Moving the Federal Railroad Administration (FRA) Civil Penalties Schedules and Guidelines From the Code of Federal Regulations (CFR) to the FRA Website

Published date23 May 2019
Citation84 FR 23730
Record Number2019-09979
SectionRules and Regulations
CourtFederal Railroad Administration
Federal Register, Volume 84 Issue 100 (Thursday, May 23, 2019)
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
                [Rules and Regulations]
                [Pages 23730-23737]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-09979]
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                DEPARTMENT OF TRANSPORTATION
                Federal Railroad Administration
                49 CFR Parts 209, 213, 214, 215, 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, 270, and 272
                [Docket No. FRA-2016-0090; Notice No. 1]
                RIN 2130-AC63
                Moving the Federal Railroad Administration (FRA) Civil Penalties
                Schedules and Guidelines From the Code of Federal Regulations (CFR) to
                the FRA Website
                AGENCY: FRA, U.S. Department of Transportation (DOT).
                ACTION: Final rule.
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                SUMMARY: To eliminate unnecessary costs and improve public access, FRA
                is removing its civil penalties schedules and guidelines from the CFR
                and publishing them on the FRA website.
                DATES: This final rule is effective May 23, 2019.
                FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Attorney, Safety Law
                Division, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE,
                Washington, DC 20590 (telephone 202-493-0273),
                [email protected].
                SUPPLEMENTARY INFORMATION: FRA is authorized as the delegate of the
                Secretary of Transportation (Secretary) to enforce the Federal railroad
                safety statutes, regulations, and orders, including the civil penalty
                provisions codified primarily at 49 U.S.C. ch. 213. See 49 U.S.C. 103
                and 49 CFR 1.89; 49 U.S.C. chs. 201-213. The Secretary also authorized
                FRA to enforce certain hazardous materials transportation statutes,
                regulations, and orders, including the civil penalty provisions,
                relating to railroad transportation. See 49 CFR 1.89; 49 U.S.C. ch.
                51.\1\ FRA currently has safety regulations in 34 parts of the CFR that
                contain provisions establishing the agency's authority to impose civil
                penalties if a person violates any requirement in the pertinent portion
                of a statute or the CFR, and 32 CFR parts containing FRA regulations
                include an appendix with a civil penalty schedule or guidelines.
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                 \1\ Civil penalties related to hazardous materials
                transportation statutes, regulations, or orders administered by
                other agencies, such as the Pipeline and Hazardous Materials Safety
                Administration, are not affected by this rule.
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                 Since 1988, FRA has included the civil penalties schedules or
                guidelines as an appendix in the corresponding CFR part. Civil
                penalties schedules and guidelines are not regulations nor are they
                subject to notice-and-comment requirements. They are merely policy
                statements that do not bind FRA. Instead, FRA retains full discretion
                to assess civil penalties for violations that are between the minimum
                and maximum amounts authorized by statute and adjusted for
                inflation.\2\ Yet, their place in the CFR has necessitated that any
                changes to them, including adjustments for inflation required by
                federal law, be published in the Federal Register.
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                 \2\ For railroad safety violations, the current statutory
                minimum civil penalty is $870, the ordinary maximum civil penalty is
                $28,474, and the aggravated maximum civil penalty is $113,894. See
                83 FR 60732 (Nov. 27, 2018). For hazardous materials violations, the
                current statutory minimum civil penalty (for violations relating to
                training) is $481, the ordinary maximum civil penalty is $79,976,
                and the aggravated maximum civil penalty is $186,610. Id.
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                 Like other federal agencies, FRA is charged by the page for each
                page in its segment of the CFR, namely title 49, parts 200-299.
                Currently, the annual rate is $85 per page.\3\ FRA, like other
                agencies, is also charged for each column it prints in the Federal
                Register, currently at a rate of $151 per column.\4\
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                 \3\ See GPO Circular Letter No. 1007 (June 4, 2018), available
                at https://www.gpo.gov/how-to-work-with-us/agency/circular-letters/open-requisitions-sf1-for-federal-register-and-code-of-federal-regulations.
                 \4\ Id.
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                 In this final rule, FRA is removing the civil penalties schedules
                and guidelines from 49 CFR parts 200-299 and updating references to the
                schedules and guidelines to reflect their new location on the FRA
                website, without substantive change.\5\ This move will end the
                unnecessary costs of amending the schedules and guidelines through the
                Federal Register and printing them in the CFR. At the same time,
                locating the schedules and guidelines on the FRA website will improve
                public access to those statements of agency policy and simplify
                enforcement by grouping all schedules and guidelines into one location.
