[Federal Register Volume 69, Number 101 (Tuesday, May 25, 2004)]
[Rules and Regulations]
[Pages 29664-29669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11696]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 232

[FRA Docket No. PB-9; Notice No. 22]
RIN 2130-AB52


Brake System Safety Standards for Freight and Other Non-Passenger 
Trains and Equipment; End-of-Train Devices

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Final rule; adjustment of schedule of civil penalties.

-----------------------------------------------------------------------

SUMMARY: This document amends the schedule of civil penalties for 
violations of part 232 to make it consistent with the primary final 
rule in this proceeding or with subsequent changes made in the text of 
the regulation in response to petitions for reconsideration. These 
changes are technical amendments made solely to the schedule of civil 
penalties contained in appendix A to part 232, are a statement of 
agency policy, and are consistent with FRA's

[[Page 29665]]

intent when issuing the final rule and its response to petitions for 
reconsideration in this proceeding. The adjustments will enhance FRA's 
safety enforcement program by ensuring that the regulated community is 
fully aware of its potential civil penalty liability and by ensuring 
that appropriate civil penalties are assessed when taking enforcement 
actions.

DATES: Effective Date: The revision of Appendix A to part 232 is 
effective May 25, 2004.

ADDRESSES: Any petition for reconsideration should reference FRA Docket 
No. PB-9, Notice No. 22, and be submitted in triplicate to the FRA 
Docket Clerk, Office of Chief Counsel, RCC-10, 1120 Vermont Avenue, 
NW., Mail Stop 10, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: James Wilson, FRA Office of Safety, 
RRS-14, 1120 Vermont Avenue, NW., Stop 25, Washington, DC 20590 
(telephone 202-493-6259), or Thomas Herrmann, Trial Attorney, Office of 
the Chief Counsel, RCC-10, 1120 Vermont Avenue, NW., Stop 10, 
Washington, DC 20590 (telephone 202-493-6053).

SUPPLEMENTARY INFORMATION:

Background

    On January 17, 2001, FRA published a final rule revising the 
Federal safety standards governing braking systems and equipment used 
in freight and other non-passenger railroad train operations. See 66 FR 
4104-217. The effective date of the final rule was May 31, 2001. See 66 
FR 9906 (February 12, 2001) and 66 FR 29501 (May 31, 2001). The final 
rule contained staggered implementation dates with the majority of the 
rule becoming applicable on April 1, 2004. See 49 CFR 232.1(b) and 66 
FR 4193. In response to the final rule, FRA received six petitions for 
reconsideration from seven parties raising various issues related to a 
number of the provisions contained in the final rule.
    On August 1, 2001, FRA published an initial response to the 
petitions for reconsideration of the final rule addressing those issues 
raised in the petitions related to the periodic maintenance and testing 
requirements prescribed in subpart D of the final rule. See 66 FR 
39683. FRA believed that it was necessary to address these issues as 
quickly as possible because the periodic maintenance and testing 
requirements prescribed in subpart D of the final rule had a compliance 
date of August 1, 2001. Due to the complexity of some of the issues 
raised in the petitions for reconsideration on other provisions of the 
final rule, FRA decided to address the issues related to subpart D in 
its initial response to the petitions and then issue a follow-up 
response addressing the issues pertaining to other portions of the 
final rule. See id. On April 10, 2002, FRA published its second 
response to petitions for reconsideration addressing all other 
outstanding issues raised in the petitions for reconsideration. See 67 
FR 17556-85.
    This document amends the schedule of civil penalties contained in 
appendix A to part 232 to make it consistent with the January 2001 
final rule or with the changes made in the text in response to 
petitions for reconsideration. These changes are technical adjustments 
or corrections made solely to the schedule of civil penalties contained 
in Appendix A to part 232, are a statement of agency policy, and are 
consistent with FRA's intent when issuing the final rule and its 
response to petitions for reconsideration in this proceeding. The 
adjustments will enhance FRA's safety enforcement program by ensuring 
that the regulated community is fully aware of its potential civil 
penalty liability and by ensuring appropriate civil penalties are 
assessed when taking enforcement actions.

