2016-15641: 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

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.

The agency’s own summary, as published.

What this changes

Amends 33 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 49 CFR 209 Railroad Safety Enforcement Procedures
• 49 CFR 213 Track Safety Standards
• 49 CFR 214 Railroad Workplace Safety
• 49 CFR 215 Railroad Freight Car Safety Standards
• 49 CFR 216 Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment
• 49 CFR 217 Railroad Operating Rules
• 49 CFR 218 Railroad Operating Practices
• 49 CFR 219 Control of Alcohol and Drug Use
• 49 CFR 220 Railroad Communications
• 49 CFR 221 Rear End Marking Device—Passenger, Commuter and Freight Trains
• 49 CFR 222 Use of Locomotive Horns at Public Highway-Rail Grade Crossings
• 49 CFR 223 Safety Glazing Standards—Locomotives, Passenger Cars and Cabooses
• 49 CFR 224 Reflectorization of Rail Freight Rolling Stock
• 49 CFR 225 Railroad Accidents/Incidents: Reports Classification, and Investigations
• 49 CFR 227 Occupational Safety and Health in the Locomotive Cab
• 49 CFR 228 Passenger Train Employee Hours of Service; Recordkeeping and Reporting; Sleeping Quarters
• 49 CFR 229 Railroad Locomotive Safety Standards
• 49 CFR 230 Steam Locomotive Inspection and Maintenance Standards
• 49 CFR 231 Railroad Safety Appliance Standards
• 49 CFR 232 Brake System Safety Standards for Freight and Other Non-Passenger Trains and Equipment; End-of-Train Devices
• 49 CFR 233 Signal Systems Reporting Requirements
• 49 CFR 234 Grade Crossing Safety
• 49 CFR 235 Instructions Governing Applications for Approval of a Discontinuance or Material Modification of a Signal System or Relief from the Requirements of Part 236
• 49 CFR 236 Rules, Standards, and Instructions Governing the Installation, Inspection, Maintenance, and Repair of Signal and Train Control Systems, Devices, and Appliances
• 49 CFR 237 Bridge Safety Standards
• 49 CFR 238 Passenger Equipment Safety Standards
• 49 CFR 239 Passenger Train Emergency Preparedness
• 49 CFR 240 Qualification and Certification of Locomotive Engineers
• 49 CFR 241 United States Locational Requirement for Dispatching of United States Rail Operations
• 49 CFR 242 Qualification and Certification of Conductors
• 49 CFR 243 Training, Qualification, and Oversight for Safety-Related Railroad Employees
• 49 CFR 244 Regulations on Safety Integration Plans Governing Railroad Consolidations, Mergers, and Acquisitions of Control
• 49 CFR 272 Critical Incident Stress Plans