                Changes for inflation to the minimum, maximum, and aggravated maximum
                penalty amounts will still be published in the Federal Register, as
                required by federal law.
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                 \5\ This final rule redirects any references to an appendix in
                the CFR that formerly contained civil penalties schedules and
                guidelines to FRA's website at www.fra.dot.gov. FRA's main website
                (www.fra.dot.gov) will contain a link to FRA's civil penalties
                guidance website (www.fra.dot.gov/Page/P1155) linking to a tabbed
                workbook containing each respective CFR part's civil penalties
                table. Language referring to either a ``statement of agency civil
                penalty policy'' or ``schedule of civil penalty amounts'' is
                maintained from the existing CFR. See, e.g., 49 CFR 214.5; 49 CFR
                222.11.
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                Public Participation
                 FRA is proceeding to a final rule without a notice of proposed
                rulemaking or an opportunity for public comment. The civil penalties
                schedules and guidelines, and therefore this rule to move those
                schedules and guidelines to FRA's website without substantive change,
                are general statements of policy. As such, the notice and comment
                procedures under the Administrative Procedure Act (APA), 5 U.S.C.
                553(b)(3)(A), do not apply.
                Regulatory Impact
                A. Executive Orders 12866, 13771, and DOT Regulatory Policies and
                Procedures
                 FRA evaluated this final rule consistent with Executive Order 12866
                (Regulatory Planning and Review), Executive Order 13771 (Reducing
                Regulation and Controlling Regulatory Costs), and DOT policies and
                procedures. See 44 FR 11034, Feb. 26, 1979; 76 FR 3821, Jan. 21, 2011;
                and 82 FR 9339, Jan. 30, 2017. In this final rule, FRA solely replaces
                statements of agency policy with references to the statements' new
                location on the FRA website, and is not a significant regulatory action
                under section 3(f) of Executive Order 12866.
                 FRA will realize cost savings from not printing the civil penalties
                schedules and guidelines in the yearly CFR revision, and therefore this
                rulemaking is a deregulatory action under Executive Order 13771.
                Counting the number of pages in the current CFR (as revised Oct. 1,
                2018) used by the civil penalties schedules and guidelines, FRA
                estimates 80.5 fewer pages would be printed in each CFR revision. The
                migration of the civil penalties schedules and guidelines is a one-time
                occurrence; however, the cost savings accrue annually, and therefore
                FRA
                [[Page 23731]]
                accounts for them as a yearly cost savings. Also, FRA will realize cost
                savings from not publishing civil penalty schedules in the Federal
                Register associated with new regulations and amendments to existing
                regulations. As mentioned, the annual updates for inflation only affect
                the minimum, maximum, and aggravated maximum penalties, which will
                continue to be published, resulting in no cost savings. To account for
                publishing fewer civil penalty schedules associated with new
                regulations, FRA estimates it published 5 new regulations in the
                Federal Register in the last 10 years, or one-half regulation per year.
                Each regulation had a corresponding civil penalty schedule occupying
                approximately 3 columns in the Federal Register, or 1.5 columns per
                one-half regulation per year. In addition, FRA estimates allocating 3
                columns per year will sufficiently cover changes to civil penalty
                schedules published for amendments to existing regulations, for a total
                Federal Register savings of 4.5 columns per year. The cost savings are
                monetized using the publication costs noted earlier, and illustrated in
                the table below. FRA uses a 10-year period of analysis in estimating
                future cost savings to reflect a reasonable regulatory cycle for new
                regulations and review of existing regulations.