Discussion of Corrections and Modifications

    This document is making six corrections or adjustments to the 
schedule of civil penalties contained in Appendix A to part 232. First, 
the listed civil penalties associated with Sec.  232.205 are being 
corrected to reflect the changes made to this section by FRA second 
response to petitions for reconsideration. In that response, a new 
paragraph (b) was added to this section to clarify the inspection 
requirements related to the addition of solid blocks of cars, and 
paragraph (f) of the section was removed to avoid duplication. See 69 
FR 17573-75, 17582. Thus, what were paragraphs (b) through (e) of this 
section in the January 2001 final rule are now paragraphs (c) through 
(f). However, the penalty schedule was never modified to reflect these 
changes. Consequently, FRA is correcting the penalty schedule items for 
this section to reflect the above-noted amendments.
    Secondly, a typographical error in the penalty schedule amount 
associated with Sec.  232.207(a) is also being corrected. The January 
2001 final rule showed the civil penalty for a complete failure to 
perform a Class IA brake test as $15,000. See 66 FR 4212. This should 
have read $5,000 and is being so corrected.
    Third, the penalty schedule items associated with the Class II 
brake test provisions of Sec.  232.209 are being adjusted by adding a 
clarifying citation for paragraph (d) of this section. Paragraph (d) of 
this section requires the performance of a Class I brake test on any 
car added to a train via a Class II brake test at the next forward 
location where facilities are available for performing such a test. The 
clarifying adjustment directs the reader to the footnote following the 
schedule of civil penalties, which makes clear that the penalties 
associated with the failure to perform a proper Class I brake test 
would be applicable in these instances.
    Fourth, FRA is also amending the penalty schedule items associated 
with Class III brake tests requirements contained in Sec.  232.211. 
When issuing its second response to petitions for reconsideration of 
the final rule, FRA added a paragraph (d) containing a modified Class 
III brake test in those instances where the continuity of a train's 
brake pipe is broken or interrupted with the train otherwise remaining 
unchanged. See 67 FR 17583. However, at the time the provision was 
added, no specific civil penalty was associated to a violation of the 
new provision. This document amends the schedule of civil penalties by 
adding a specific reference to paragraph (d) of this section and 
assigns a certain civil penalty consistent with a partial failure to 
perform a Class III brake test.
    Fifth, the items in the schedule related to the extended haul train 
provisions of Sec.  232.213 are being clarified to include a potential 
civil penalty amount for the general operation provision of paragraph 
(b) of this section. This penalty is currently applied to situations 
where an extended haul train is operated outside the restrictions 
contained in paragraph (a) that are not otherwise specifically covered 
by the penalties associated with that paragraph. For example, this 
would include such acts as exceeding the allowable number of pick-ups 
or set-outs with an extended haul train.
    Finally, FRA is making corrections to the penalty items associated 
with Sec. Sec.  232.213(a)(2)-(3), (5)(i), and (8), and 232.217(c). The 
items associated with these sections direct the reader to footnote (2) 
at the end of the schedule of civil penalties. Because there is only 
one footnote at the end of the penalty schedule, the reference for the 
above-noted provisions is being corrected to cite to footnote (1).

General Information

    As the amendments contained in this document are minor corrections 
or adjustments to the existing schedule of civil penalties associated 
with part 232, which constitutes a general statement of agency policy 
relating potential civil penalty assessment amounts, FRA is

[[Page 29666]]

issuing this document as a final rule. FRA views the amendments as 
technical corrections to a general statement of agency policy and not a 
substantive rule. Consequently, FRA believes that, pursuant to 5 U.S.C. 
553(b)(3)(A) and (B), this action is both exempted from the requirement 
for prior public notice and that good cause exists for finding that 
prior public notice of this action is unnecessary.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule has been evaluated in accordance with Executive 
Order 12866 and DOT policies and procedures. The modifications 
contained in this final rule are not considered significant because 
they are intended merely to correct and adjust the schedule of civil 
penalties associated with part 232 consistent with FRA's intent when 
publishing the primary final rule in this proceeding on January 17, 
2001. No changes or modifications are being made to any regulatory 
provision contained in part 232. There is no economic impact caused by 
the corrections and clarifications contained in this final rule.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires a review of rules to assess their impact on small entities. 
FRA certifies that this final rule does not have a significant impact 
on a substantial number of small entities. Because the modifications 
contained in this final rule merely correct and adjust the schedule of 
civil penalties associated with part 232 and because no changes or 
modifications are being made to any regulatory provision contained in 
part 232, FRA has concluded that there are no substantial economic 
impacts on small units of government, businesses, or other 
organizations.

