Professional Documents
Culture Documents
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2137–0620 ........................................................ Inspection and Testing of Meter Provers ......... Part 173, Subpart A, § 173.5a.
Issued in Washington, DC, on June 2, 2005. 104 Stat. 890, 28 U.S.C. 2461, note, as CMP for a violation of the rail safety
Susan Gorsky, amended by Section 31001(s)(1) of the laws and regulations was established by
Acting Director, Office of Hazardous Debt Collection Improvement Act of the Rail Safety Improvement Act of
Materials Standards. 1996, Public Law 104–134, 110 Stat. 1988, which set a $10,000 limit for a
[FR Doc. 05–11399 Filed 6–7–05; 8:45 am] 1321–373, April 26, 1996. Congress CMP imposed for any ordinary
BILLING CODE 4910–60–P recognized the important role that CMPs violation, and a $20,000 limit for a
play in deterring violations of Federal grossly negligent violation (‘‘grossly
law and regulations and realized that negligent violation’’) or a pattern of
DEPARTMENT OF TRANSPORTATION inflation has diminished the impact of repeated violations that has created an
these penalties. In the Inflation Act, imminent hazard of death or injury or
Federal Railroad Administration Congress found a way to counter the caused death or injury. In 1998, after
effect that inflation has had on the applying the adjustment calculation in
49 CFR Parts 209, 213, 214, 215, 216, CMPs by having the agencies charged the Inflation Act, FRA determined that
217, 218, 219, 220, 221, 222, 223, 225, with enforcement responsibility the ordinary maximum CMP for any
228, 229, 230, 231, 232, 233, 234, 235, administratively adjust the CMPs. single violation needed to be increased
236, 238, 239, 240, 241, and 244 to $11,000 and that the maximum CMP
Calculation of the Adjustment
[Docket No. FRA–2004–17529; Notice No.
for grossly negligent violations needed
Under the Inflation Act, the inflation to be increased to $22,000. FRA
3]
adjustment is to be calculated by amended each of its regulations by final
RIN 2130–AB66 increasing the maximum CMP, or the rule to reflect the increased CMPs. 63
range of minimum and maximum CMPs, FR 11618.
Inflation Adjustment of Ordinary by the percentage that the Consumer The Rail Safety Enforcement and
Maximum Civil Monetary Penalty for a Price Index (CPI) for the month of June Review Act (RSERA) in 1992 increased
Violation of a Federal Railroad Safety of the calendar year preceding the the range of the minimum and
Law or Federal Railroad Administration adjustment (here, June 2004) exceeds maximum civil penalty from $1,000 to
Safety Regulation the CPI for the month of June of the last $10,000 and $20,000, respectively, for a
AGENCY: Federal Railroad calendar year in which the amount of violation of the hours of service laws,
Administration (FRA), Department of such penalty was last set or adjusted making these minimum and maximum
Transportation (DOT). (here, June 1998 for the ordinary penalty amounts uniform with those of
maximum). The Inflation Act also FRA’s other regulatory provisions. By
ACTION: Final rule.
specifies that the amount of the applying the same adjustment
SUMMARY: To comply with the Federal adjustment must be rounded to the calculation using the 1992 CPI, the
Civil Penalties Inflation Adjustment Act nearest multiple of $100 for a penalty maximum penalties for violations of the
of 1990, FRA is adjusting the ordinary between $100 and $1,000, or to the hours of service laws were raised to
maximum penalty that it will apply nearest multiple of $5,000 for a penalty equal those of the other rail safety laws
when assessing a civil penalty for a of more than $10,000 and less than or and regulations: $11,000 and $22,000.
violation of railroad safety statutes and equal to $100,000. The first adjustment RSERA also increased the minimum
regulations under its authority. In may not exceed an increase of ten CMP for all of the rail safety statutes and
particular, FRA is increasing the percent. FRA utilized Bureau of Labor regulations from $250 to $500. In 1998,
ordinary maximum civil penalty from Statistics data to calculate adjusted CMP FRA had applied the adjustment
$11,000 to $15,000. amounts. calculation in the Inflation Act to the
DATES: Effective July 8, 2005.