                Table A-1--Cost Savings From Not Publishing Civil Monetary Penalty Schedules in the CFR and the Federal Register
                ----------------------------------------------------------------------------------------------------------------
                 Federal Register
                 CFR (80.5 pages (4.5 columns Total cost
                 Year @$85 per page) @$151 per savings
                 column)
                ----------------------------------------------------------------------------------------------------------------
                2019...................................................... $6,842.50 $679.50 $7,522.00
                2020...................................................... 6,842.50 679.50 7,522.00
                2021...................................................... 6,842.50 679.50 7,522.00
                2022...................................................... 6,842.50 679.50 7,522.00
                2023...................................................... 6,842.50 679.50 7,522.00
                2024...................................................... 6,842.50 679.50 7,522.00
                2025...................................................... 6,842.50 679.50 7,522.00
                2026...................................................... 6,842.50 679.50 7,522.00
                2027...................................................... 6,842.50 679.50 7,522.00
                2028...................................................... 6,842.50 679.50 7,522.00
                ----------------------------------------------------------------------------------------------------------------
                Total Undiscounted Cost Savings, Nominal...................................................... 75,220
                Present Value (PV) of Total Cost Savings Discounted at 7%..................................... 52,831
                Present Value (PV) of Total Cost Savings Discounted at 3%..................................... 64,164
                Total Annualized Cost Savings Using 7% Discount Rate.......................................... 7,522
                Total Annualized Cost Savings Using 3% Discount Rate.......................................... 7,522
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                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 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 final rule will have a significant economic
                impact on a substantial number of small entities. Although this final
                rule will apply to railroads, hazardous materials shippers, and others
                that are considered small entities, there is no economic impact on any
                person who complies or is required to comply with the Federal railroad
                safety laws and the regulations and orders issued under those laws, and
                the Federal hazardous materials laws and the regulations, special
                permits, approvals, and orders issued under those laws, because the
                rule does not change any penalty to which an entity could be subject.
                 In addition, FRA has determined the RFA does not apply to this
                rulemaking. FRA is not required to publish its civil penalty schedules
                and guidelines in the CFR, and the civil penalties schedules and
                guidelines are general statements of policy, thus the APA notice and
                comment procedures do not apply to the either penalty schedules
                themselves or the policy decision to change their location. 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 FRA is not required to publish the schedules and
                guidelines in the CFR, the RFA does not apply.
                C. Federalism
                 Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999),
                requires FRA to develop an accountable process to ensure ``meaningful
                and timely input by State and local officials in the development of
                regulatory policies that have federalism implications.'' ``Policies
                that have federalism implications'' are defined in the Executive Order
                to include regulations that have ``substantial direct effects on the
                States, on the relationship between the national government and the
                States, or on the distribution of power and responsibilities among the
                various levels of government.'' This 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, FRA is not required to prepare a
                Federalism assessment.
                D. Paperwork Reduction Act
                 There are no new information collection requirements in this final
                rule
                [[Page 23732]]
                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 $100,000,000 or more, adjusted for inflation, 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), FRA is not required
                to prepare a written statement detailing the effect of such an
                expenditure.
                F. Environmental Impact
                 FRA has evaluated this 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 NEPA Procedures) (64 FR
                28545, May 26, 1999). FRA has determined that this 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 warrant a more detailed
                environmental review through the preparation of an EA or EIS. See id.
                The purpose of this rulemaking is to make FRA-maintained civil penalty
                schedules and guidelines more easily available. Specifically, FRA is
                removing civil penalty schedules and guidelines under its authority
                from the CFR and replacing references to them with references to their
                new location on FRA's website. Under section 4(c) and (e) of FRA's NEPA
                Procedures, FRA has concluded no extraordinary circumstances exist with
                respect to this regulation that might trigger the need for a more
                detailed environmental review.
                 FRA does not anticipate any environmental impacts from this final
                rule and finds there are no extraordinary circumstances present in
                connection with this 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 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 final rule under the principles and criteria
                contained in Executive Order 13175, Consultation and Coordination with
                Indian Tribal Governments, dated November 6, 2000. The 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 FRA is not required to prepare a tribal summary impact statement.
                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 Parts 217, 221, 224, 229, 230, 232, 233, and 239
                 Penalties, Railroad safety, Reporting and recordkeeping
                requirements.
                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 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 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 231
                 Penalties, Railroad safety.
                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.
                [[Page 23733]]
                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 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 270
                 Penalties, Railroad safety, Reporting and recordkeeping
                requirements, System safety.
                49 CFR Part 272
                 Penalties, Railroad employees, Railroad safety, Railroads, Safety,
                Transportation.
                The Final Rule
                 In consideration of the foregoing, parts 209, 213, 214, 215, 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, 270, 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.
                0
                2. Revise the last sentence of Sec. 209.105(a) to read as follows:
                Sec. 209.105 Notice of probable violation.
                 (a) * * * FRA's website at www.fra.dot.gov contains guidelines used
                by the chief counsel in making initial penalty assessments.
