’’; and
amount ‘‘$105,000’’ and adding in its ■ c. Remove the numerical amount
§ 238.11 [Amended]
place the numerical amount ‘‘$105,000’’ and add in its place the
‘‘$109,819’’. ■ 77. In § 238.11, amend paragraph (a) numerical amount ‘‘$109,819’’.
as follows:
PART 236—[AMENDED] Appendix A to Part 240—[Amended]
■ a. Remove the numerical amount
‘‘$650’’ and add in its place the ■ 84. In appendix A to part 240, amend
■ 70. The authority citation for part 236 numerical amount ‘‘$839’’;
continues to read as follows: footnote 1 by removing the numerical
■ b. Remove the numerical amount amount ‘‘$105,000’’ and adding in its
Authority: 49 U.S.C. 20102–20103, 20107, ‘‘$25,000’’ and add in its place the place the numerical amount
20133, 20141, 20157, 20301–20303, 20306, numerical amount ‘‘$27,455’’; and ‘‘$109,819’’.
20501–20505, 20701–20703, 21301–21302, ■ c. Remove the numerical amount
21304; 28 U.S.C. 2461, note; and 49 CFR ‘‘$105,000’’ and add in its place the PART 241—[AMENDED]
1.89. numerical amount ‘‘$109,819’’.
§ 236.0 [Amended] Appendix A to Part 238—[Amended] ■ 85. The authority citation for part 241
■ 71. In § 236.0, amend paragraph (f) as is revised to read as follows:
follows: ■ 78. In appendix A to part 238, amend Authority: 49 U.S.C. 20103, 20107, 21301,
■ a. Remove the numerical amount footnote 1 as follows: 21304, 21311; 28 U.S.C. 2461, note; 49 CFR
‘‘$650’’ and add in its place the ■ a. Remove the numerical amount 1.89.
numerical amount ‘‘$839’’; ‘‘$16,000’’ and add in its place the
numerical amount ‘‘$27,455’’; and § 241.15 [Amended]
■ b. Remove the numerical amount
‘‘$25,000’’ and add in its place the ■ b. Remove the numerical amount ■ 86. In § 241.15, amend paragraph (a)
numerical amount ‘‘$27,455’’; and ‘‘$105,000’’ and add in its place the as follows:
■ c. Remove the numerical amount numerical amount ‘‘$109,819’’. ■ a. Remove the numerical amount
‘‘$105,000’’ and add in its place the ‘‘$650’’ and add in its place the
PART 239—[AMENDED]
numerical amount ‘‘$109,819’’. numerical amount ‘‘$839’’;
Appendix A to Part 236—[Amended] ■ 79. The authority citation for part 239 ■ b. Remove the numerical amount
is revised to read as follows: ‘‘$25,000’’ and add in its place the
■ 72. In appendix A to part 236, amend numerical amount ‘‘$27,455’’; and
footnote 1 by removing the numerical Authority: 49 U.S.C. 20102–20103, 20105–
20114, 20133, 21301, 21304, and 21311; 28 ■ c. Remove the numerical amount
amount ‘‘$105,000’’ and adding in its ‘‘$105,000’’ and add in its place the
U.S.C. 2461, note; and 49 CFR 1.89.
place the numerical amount numerical amount ‘‘$109,819’’.
‘‘$109,819’’. § 239.11 [Amended]
Appendix B to Part 241—[Amended]
PART 237—[AMENDED] ■ 80. Amend § 239.11 as follows:
■ a. Remove the numerical amount ■ 87. In appendix B to part 241, amend
■ 73. The authority citation for part 237 ‘‘$650’’ and add in its place the footnote 1 by removing the numerical
is revised to read as follows: numerical amount ‘‘$839’’; amount ‘‘$105,000’’ and adding in its
■ b. Remove the numerical amount place the numerical amount
Authority: 49 U.S.C. 20102–20114; Public
Law 110–432, Div. A, Sec. 417; 28 U.S.C. ‘‘$25,000’’ and add in its place the ‘‘$109,819’’.
asabaliauskas on DSK3SPTVN1PROD with RULES
2461, note; and 49 CFR 1.89. numerical amount ‘‘$27,455’’; and
■ c. Remove the numerical amount PART 242—[AMENDED]
§ 237.7 [Amended] ‘‘$105,000’’ and add in its place the
■ 74. In § 237.7, amend paragraph (a) as numerical amount ‘‘$109,819’’. ■ 88. The authority citation for part 242
follows: is revised to read as follows:
Appendix A to Part 239—[Amended]
■ a. Remove the numerical amount Authority: 49 U.S.C. 20103, 20107, 20135,
‘‘$650’’ and add in its place the ■ 81. In appendix A to part 239, amend 20138, 20162, 20163, 21301, 21304, 21311;
numerical amount ‘‘$839’’; footnote 1 by removing the numerical 28 U.S.C. 2461, note; and 49 CFR 1.89.