Paperwork Reduction Act

    Because the modifications contained in this final rule merely 
correct and adjust the schedule of civil penalties associated with part 
232 and because no changes or modifications are being made to any 
regulatory provision contained in part 232, this final rule does not 
change any of the information collection requirements contained in part 
232.

Environmental Impact

    FRA has evaluated this final rule in accordance with its 
``Procedures for Considering Environmental Impacts'' (FRA's Procedures) 
(64 FR 28545, May 26, 1999) as required by the National Environmental 
Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes, 
Executive Orders, and related regulatory requirements. FRA has 
determined that this document is not a major FRA action (requiring the 
preparation of an environmental impact statement or environmental 
assessment) because it is categorically excluded from detailed 
environmental review pursuant to section 4(c) of FRA's Procedures.

Federalism Implications

    FRA believes it is in compliance with Executive Order 13132. 
Because the modifications contained in this final rule merely correct 
and adjust the schedule of civil penalties associated with part 232 and 
because no changes or modifications are being made to any regulatory 
provision contained in part 232, this document will not have a 
substantial effect 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 federalism implications that impose any direct 
compliance costs on State and local governments.

Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless 
otherwise prohibited by law, assess the effects of Federal regulatory 
actions on State, local, and tribal governments, and the private sector 
(other than to the extent that such regulations incorporate 
requirements specifically set forth in law).'' Section 202 of the Act 
(2 U.S.C. 1532) further requires that ``before promulgating any general 
notice of proposed rulemaking that is likely to result in the 
promulgation of any rule that includes any Federal mandate that may 
result in expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more (adjusted 
annually for inflation) in any 1 year, and before promulgating any 
final rule for which a general notice of proposed rulemaking was 
published, the agency shall prepare a written statement'' detailing the 
effect on State, local, and tribal governments and the private sector. 
The statutory figure of $100,000,000 has been adjusted upward for 
inflation to $120,700,000. Because the modifications contained in this 
final rule merely correct and adjust the schedule of civil penalties 
associated with part 232 and because no changes or modifications are 
being made to any regulatory provision contained in part 232, this 
document will not result in the expenditure, in the aggregate, of 
$120,700,000 or more in any one year, and thus preparation of such a 
statement is not required.

Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a 
Statement of Energy Effects for any ``significant energy action.'' 66 
FR 28355 ( May 22, 2001). Under the Executive Order, a ``significant 
energy action'' is defined as any action by an agency (normally 
published in the Federal Register) that promulgates or is expected to 
lead to the promulgation of a final rule or regulation, including 
notices of inquiry, advance notices of proposed rulemaking, and notices 
of proposed rulemaking: (1)(i) That is a significant regulatory action 
under Executive Order 12866 or any successor order, and (ii) is likely 
to have a significant adverse effect on the supply, distribution, or 
use of energy; or (2) that is designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. FRA has evaluated this final rule in accordance with Executive 
Order 13211. Because the modifications contained in this final rule 
merely correct and adjust the schedule of civil penalties associated 
with part 232 and because no changes or modifications are being made to 
any regulatory provision contained in part 232, FRA has determined that 
this document will not have a significant adverse effect on the supply, 
distribution, or use of energy. Consequently, FRA has determined that 
this regulatory action is not a ``significant energy action'' within 
the meaning of Executive Order 13211.

List of Subjects in 49 CFR Part 232

    Penalties, Railroad power brakes, Railroad safety.

Adoption of the Amendments

0
For the reasons set forth in the preamble, part 232 of chapter II, 
subtitle B of title 49 of the Code of Federal Regulations is amended to 
read as follows:

PART 232--[AMENDED]

0
1. The authority citation for part 232 is revised 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; 49 CFR 1.49 
(c), (m).

