[Federal Register Volume 77, Number 88 (Monday, May 7, 2012)]
[Rules and Regulations]
[Pages 26703-26704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10946]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Parts 228 and 231
[Docket No. FRA-2004-17529; Notice No. 9]
RIN 2130-AB94
Inflation Adjustment of the Aggravated Maximum Civil Monetary
Penalty for a Violation of a Federal Railroad Safety Law or Federal
Railroad Administration Safety Regulation or Order; Correction
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule; correcting amendments.
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SUMMARY: On April 24, 2012, FRA published a final rule, pursuant to the
Federal Civil Penalties Inflation Adjustment Act of 1990, which
increased the aggravated maximum civil monetary penalty that the agency
will apply when assessing a civil penalty for a violation of a railroad
safety statute, regulation, or order under its authority. See 77 FR
24416. In preparing that final
[[Page 26704]]
rule for publication, three errors were made as described in the
Supplementary Information. FRA is correcting these minor errors so that
the final rule clearly conforms to FRA's intent.
DATES: The corrections to the final rule are effective on June 25,
2012.
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),
veronica.chittim@dot.gov.
SUPPLEMENTARY INFORMATION: Three errors were included in the final rule
published on April 24, 2012. See 77 FR 24416. FRA failed to account for
an October 31, 2011 amendment to 49 CFR part 228. The October 31, 2011
amendment to part 228 redesignated Sec. 228.21, ``Penalties,'' as
Sec. 228.6, and removed and reserved Sec. 228.21. See 76 FR 67073,
67087-88. In preparing the April 24, 2012, final rule for publication,
FRA instructed that the numerical amount ``$100,000'' be removed from
49 CFR 228.21 and the numerical amount ``$105,000'' be added in its
place. The instruction should have directed the removal of the
numerical amount ``$100,000'' from 49 CFR 228.6 and the addition of
``$105,000'' in its place. Additionally, FRA inadvertently transposed
two numbers, in instructions 66 and 67, by instructing changes to the
numerical amounts at ``213.146.A'' in appendix A to part 231. See 77 FR
24416. The final rule should have instructed that the changes be made
to ``146.A''. FRA is correcting these minor errors so that the final
rule clearly conforms to FRA's intent.
List of Subjects
49 CFR Part 228
Administrative practice and procedure, Buildings and facilities,
Hazardous materials transportation, Noise control, Penalties, Railroad
employees, Railroad safety, Reporting and recordkeeping requirements,
Sanitation.
49 CFR Part 231
Penalties, Railroad safety.
The Final Rule
In accordance with the foregoing, parts 228 and 231, of subtitle B,
chapter II of title 49 of the Code of Federal Regulations are corrected
by making the following correcting amendments:
PART 228--[AMENDED]
0
1. The authority citation for part 228 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21101-21109; Sec. 108, Div.
A, Pub. L. 110-432, 122 Stat. 4860-4866; 49 U.S.C. 21301, 21303,
21304, 21311; 28 U.S.C. 2461, note; 49 U.S.C. 103; and 49 CFR 1.49.
Sec. 228.6 [Amended]
0
2. Section 228.6 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.
PART 231--[AMENDED]
0
3. 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 1.49.
Appendix A to Part 231--[Amended]
0
4. Appendix A is amended by:
0
a. Removing the numerical amount ``650'' from the entry at 146.A and
adding in its place the numerical amount ``1,000''; and
0
b. Removing the numerical amount ``1,000'' from the entry at 146.A and
adding in its place the numerical amount ``2,000''.
Issued in Washington, DC, on May 1, 2012.
Robert C. Lauby,
Acting Associate Administrator for Railroad Safety/Chief Safety
Officer, Federal Railroad Administration.
[FR Doc. 2012-10946 Filed 5-4-12; 8:45 am]
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