FRA is authorized as the delegate of minimum CMP and had determined that
the Secretary of Transportation to it would not need to be increased. In
FOR FURTHER INFORMATION CONTACT:
enforce the Federal railroad safety 2004, FRA by applying the adjustment
Carolina Mirabal, Trial Attorney, Office statutes and regulations, including the calculation using the June 2003 CPI
of Chief Counsel, FRA, 1120 Vermont civil penalty provisions at 49 U.S.C. ch. determined that the minimum CMP
Avenue, NW., Mail Stop 10, 213. 49 CFR 1.49; 49 U.S.C. ch. 201– should be increased from $500 to $550.
Washington, DC 20590 (telephone 202– 213. FRA currently has 27 regulations As required, FRA recently reevaluated
493–6043), that contain provisions that reference its the minimum CMP and concluded that
carolina.mirabal@fra.dot.gov. authority to impose civil penalties if a it should remain at $550, as the next
SUPPLEMENTARY INFORMATION: The person violates any requirement in the calculations show. The June 2004 CPI of
Federal Civil Penalties Inflation pertinent portion of a statute or the 568.2 divided by 568.2 (since the last
Adjustment Act of 1990 (Inflation Act) Code of Federal Regulations. In this update was in 2004) equals an inflation
requires that an agency adjust by final rule, FRA is amending each of factor of 1; $550 times 1 equals $550, or
regulation each maximum civil those separate regulatory provisions and an increase of zero. 69 FR 30591.
monetary penalty (CMP), or range of the corresponding footnotes in each FRA also reevaluated the CMP for a
minimum and maximum CMPs, within Schedule of Civil Penalties to raise the grossly negligent violation and
that agency’s jurisdiction by October 23, ordinary maximum CMP to $15,000. determined that it should remain at
1996 and adjust those penalty amounts With the exception of the penalties $27,000, as the following calculations
once every four years thereafter to relating to the hours of service laws (49 show. The June 2004 CPI of 568.2
reflect inflation. Public Law 101–410, U.S.C. ch. 211), the ordinary maximum divided by 568.2 (since the last update
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Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations 33381
was in 2004) equals an inflation factor with the Federal railroad safety laws ‘‘$11,000’’ and adding in its place the
of 1; $27,000 times 1 equals $27,000, or and the regulations and orders issued numerical amount ‘‘$15,000.’’
an increase of zero. 69 FR 30591. under those laws.
APPENDIX A TO PART 209—
In 2004, FRA had applied the
C. Federalism [AMENDED]
adjustment calculation in the Inflation
Act to the ordinary maximum CMP and This final rule will not have a ■ 3. Appendix A to part 209 is amended
concluded that it would not need to be substantial effect on the States, on the by removing the numerical amount
increased. 69 FR 30591. Now, applying relationship between the National ‘‘$11,000’’ in the third paragraph below
the adjustment calculation using the Government and the States, or the the heading ‘‘Penalty Schedules;
June 2004 CPI, FRA has determined that distribution of power and Assessment of Maximum Penalties,’’ and
the ordinary maximum CMP should be responsibilities among the various replacing it with the numerical amount
increased from $11,000 to $15,000, as levels of government. Thus, in ‘‘$15,000.’’
the next calculations show. accordance with Executive Order 13132,
The June 2004 CPI of 568.2 divided by preparation of a Federalism assessment PART 213—[AMENDED]
the June 1998 CPI of 488.2 equals an is not warranted.
inflation factor of 1.164; $11,000 times D. Paperwork Reduction Act ■ 4. The authority citation for part 213
1.164 equals $12,804, or an increase of continues to read as follows:
$1,804, which is rounded up to the There are no new information
collection requirements in this final Authority: 49 U.S.C. 20102–20114 and
nearest multiple of $5,000, raising the 20142; 28 U.S.C. 2461, note; and 49 CFR
ordinary maximum CMP to $15,000. rule. 1.49(m).