0
2. Appendix A to part 232 is revised to read as follows:

[[Page 29667]]



        Appendix A to Part 232.--Schedule of Civil Penalties \1\
------------------------------------------------------------------------
                                                              Willful
                 Section                     Violation       violation
------------------------------------------------------------------------
           Subpart A--General
232.15 Movement of power brake defects:
    (a) Improper movement, general......           (\1\)           (\1\)
        (11) Failure to make                      $2,500          $5,000
         determinations and provide
         notification of en route defect
    (b) Complete failure to tag.........           2,500           5,000
        (1) Insufficient tag or record..           1,000           2,000
        (2), (4) Improper removal of tag           2,000           4,000
        (3) Failure to retain record of            2,000           4,000
         tag............................
    (c) Improper loading or purging.....           2,500           5,000
    (e) Improper placement of defective            2,500           5,000
     equipment..........................
232.19 Availability of records                     (\1\)           (\1\)
 
     Subpart B--General Requirements
 
232.103 All train brake systems:
    (a)-(c), (h)-(i) Failure to meet               2,500           5,000
     general design requirements........
    (d) Failure to have proper                     5,000           7,500
     percentage of operative brakes from
     Class I brake test.................
    (e) Operating with less than 85                5,000           7,500
     percent operative brakes...........
    (f) Improper use of car with                   2,500           5,000
     inoperative or ineffective brakes..
    (g) Improper display of piston                 2,500           5,000
     travel.............................
    (m) Failure to stop train with                 2,500           5,000
     excess air flow or gradient........
    (n) Securement of unattended          ..............  ..............
     equipment:
        (1) Failure to apply sufficient            5,000           7,500
         number of hand brakes; failure
         to develop or implement
         procedure to verify number
         applied........................
        (2) Failure to initiate                    2,500           5,000
         emergency......................
        (3) Failure to apply hand brakes           2,500           5,000
         on locomotives.................
        (4) Failure to adopt or comply             5,000           7,500
         with procedures for securing
         unattended locomotive..........
    (o) Improper adjustment of air                 2,500           5,000
     regulating devices.................
    (p) Failure to hold supervisors                2,500           5,000
     jointly responsible................
232.105 Locomotives:
    (a) Air brakes not in safe and           1,000-5,000     2,000-7,500
     suitable condition.................
    (b) Not equipped with proper hand or           5,000           7,500
     parking brake......................
    (c)(1) Failure to inspect/repair               2,500           5,000
     hand or parking brake..............
        (2) Failure to properly stencil,           2,000           4,000
         tag, or record.................
    (d) Excess leakage from equalizing             2,500           5,000
     reservoir..........................
    (e) Improper use of feed or                    2,500           5,000
     regulating valve braking...........
    (f) Improper use of passenger                  2,500           5,000
     position...........................
    (g) Brakes in operative condition...           2,500           5,000
232.107 Air sources/cold weather
 operations:
    (a)(1), (2) Failure to adopt or                5,000           7,500
     comply with monitoring program for
     yard air sources...................
        (3) Failure to maintain records.           2,500           5,000
    (b) Failure to blow condensation....           2,500           5,000
    (c) Use of improper chemicals.......           5,000           7,500
    (d) Failure to equip or drain yard             2,500           5,000
     air reservoirs.....................
    (e) Failure to adopt or comply cold            5,000           7,500
     weather operating procedures.......
232.109 Dynamic brakes:
    (a) Failure to provide information..           5,000           7,500
    (b) Failure to make repairs.........           5,000           7,500
    (c) Failure to properly tag.........           2,500           5,000
    (d) Failure to maintain record of              2,000           4,000
     repair.............................
    (e) Improper deactivation...........           2,500           5,000
    (f) Improper use of locomotive as              2,500           5,000
     controlling unit...................
    (g) Locomotive not properly equipped           2,500           5,000
     with indicator.....................
    (h) Rebuilt locomotive not properly            2,500           5,000
     equipped...........................
    (j) Failure to adopt or comply with            5,000           7,500
     dynamic brake operating rules......
    (k) Failure to adopt or comply with            5,000           7,500
     training on operating procedures...
232.111 Train handling information:
    (a) Failure to adopt and comply with           5,000           7,500
     procedures.........................
    (b) Failure to provide specific                2,500           5,000
     information........................
 