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§ 242.11 [Amended] PART 272—[AMENDED] Step 2
■ 89. In § 242.11, amend paragraph (a) Use the applicable multiplier (b.) to
as follows: ■ 96. The authority citation for part 272 multiply the penalty level or range (c.) and
■ a. Remove the numerical amount
continues to read as follows: achieve the penalty level or range adjusted
for inflation (d.). Round to the nearest dollar.
‘‘$650’’ and add in its place the Authority: 49 U.S.C. 20103, 20107, 20109,
numerical amount ‘‘$839’’; note; 28 U.S.C. 2461, note; 49 CFR 1.89; and d. = (b.) × (c.) = Inflation-Adjusted Penalty
sec. 410, Div. A, Pub. L. 110–432, 122 Stat. Level or Range
■ b. Remove the numerical amount
4888. $838.64 Rounded to the nearest dollar $839
‘‘$25,000’’ and add in its place the
numerical amount ‘‘$27,455’’; and Step 3
§ 272.11 [Amended]
■ c. Remove the numerical amount Identify the penalty level(s) in effect on
‘‘$105,000’’ and add in its place the ■ 97. In § 272.11, amend paragraph (a) November 2, 2015, including Inflation
numerical amount ‘‘$109,819’’. as follows: Adjustment Act increases.
■ a. Remove the numerical amount e. = November 2, 2015, Penalty Level or
Appendix A to Part 242—[Amended] ‘‘$650’’ and add in its place the Range $650
■ 90. In appendix A to part 242, amend numerical amount ‘‘$839’’;
■ b. Remove the numerical amount
Step 4
footnote 1 by removing the numerical Multiply the November 2, 2015 level(s) (e.)
‘‘$25,000’’ and add in its place the
amount ‘‘$105,000’’ and adding in its by 2.5 to achieve a 150 percent increase (f.).
numerical amount ‘‘$27,455’’; and
place the numerical amount Round to the nearest dollar.
■ c. Remove the numerical amount
‘‘$109,819’’. f. = (e.) × 2.5 = 150 percent increase $1,625
‘‘$105,000’’ and add in its place the
Rounded to the nearest dollar $1,625
PART 243—[AMENDED] numerical amount ‘‘$109,819’’.
Step 5
Appendix A to Part 272—[Amended]
■ 91. The authority citation for part 243 Compare the amounts of (d.) and (f.). If the
continues to read as follows: ■ 98. In appendix A to part 272, amend maximum penalty level or range in (d.) is
Authority: 49 U.S.C. 20103, 20107, 20131– footnote 1 by removing the numerical larger than the maximum penalty level or
amount ‘‘$105,000’’ and adding in its range in (f.), the 150 percent limit applies,
20155, 20162, 20301–20306, 20701–20702,
place the numerical amount and the penalty level or range in (f.) should
21301–21304, 21311; 28 U.S.C. 2461, note;
be selected.
and 49 CFR 1.89. ‘‘$109,819’’.
The new ‘‘catchup’’ penalty level is the lesser
§ 243.7 [Amended] Corey Hill, of (d.) or (f.): $839
■ 92. In § 243.7, amend paragraph (a) as Executive Director. This is the new maximum civil monetary
Note: The following appendix will not penalty level (or range of minimum and
follows:
appear in the Code of Federal maximum civil monetary penalty levels),
■ a. Remove the numerical amount
Regulations. which applies (apply) to any civil monetary
‘‘$650’’ and add in its place the penalties assessed on or after the effective
numerical amount ‘‘$839’’; Appendix: Step-by-Step Calculations To date of the adjustment.
■ b. Remove the numerical amount Determine Civil Monetary Penalty
‘‘$25,000’’ and add in its place the Updates: 2016 TABLE A—2016 CIVIL MONETARY
numerical amount ‘‘$27,455’’; and PENALTY CATCH-UP ADJUSTMENT
■ c. Remove the numerical amount These calculations follow guidance by the
Office of Management and Budget, M–16–06, MULTIPLIER BY CALENDAR YEAR
‘‘$100,000’’ and add in its place the
‘‘Implementation of the Federal Civil [Select multiplier based on the latest year
numerical amount ‘‘$109,819’’.