Because this is the second time that E. Compliance With the Unfunded
the ordinary maximum CMP has been § 213.15 [Amended]
Mandates Reform Act of 1995
adjusted under the Act, the ten-percent
cap on the increase does not apply. This The final rule issued today will not ■ 5. Paragraph (a) of § 213.15 is amended
new FRA ordinary maximum penalty result in the expenditure, in the by removing the numerical amount
will apply to violations that occur on or aggregate, of $120,700,000 or more in ‘‘$11,000’’ and adding in its place the
after July 8, 2005. any one year by State, local, or Indian numerical amount ‘‘$15,000.’’
tribal governments, or the private sector,
Public Participation and thus preparation of a statement is PART 214—[AMENDED]
FRA is proceeding to a final rule not required.
■ 6. The authority citation for part 214
without providing a notice of proposed F. Environmental Assessment continues to read as follows:
rulemaking or an opportunity for public
comment. The adjustments required by There are no significant Authority: 49 U.S.C. 20103, 20107; 28
the Act are ministerial acts over which environmental impacts associated with U.S.C. 2461, note; and 49 CFR 1.49.
FRA has no discretion, making public this final rule.
§ 214.5 [Amended]
comment unnecessary. FRA is issuing G. Energy Impact
these amendments as a final rule ■ 7. Section 214.5 is amended by
applicable to all future rail safety civil According to definitions set forth in removing the numerical amount
penalty cases under its authority. Executive Order 13211, there will be no ‘‘$11,000’’ and adding in its place the
significant energy action as a result of numerical amount ‘‘$15,000.’’
Regulatory Impact the issuance of this final rule.
A. Executive Order 12866 and DOT PART 215—[AMENDED]
List of Subjects in 49 CFR Parts 209,
Regulatory Policies and Procedures 213, 214, 215, 216, 217, 218, 219, 220,
221, 222, 223, 225, 228, 229, 230, 231, ■ 8. The authority citation for part 215
This rule has been evaluated in continues to read as follows:
accordance with existing policies and 232, 233, 234, 235, 236, 238, 239, 240,
procedures. It is not considered a 241, and 244 Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461, note; and 49 CFR 1.49.
significant regulatory action under Railroad Safety, Penalties.
section 3(f) of Executive Order 12866 § 215.7 [Amended]
and, therefore, was not reviewed by the The Final Rule
Office of Management and Budget. This ■ 9. Section 215.7 is amended by
■ In consideration of the foregoing, parts
rule is not significant under the removing the numerical amount
209, 213, 214, 215, 216, 217, 218, 219,
Regulatory Policies and Procedures of ‘‘$11,000’’ and adding in its place the
220, 221, 222, 223, 225, 228, 229, 230,
the Department of Transportation (44 FR numerical amount ‘‘$15,000.’’
231, 232, 233, 234, 235, 236, 238, 239,
11034) because it is limited to a 240, 241, and 244, of subtitle B, chapter
ministerial act on which the agency has PART 216—[AMENDED]
II of title 49 of the Code of Federal
no discretion. The economic impact of Regulations are amended as follows:
the final rule is minimal to the extent ■ 10. The authority citation for part 216
that preparation of a regulatory continues to read as follows:
PART 209—[AMENDED]
evaluation is not warranted. Authority: 49 U.S.C. 20102–20104, 20107,
■ 1. The authority citation for part 209 20111, 20133, 20701–20702, 21301–21302,
B. Regulatory Flexibility Determination continues to read as follows: 21304; 28 U.S.C. 2461, note; and 49 CFR
FRA certifies that this final rule will 1.49.
Authority: 49 U.S.C. 20103, 20107, 20111,
not have a significant economic impact 20112, 20114; 28 U.S.C. 2461, note; and 49 § 216.7 [Amended]
on a substantial number of small CFR 1.49.
entities. Although this rule will apply to ■ 11. Section 216.7 is amended by
§ 209.409 [Amended]
railroads and others that are considered removing the numerical amount
small entities, there is no economic ■ 2. Section 209.409 is amended by ‘‘$11,000’’ and adding in its place the
impact on any person who complies removing the numerical amount numerical amount ‘‘$15,000.’’
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33382 Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations
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Federal Register / Vol. 70, No. 109 / Wednesday, June 8, 2005 / Rules and Regulations 33383
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