    Subpart C--Inspection and Testing
              Requirements
 
232.203 Training requirements:
    (a) Failure to develop or adopt                7,500          11,000
     program............................
    (b)(1)-(9) Failure to address or               5,000           7,500
     comply with specific required item
     or provision of program............
    (c) Failure to adopt or comply with            5,000           7,500
     two-way EOT program................
    (d) Failure to adopt or comply with            5,000           7,500
     retaining valve program............
    (e) Failure to maintain adequate               5,000           7,500
     records............................
    (f) Failure to adopt and comply with           7,500          11,000
     periodic assessment plan...........
232.205 Class I brake test--initial
 terminal inspection:
    (a) Complete failure to perform          (\1\)10,000          15,000
     inspection.........................
    (c)(1)-(4), (6)-(8) Partial failure            5,000           7,500
     to perform inspection..............
    (c)(5) Failure to properly adjust              2,500           5,000
     piston travel (per car)............
    (d) Failure to use carman when                 5,000           7,500
     required...........................

[[Page 29668]]

 
    (e) Failure to provide proper                  2,500           5,000
     notification.......................
    (f) Failure to void compressed air..           2,500           5,000
232.207 Class IA brake tests--1,000-mile
 inspection:
    (a) Complete failure to perform           (\1\)5,000           7,500
     inspection.........................
    (b)(1)-(6) Partial failure to                  2,500           5,000
     perform inspection.................
    (c) Failure to properly designate              5,000           7,500
     location...........................
    (c)(1) Failure to perform at                   5,000           7,500
     designated location................
    (c)(2) Failure to provide                      2,500           5,000
     notification.......................
232.209 Class II brake tests--
 intermediate inspection:
    (a) Complete failure to perform           (\1\)5,000           7,500
     inspection.........................
    (b)(1)-(5), (c) Partial failure to             2,500           5,000
     perform inspection.................
    (d) Failure to conduct Class I after           (\1\)           (\1\)
     Class II pick-up...................
232.211 Class III brake tests--trainline
 continuity inspection:
    (a) Complete failure to perform                5,000           7,500
     inspection.........................
    (b)(1)-(4), (c) Partial failure to             2,500           5,000
     perform inspection.................
    (d) Failure to restore air pressure            2,500           2,500
     at rear............................
232.213 Extended haul trains:
    (a)(1) Failure to properly designate           5,000           7,500
     an extended haul train.............
    (a)(2)-(3), (5)(i), (8) Failure to             (\1\)           (\1\)
     perform inspections................
    (a)(4) Failure to remove defective             2,000           4,000
     car (per car)......................
    (a)(5)(ii), (6) Failure to conduct             5,000           7,500
     inbound inspection.................
    (a)(7) Failure to maintain record of           2,000           4,000
     defects (per car)..................
    (b) Improper movement or use of                5,000           7,500
     extended haul train................
232.215 Transfer train brake tests:
    (a) Failure to perform inspection...           5,000           7,500
    (b) Failure to perform on cars added           2,500           5,000
232.217 Train brake system tests
 conducted using yard air:
    (a) Failure to use suitable device..           2,500           5,000
    (b) Improper connection of air test            5,000           7,500
     device.............................
    (c) Failure to properly perform                (\1\)           (\1\)
     inspection.........................
    (d) Failure to calibrate test device           2,500           5,000
    (e) Failure to use accurate device..           2,500           5,000
232.219 Double heading and helper
 service:
    (a) Failure to perform inspection or           2,500           5,000
     inability to control brakes........
    (b) Failure to make visual                     2,500           5,000
     inspection.........................
    (c) Use of improper helper link                2,500           5,000
     device.............................
 