Penalties Inflation Adjustment Act when the penalty level was established
Appendix to Part 243—[Amended] Improvements Act of 2015,’’ dated Feb. 24, (originally enacted by Congress) or last ad-
2016. In brief, the minimum civil monetary justed by statute or regulation (other than
■ 93. In appendix to part 243, amend penalty (CMP) increases from $650 to $839, pursuant to the Inflation Adjustment Act be-
fore November 2, 2015)]
footnote 1 by removing the numerical the ordinary maximum CMP increases from
amount ‘‘$100,000’’ and adding in its $25,000 to $27,455, and the aggravated
maximum CMP increases from $105,000 to A B
place the numerical amount
‘‘$109,819’’. $109,819 under the Federal Civil Penalties Year Multiplier
Inflation Adjustment Act Improvements Act
PART 244—[AMENDED] of 2015. 1992 ............................................ 1.67738
Minimum CMP 1993 ............................................ 1.63238
■ 94. The authority citation for part 244 1994 ............................................ 1.59089
The current minimum CMP was last 1995 ............................................ 1.54742
is revised to read as follows: adjusted by statute or regulation in 1992 1996 ............................................ 1.50245
Authority: 49 U.S.C. 20103, 20107, 21301; ($500), other than for inflation. See Rail 1997 ............................................ 1.47177
5 U.S.C. 553 and 559; 28 U.S.C. 2461, note; Safety Enforcement and Review Act, Public 1998 ............................................ 1.45023
and 49 CFR 1.89. Law 102–365, 106 Stat. 972 (Sept. 3, 1992). 1999 ............................................ 1.41402
§ 244.5 [Amended] Step 1 2000 ............................................ 1.36689
2001 ............................................ 1.33842
■ 95. In § 244.5, amend paragraph (a) as Determine the year and amount that the 2002 ............................................ 1.31185
maximum penalty level or the range of
follows: 2003 ............................................ 1.28561
minimum and maximum penalties was 2004 ............................................ 1.24588
■ a. Remove the numerical amount
established or last adjusted by statute or
asabaliauskas on DSK3SPTVN1PROD with RULES
‘‘$650’’ and add in its place the 2005 ............................................ 1.19397
regulation (exclude any previous adjustments 2006 ............................................ 1.17858
numerical amount ‘‘$839’’; made under the Inflation Adjustment Act); 2007 ............................................ 1.13833
■ b. Remove the numerical amount then, identify the corresponding multiplier 2008 ............................................ 1.09819
‘‘$25,000’’ and add in its place the from Table A, Column B.2 2009 ............................................ 1.10020
numerical amount ‘‘$27,455’’; and a. = Year 1992 b. = Multiplier 1.67728 c. = 2010 ............................................ 1.08745
■ c. Remove the numerical amount Penalty Level or Range $500 2011 ............................................ 1.05042
‘‘$100,000’’ and add in its place the 2012 ............................................ 1.02819
numerical amount ‘‘$109,819’’. 2 Table A is provided below. 2013 ............................................ 1.01838
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![43114 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
TABLE A—2016 CIVIL MONETARY Step 3 a. = Year 2008 b. = Multiplier 1.09819 c. =
PENALTY CATCH-UP ADJUSTMENT Identify the penalty level(s) in effect on Penalty Level or Range $100,000
MULTIPLIER BY CALENDAR YEAR— November 2, 2015, including Inflation Step 2
Adjustment Act increases.
Continued Use the applicable multiplier (b.) to
e. = November 2, 2015, Penalty Level or
[Select multiplier based on the latest year Range $25,000 multiply the penalty level or range (c.) and
when the penalty level was established achieve the penalty level or range adjusted
(originally enacted by Congress) or last ad- Step 4 for inflation (d.). Round to the nearest dollar.
justed by statute or regulation (other than
pursuant to the Inflation Adjustment Act be-
Multiply the November 2, 2015 level(s) (e.) d. = (b.) × (c.) = Inflation-Adjusted Penalty
fore November 2, 2015)] by 2.5 to achieve a 150 percent increase (f.). Level or Range $109,819 Rounded to the
Round to the nearest dollar. nearest dollar $109,819
A B f. = (e.) × 2.5 = 150 percent increase $62,500
Rounded to the nearest dollar $62,500 Step 3
Year Multiplier Identify the penalty level(s) in effect on
Step 5
November 2, 2015, including Inflation
2014 ............................................ 1.00171 Compare the amounts of (d.) and (f.). If the Adjustment Act increases.
2015 ............................................ 1.00000 maximum penalty level or range in (d.) is
larger than the maximum penalty level or e. = November 2, 2015, Penalty Level or
range in (f.), the 150 percent limit applies, Range $105,000
Ordinary Maximum CMP
and the penalty level or range in (f.) should Step 4
The ordinary maximum CMP ($25,000) be selected.
was last adjusted by statute or regulation in Multiply the November 2, 2015 level(s) (e.)