                * * * * *
                0
                3. In appendix A to part 209, revise the section entitled ``Penalty
                Schedules; Assessment of Maximum Penalties'' to 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
                 As recommended by the Department of Transportation in its
                initial proposal for rail safety legislative revisions in 1987, the
                RSIA raised the maximum civil penalties for violations of the
                Federal rail safety laws, regulations, or orders. Id., secs. 3, 13-
                15, 17. Pursuant to sec. 16 of RSIA, the penalty for a violation of
                the Hours of Service Act was changed from a flat $500 to a penalty
                of up to $1,000, as the Secretary of Transportation deems
                reasonable. Under all the other statutes, and regulations and orders
                under those statutes, the maximum penalty was raised from $2,500 to
                $10,000 per violation, except that where a grossly negligent
                violation or a pattern of repeated violations has created an
                imminent hazard of death or injury to persons, or has caused death
                or injury, the penalty was raised to a maximum of $20,000 per
                violation (``the aggravated maximum penalty'').
                 The Rail Safety Enforcement and Review Act (RSERA), Pub. L. 102-
                365, 106 Stat. 972, enacted in 1992, increased the maximum penalty
                from $1,000 to $10,000, and provided for an aggravated maximum
                penalty of $20,000 for a violation of the Hours of Service Act,
                making these penalty amounts uniform with those of FRA's other
                safety laws, regulations, and orders. RSERA also increased the
                minimum civil monetary penalty from $250 to $500 for all of FRA's
                safety regulatory provisions and orders. Id., sec. 4(a).
                 The Federal Civil Penalties Inflation Adjustment Act of 1990,
                Pub. L. 101-410, 104 Stat. 890, note, as amended by Section
                31001(s)(1) of the Debt Collection Improvement Act of 1996 (Pub. L.
                104-134, 110 Stat. 1321-373, April 26, 1996) (Inflation Act)
                required that agencies adjust by regulation each minimum and maximum
                civil monetary penalty within the agency's jurisdiction for
                inflation and make subsequent adjustments once every four years
                after the initial adjustment. Accordingly, FRA's minimum and maximum
                civil monetary penalties have been periodically adjusted, pursuant
                to the Inflation Act, through rulemaking.
                 The Rail Safety Improvement Act of 2008 (``RSIA of 2008''),
                enacted October 16, 2008, raised FRA's civil monetary ordinary and
                aggravated maximum penalties to $25,000 and $100,000 respectively.
                FRA amended the civil penalty provisions in its regulations so as to
                make $25,000 the ordinary maximum penalty per violation and $100,000
                the aggravated maximum penalty per violation, as authorized by the
                RSIA of 2008, in a final rule published on December 30, 2008 in the
                Federal Register. The December 30, 2008 final rule also adjusted the
                minimum civil penalty from $550 to $650 pursuant to Inflation Act
                requirements. A correcting amendment to the civil penalty provisions
                in 49 CFR part 232 was published on April 6, 2009.
                 Effective June 25, 2012, the aggravated maximum penalty was
                raised from $100,000 to $105,000 pursuant to the Inflation Act.
                 On November 2, 2015, President Barack Obama signed the Federal
                Civil Penalties Inflation Adjustment Act Improvements Act of 2015
                (the 2015 Inflation Act). Pub. L. 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 April 3, 2017, the minimum civil
                monetary penalty was raised from $839 to $853, the ordinary maximum
                civil monetary penalty was raised from $27,455 to $27,904, and the
                aggravated maximum civil monetary penalty was raised from $109,819
                to $111,616. Effective November 27, 2018, the minimum civil monetary
                penalty was raised from $853 to $870, the ordinary maximum civil
                monetary penalty was raised from $27,904 to $28,474, and the
                aggravated maximum civil monetary penalty was raised from $111,616
                to $113,894.
                 FRA's traditional practice has been to issue penalty schedules
                assigning to each particular regulation or order specific dollar
                amounts for initial penalty assessments. The schedule (except where
                issued after notice and an opportunity for comment) constitutes a
                statement of agency policy and was historically issued as an
                appendix to the relevant part of the Code of Federal Regulations.
                Schedules are now published on FRA's website at www.fra.dot.gov. For
                each regulation or order, the schedule shows two amounts within the
                $870 to $28,474 range in separate columns, the first for ordinary
                violations, the second for willful violations (whether committed by
                railroads or individuals). In one instance--49 CFR part 231--the
                schedule refers to sections of the relevant FRA defect code rather
                than to sections of the CFR text. Of course, the defect code, which
                is simply a reorganized version of the CFR text used by FRA to
                facilitate computerization of inspection data, is substantively
                identical to the CFR text.