   Subpart D--Periodic Maintenance and
          Testing Requirements
 
232.303 General requirements:
    (b)-(d) Failure to conduct                     2,500           5,000
     inspection or test when car on
     repair track.......................
    (e) Improper movement of equipment             2,500           5,000
     for testing........................
    (e)(1) Failure to properly tag                 2,000           5,000
     equipment for movement.............
    (e)(2)-(4) Failure to retain record            2,000           4,000
     or improper removal of tag or card.
    (f) Failure to stencil or track test           2,500           5,000
     information........................
232.305 Repair track air brake tests:
    (a) Failure to test in accord with             2,500           5,000
     required procedure.................
    (b)-(d) Failure to perform test.....           2,500           5,000
232.307 Single car tests:
    (a) Failure to test in accord with             2,500           5,000
     required procedure.................
    (b)-(c) Failure to perform test.....           2,500           5,000
232.309 Repair track air brake test and
 single car test equipment and devices:
    (a)-(f) Failure to properly test or            2,500           5,000
     calibrate..........................
 
     Subpart E--End-of-Train Devices
 
232.403 Design standards for one-way
 devices:
    (a)-(g) Failure to meet standards...           2,500           5,000
232.405 Design standards for two-way
 devices:
    (a)-(i) Failure to meet standards...           2,500           5,000
232.407 Operating requirements for two-
 way devices:
    (b) Failure to equip a train........           5,000           7,500
    (c) Improper purchase...............           2,500           5,000
    (f)(1) Failure of device to be armed           5,000           7,500
     and operable.......................
    (f)(2) Insufficient battery charge..           2,500           5,000
    (f)(3) Failure to activate the                 2,500           5,000
     device.............................
    (g) Improper handling of en route              5,000           7,500
     failure, freight or other non-
     passenger..........................
    (h) Improper handling of en route              5,000           7,500
     failure, passenger.................
232.409 Inspection and testing of
 devices:
    (a) Failure to have unique code.....           2,500           5,000
    (b) Failure to compare quantitative            2,500           5,000
     values.............................
    (c) Failure to test emergency                  5,000           7,500
     capability.........................
    (d) Failure to properly calibrate...           2,500           5,000
 

[[Page 29669]]

 
  Subpart F--Introduction of New Brake
            System Technology
 
232.503 Process to introduce new
 technology:
    (b) Failure to obtain FRA approval..          10,000          15,000
232.505 Pre-revenue service acceptance
 testing plan:
    (a) Failure to obtain FRA approval..           5,000           7,500
    (b) Failure to comply with plan.....           2,500           5,000
    (f) Failure to test previously used            5,000          7,500
     technology.........................
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
  violation. Generally, when two or more violations of these regulations
  are discovered with respect to a single unit of equipment that is
  placed or continued in service by a railroad, the appropriate
  penalties set forth above are aggregated up to a maximum of $11,000
  per day. An exception to this rule is the $15,000 penalty for willful
  violation of Sec.   232.503 (failure to get FRA approval before
  introducing new technology) with respect to a single unit of
  equipment; if the unit has additional violative conditions, the
  penalty may routinely be aggregated to $15,000. Although the penalties
  listed for failure to perform the brake inspections and tests under
  Sec.   232.205 through Sec.   232.209 may be assessed for each train
  that is not properly inspected, failure to perform any of the
  inspections and tests required under those sections will be treated as
  a violation separate and distinct from, and in addition to, any
  substantive violative conditions found on the equipment contained in
  the train consist. Moreover, the Administrator reserves the right to
  assess a penalty of up to $22,000 for any violation where
  circumstances warrant. See 49 CFR part 209, appendix A.
Failure to observe any condition for movement of defective equipment set
  forth in Sec.   232.15(a) will deprive the railroad of the benefit of
  the movement-for-repair provision and make the railroad and any
  responsible individuals liable for penalty under the particular
  regulatory section(s) concerning the substantive defect(s) present on
  the equipment at the time of movement.
Failure to provide any of the records or plans required by this part
  pursuant to Sec.   232.19 will be considered a failure to maintain or
  develop the record or plan and will make the railroad liable for
  penalty under the particular regulatory section(s) concerning the
  retention or creation of the document involved.
Failure to properly perform any of the inspections specifically
  referenced in Sec.   232.209, Sec.   232.213, and Sec.   232.217 may
  be assessed under each section of this part or this chapter, or both,
  that contains the requirements for performing the referenced
  inspection.


    Issued in Washington, DC, on May 18, 2004.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 04-11696 Filed 5-24-04; 8:45 am]
BILLING CODE 4910-06-P