The new ‘‘catchup’’ penalty level is the lesser
2008. See RSIA of 2008, Public Law 110–342, by 2.5 to achieve a 150 percent increase (f.).
of (d.) or (f.): $27,455
Div. A, 122 Stat. 4848, (Oct. 16, 2008), Sec. Round to the nearest dollar.
302; 73 FR 79698 (Dec. 30, 2008). This is the new maximum civil monetary
penalty level (or range of minimum and f. = (e.) × 2.5 = 150 percent increase $262,500
Step 1 maximum civil monetary penalty levels), Rounded to the nearest dollar $262,500
Determine the year and amount that the which applies (apply) to any civil monetary Step 5
maximum penalty level or the range of penalties assessed on or after the effective
minimum and maximum penalties was date of the adjustment. Compare the amounts of (d.) and (f.). If the
established or last adjusted by statute or maximum penalty level or range in (d.) is
Aggravated Maximum CMP larger than the maximum penalty level or
regulation (exclude any previous adjustments
made under the Inflation Adjustment Act); The aggravated maximum CMP ($100,000) range in (f.), the 150 percent limit applies,
then, identify the corresponding multiplier was last adjusted by statute or regulation in and the penalty level or range in (f.) should
from Table A, Column B. 2008. See RSIA of 2008, Public Law 110–342, be selected.
Div. A, 122 Stat. 4848, (Oct. 16, 2008), Sec.
a. = Year 2008 b. = Multiplier 1.09819 c. = 302; 73 FR 79698 (Dec. 30, 2008). The new ‘‘catchup’’ penalty level is the lesser
Penalty Level or Range $25,000 of (d.) or (f.): $109,819
Step 1 This is the new maximum civil monetary
Step 2
Determine the year and amount that the penalty level (or range of minimum and
Use the applicable multiplier (b.) to maximum penalty level or the range of maximum civil monetary penalty levels),
multiply the penalty level or range (c.) and minimum and maximum penalties was which applies (apply) to any civil monetary
achieve the penalty level or range adjusted established or last adjusted by statute or
for inflation (d.). Round to the nearest dollar. penalties assessed on or after the effective
regulation (exclude any previous adjustments date of the adjustment.
d. = (b.) × (c.) = Inflation-Adjusted Penalty made under the Inflation Adjustment Act);
Level or Range $27,454.75 Rounded to the then, identify the corresponding multiplier [FR Doc. 2016–15641 Filed 6–30–16; 8:45 am]
nearest dollar $27,455 from Table A, Column B. BILLING CODE 4910–06–P
asabaliauskas on DSK3SPTVN1PROD with RULES
VerDate Sep<11>2014 16:44 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00132 Fmt 4700 Sfmt 9990 E:\FR\FM\01JYR1.SGM 01JYR1](https://thefederalregister.org/doc/81_FR_43232/page/10.svg)
Document Created: 2016-07-14 11:38:00
Document Modified: 2016-07-14 11:38:00
| 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 | Interim final rule. | |
| Dates | This interim final rule is effective August 1, 2016. | |
| Contact | Veronica Chittim, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone 202-493-0273), [email protected] | |
| FR Citation | 81 FR 43105 | |
| RIN Number | 2130-AC59 | |
| CFR Citation | 49
CFR
209 49 CFR 213 49 CFR 214 49 CFR 215 49 CFR 216 49 CFR 217 49 CFR 218 49 CFR 219 49 CFR 220 49 CFR 221 49 CFR 222 49 CFR 223 49 CFR 224 49 CFR 225 49 CFR 227 49 CFR 228 49 CFR 229 49 CFR 230 49 CFR 231 49 CFR 232 49 CFR 233 49 CFR 234 49 CFR 235 49 CFR 236 49 CFR 237 49 CFR 238 49 CFR 239 49 CFR 240 49 CFR 241 49 CFR 242 49 CFR 243 49 CFR 244 49 CFR 272 | |
| CFR Associated | Administrative Practice and Procedure; Hazardous Materials Transportation; Penalties; Railroad Safety; Reporting and Recordkeeping Requirements; Bridges; Occupational Safety and Health; Freight; Railroad Employees; Alcohol Abuse; Drug Abuse; Drug Testing; Safety; Transportation; Radio; Glazing Standards; Investigations; Noise Control; Highway Safety; State and Local Governments; Railroad Signals; Positive Train Control; Fire Prevention; Communications and Railroads |
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