                 The schedule amounts are meant to provide guidance as to FRA's
                policy in predictable situations, not to bind FRA from using the
                full range of penalty authority where extraordinary circumstances
                warrant. The Senate report on the bill that became the RSIA stated:
                 It is expected that the Secretary would act expeditiously to set
                penalty levels commensurate with the severity of the violations,
                with imposition of the maximum
                [[Page 23734]]
                penalty reserved for violation of any regulation where warranted by
                exceptional circumstances. S. Rep. No. 100-153, 10th Cong., 2d Sess.
                8 (1987).
                 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 $113,894 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. FRA indicates in the penalty demand letter
                when it uses the higher penalty amount instead of the penalty amount
                listed in the schedule.
                * * * * *
                Appendix B to Part 209--[Amended]
                0
                4. Amend appendix B to part 209 by:
                0
                a. Removing ``49 CFR 172.200-.203'' and adding in its place ``49 CFR
                172.200 through 172.203''; and
                0
                b. Removing the heading ``Civil Penalty Assessment Guidelines'' and the
                two tables following the heading.
                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,
                Pub. L. 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR
                1.89.
                0
                6. Revise the last sentence of Sec. 213.15(a) to read as follows:
                Sec. 213.15 Penalties.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix B to Part 213--[Removed and Reserved]
                0
                7. Remove and reserve appendix B to part 213.
                PART 214--[AMENDED]
                0
                8. The authority citation for part 214 continues to read as follows:
                 Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304, 28
                U.S.C. 2461, note; and 49 CFR 1.89.
                0
                9. Revise the last sentence of Sec. 214.5 to read as follows:
                Sec. 214.5 Responsibility for compliance.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix A to Part 214--[Removed]
                0
                10. Remove appendix A to part 214.
                PART 215--[AMENDED]
                0
                11. The authority citation for part 215 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
                CFR 1.89.
                0
                12. Revise the last sentence of Sec. 215.7 to read as follows:
                Sec. 215.7 Prohibited acts.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix B to Part 215--[Removed and Reserved]
                0
                13. Remove and reserve appendix B to part 215.
                PART 217--[AMENDED]
                0
                14. The authority citation for part 217 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
                CFR 1.89.
                0
                15. Revise the last sentence of Sec. 217.5 to read as follows:
                Sec. 217.5 Penalty.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix A to Part 217--[Removed]
                0
                16. Remove appendix A to part 217.
                PART 218--[AMENDED]
                0
                17. The authority citation for part 218 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
                CFR 1.89.
                0
                18. Revise the last sentence of Sec. 218.9 to read as follows:
                Sec. 218.9 Civil penalty.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                0
                19. Revise Sec. 218.41 to read as follows:
                Sec. 218.41 Noncompliance with hump operations rule.
                 A person (including a railroad and any manager, supervisor,
                official, or other employee or agent of a railroad) who fails to comply
                with a railroad's operating rule issued pursuant to Sec. 218.39 is
                subject to a penalty. See FRA's website at www.fra.dot.gov for a
                statement of agency civil penalty policy.
                0
                20. Revise Sec. 218.55 to read as follows:
                Sec. 218.55 Tampering prohibited.
                 Any individual who willfully disables a safety device is subject to
                a civil penalty and to disqualification from performing safety-
                sensitive functions on a railroad if found unfit for such duties under
                the procedures provided for in 49 CFR part 209. See FRA's website at
                www.fra.dot.gov for a statement of agency civil penalty policy.
                0
                21. Revise Sec. 218.57 to read as follows:
                Sec. 218.57 Responsibilities of individuals.
                 Any individual who knowingly operates a train, or permits it to be
                operated, when the controlling locomotive of that train is equipped
                with a disabled safety device, is subject to a civil penalty and to
                disqualification from performing safety-sensitive functions on a
                railroad if found to be unfit for such duties. See appendix B to this
                part for a statement of agency enforcement policy concerning violations
                of this section. See FRA's website at www.fra.dot.gov for a statement
                of agency civil penalty policy.
                0
                22. Revise Sec. 218.59 to read as follows:
                Sec. 218.59 Responsibilities of railroads.
                 Any railroad that operates a train when the controlling locomotive
                of a train is equipped with a disabled safety device is subject to a
                civil penalty. See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix A to Part 218--[Removed and Reserved]
                0
                23. Remove and reserve appendix A to part 218.
                PART 219--[AMENDED]
                0
                24. The authority citation for part 219 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311;
                28 U.S.C. 2461, note; Sec. 412, Div. A, Pub. L. 110-432, 122 Stat.
                4889 (49 U.S.C. 20140, note); and 49 CFR 1.89.
                0
                25. Revise the last sentence of Sec. 219.10 to read as follows:
                Sec. 219.10 Penalties.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix A to Part 219--[Removed and Reserved]
                0
                26. Remove and reserve appendix A to part 219.
                PART 220--[AMENDED]
                0
                27. The authority citation for part 220 continues 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.
                0
                28. Revise the last sentence of Sec. 220.7 to read as follows:
                [[Page 23735]]
                Sec. 220.7 Penalty.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix C to Part 220--[Removed]
                0
                29. Remove appendix C to part 220.
                PART 221--[AMENDED]
                0
                30. The authority citation for part 221 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
                CFR 1.89.
                0
                31. Revise the last sentence of Sec. 221.7 to read as follows:
                Sec. 221.7 Civil penalty.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix C to Part 221--[Removed]
                0
                32. Remove appendix C to part 221.
                PART 222--[AMENDED]
                0
                33. The authority citation for part 222 continues 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.
                0
                34. Revise the section heading and last sentence of Sec. 222.11 to
                read as follows:
                Sec. 222.11 What are the penalties for failure to comply with this
                part?
                 * * * FRA's website at www.fra.dot.gov contains a schedule of civil
                penalty amounts used in connection with this part.
                Appendix H to Part 222--[Removed]
                0
                35. Remove appendix H to part 222.
                PART 223--[AMENDED]
                0
                36. 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.
                0
                37. Revise the last sentence of Sec. 223.7 to read as follows:
                Sec. 223.7 Responsibility.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix B to Part 223--[Removed]
                0
                 38. Remove appendix B to part 223.
                PART 224--[AMENDED]
                0
                39. The authority citation for part 224 continues 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.
                0
                40. Revise the last sentence of Sec. 224.11(a) to read as follows:
                Sec. 224.11 Penalties.
                 (a) * * * FRA's website at www.fra.dot.gov contains a schedule of
                civil penalty amounts used in connection with this part.
                * * * * *
                Appendix A to Part 224--[Removed and Reserved]
                0
                41. Remove and reserve appendix A to part 224.
                PART 225--[AMENDED]
                0
                42. The authority citation for part 225 is revised 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.
                0
                43. Revise the last sentence of Sec. 225.12(h)(1) to read as follows:
                Sec. 225.12 Rail Equipment Accident/Incident Reports alleging
                employee human factor as cause; Employee Human Factor Attachment;
                notice to employee; employee supplement.
                * * * * *
                 (h) * * *
                 (1) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                0
                44. Revise the third sentence of Sec. 225.29 to read as follows:
                Sec. 225.29 Penalties.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix A to Part 225--[Removed and Reserved]
                0
                45. Remove and reserve appendix A to part 225.
                PART 227--[AMENDED]
                0
                46. The authority citation for part 227 continues 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.
                0
                47. Revise the last sentence of Sec. 227.9(a) to read as follows:
                Sec. 227.9 Penalties.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix G to Part 227--[Removed]
                0
                48. Remove appendix G to part 227.
                PART 228--[AMENDED]
                0
                49. 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, Pub. L. 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.
                0
                50. Revise the third sentence of Sec. 228.6(a) to read as follows:
                Sec. 228.6 Penalties.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy. * * *
                * * * * *
                Appendix B to Part 228--[Removed and Reserved]
                0
                51. Remove and reserve appendix B to part 228.
                PART 229--[AMENDED]
                0
                52. 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.
                0
                53. Revise the last sentence of Sec. 229.7(b) to read as follows:
                Sec. 229.7 Prohibited acts and penalties.
                * * * * *
                 (b) * * * FRA's website at www.fra.dot.gov contains a statement of
                agency civil penalty policy.
                * * * * *
                Appendix B to Part 229--[Removed and Reserved]
                0
                54. Remove and reserve appendix B to part 229.
                PART 230--[AMENDED]
                0
                55. The authority citation for part 230 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note;
                and 49 CFR 1.89.
                Appendix D to Part 230--[Removed]
                0
                56. Remove appendix D to part 230.
                PART 231--[AMENDED]
                0
                 57. The authority citation for part 231 continues 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.
                0
                58. Revise the last sentence of Sec. 231.0(f) to read as follows:
                Sec. 231.0 Applicability and penalties.
                * * * * *
                [[Page 23736]]
                 (f) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                0
                59. Revise the last sentence of Sec. 231.33(g) to read as follows:
                Sec. 231.33 Procedure for special approval of existing industry
                safety appliance standards.
                * * * * *
                 (g) * * * Civil penalties will be assessed under this part by using
                the applicable defect code in the statement of agency civil penalty
                policy on FRA's website at www.fra.dot.gov.
                0
                60. Revise the last sentence of Sec. 231.35(g) to read as follows:
                Sec. 231.35 Procedure for modification of an approved industry safety
                appliance standard for new railcar construction.
                * * * * *
                 (g) * * * Civil penalties will be assessed under this part by using
                the applicable defect code in the statement of agency civil penalty
                policy on FRA's website at www.fra.dot.gov.
                Appendix A to Part 231--[Removed]
                0
                61. Remove appendix A to part 231.
                PART 232--[AMENDED]
                0
                62. 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.
                0
                63. Revise the last sentence of Sec. 232.11(a) to read as follows:
                Sec. 232.11 Penalties.
                 (a) * * * FRA's website at www.fra.dot.gov contains a schedule of
                civil penalty amounts used in connection with this part.
                * * * * *
                0
                 64. Revise the first sentence of Sec. 232.213(b) to read as follows:
                Sec. 232.213 Extended haul trains.
                * * * * *
                 (b) Failure to comply with any of the requirements contained in
                paragraph (a) of this section will be considered an improper movement
                of a designated priority train for which appropriate civil penalties
                may be assessed as outlined in the statement of civil penalty policy on
                FRA's website at www.fra.dot.gov.
                * * * * *
                Appendix A to Part 232--[Removed and Reserved]
                0
                65. Remove and reserve appendix A to part 232.
                PART 233--[AMENDED]
                0
                66. 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.
                0
                67. Revise the last sentence of Sec. 233.11 to read as follows:
                Sec. 233.11 Civil penalties.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix A to Part 233--[Removed]
                0
                68. Remove appendix A to part 233.
                PART 234--[AMENDED]
                0
                69. The authority citation for part 234 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304,
                21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202, 28 U.S.C.
                2461, note; and 49 CFR 1.89.
                0
                70. Amend Sec. 234.6 by removing ``Sec. 234.11 of this part''
                everywhere it appears and adding ``Sec. 234.11'' in its place and
                revising the third sentence of paragraph (a) to read as follows:
                Sec. 234.6 Penalties.
                 (a) * * * FRA's website at www.fra.dot.gov contains a schedule of
                civil penalty amounts used in connection with this part. * * *
                * * * * *
                Appendix A to Part 234--[Removed and Reserved]
                0
                71. Remove and reserve appendix A to part 234.
                PART 235--[AMENDED]
                0
                72. 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.
                0
                73. Revise the last sentence of Sec. 235.9 to read as follows:
                 Sec. 235.9 Civil penalty.
                 * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                Appendix A to Part 235--[Removed]
                0
                74. Remove appendix A to part 235.
                PART 236--[AMENDED]
                0
                75. The authority citation for part 236 is revised 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.
                0
                76. Revise the last sentence of Sec. 236.0(f) to read as follows:
                Sec. 236.0 Applicability, minimum requirements, and penalties.
                * * * * *
                 (f) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix A to Part 236--[Removed and Reserved]
                0
                77. Remove and reserve appendix A to part 236.
                PART 237--[AMENDED]
                0
                 78. The authority citation for part 237 continues to read as follows:
                 Authority: 49 U.S.C. 20102-20114; Pub. L. 110-432, Div. A, Sec.
                417; 28 U.S.C. 2461, note; and 49 CFR 1.89.
                0
                79. Revise the last sentence of Sec. 237.7(a) to read as follows:
                Sec. 237.7 Penalties.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix B to Part 237--[Removed]
                0
                80. Remove appendix B to part 237.
                PART 238--[AMENDED]
                0
                81. 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.
                0
                82. Revise the last sentence of Sec. 238.11(a) to read as follows:
                Sec. 238.11 Penalties.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                0
                83. Revise the last sentence of Sec. 238.229(d) to read as follows:
                Sec. 238.229 Safety appliances--general.
                * * * * *
                 (d) * * * When appropriate, civil penalties for improperly using or
                hauling a piece of equipment with a defective welded safety appliance
                or safety appliance bracket or support addressed in this section will
                be assessed as an improperly applied safety appliance pursuant to the
                penalty schedule on FRA's website at www.fra.dot.gov under the
                appropriate defect code contained therein.
                * * * * *
                0
                84. In Sec. 238.230, revise the last sentence of paragraph (c)
                introductory
                [[Page 23737]]
                text, add a heading for paragraph (e), and revise the last sentence of
                paragraph (e) to read as follows:
                Sec. 238.230 Safety appliances--new equipment.
                * * * * *
                 (c) * * * When appropriate, civil penalties for improperly using or
                hauling a piece of equipment with a defective welded safety appliance
                or safety appliance bracket or support addressed in this section will
                be assessed pursuant to the penalty schedule on FRA's website at
                www.fra.dot.gov under the appropriate defect code contained therein.
                * * * * *
                 (e) Civil penalties. * * * Civil penalties will be assessed under
                part 231 of this chapter by using the applicable defect code contained
                on FRA's website at www.fra.dot.gov.
                Appendix A to Part 238--[Removed and Reserved]
                0
                85. Remove and reserve appendix A to part 238.
                PART 239--[AMENDED]
                0
                86. The authority citation for part 239 continues 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.
                0
                87. Revise the last sentence of Sec. 239.11 to read as follows:
                Sec. 239.11 Penalties.
                 * * * FRA's website at www.fra.dot.gov contains a schedule of civil
                penalty amounts used in connection with this part.
                Appendix A to Part 239--[Removed]
                0
                88. Remove appendix A to part 239.
                PART 240--[AMENDED]
                0
                89. The authority citation for part 240 continues 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.
                0
                90. Revise the last sentence of Sec. 240.11(a) to read as follows:
                Sec. 240.11 Penalties and consequences for noncompliance.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix A to Part 240--[Removed and Reserved]
                0
                91. Remove and reserve appendix A to part 240.
                PART 241--[AMENDED]
                0
                92. The authority citation for part 241 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28
                U.S.C. 2461, note; 49 CFR 1.89.
                Appendix B to Part 241--[Removed and Reserved]
                0
                93. Remove and reserve appendix B to part 241.
                PART 242--[AMENDED]
                0
                94. The authority citation for part 242 continues 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.
                0
                95. Revise the last sentence of Sec. 242.11(a) to read as follows:
                Sec. 242.11 Penalties and consequences for noncompliance.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix A to Part 242--[Removed and Reserved]
                0
                96. Remove and reserve appendix A to part 242.
                PART 243--[AMENDED]
                0
                 97. 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.
                0
                98. Revise the last sentence of Sec. 243.7(a) to read as follows:
                Sec. 243.7 Penalties and consequences for noncompliance.
                 (a) * * * See FRA's website at www.fra.dot.gov for a statement of
                agency civil penalty policy.
                * * * * *
                Appendix to Part 243--[Removed]
                0
                99. Remove the appendix to part 243.
                PART 270--[AMENDED]
                0
                100. The authority citation for part 270 continues to read as follows:
                 Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156,
                21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.
                0
                101. The stay of 49 CFR part 270 is lifted.
                0
                102. Revise the last sentence of Sec. 270.7(a) to read as follows:
                Sec. 270.7 Penalties and responsibility for compliance.
                 (a) * * * FRA's website at www.fra.dot.gov contains a schedule of
                civil penalty amounts used in connection with this part.
                * * * * *
                Appendix A to Part 270--[Removed and Reserved]
                0
                103. Remove and reserve appendix A to part 270.
                0
                104. Title 49 CFR part 270 is stayed until September 4, 2019.
                PART 272--[AMENDED]
                0
                105. 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.
                Appendix A to Part 272--[Removed]
                0
                 106. Remove appendix A to part 272.
                 Issued in Washington, DC.
                Ronald L. Batory,
                Administrator.
                [FR Doc. 2019-09979 Filed 5-22-19; 8:45 am]
                 BILLING CODE 4910-06-P
                

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