[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Rules and Regulations]
[Pages 30591-30596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11965]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 
223, 225, 228, 229, 230, 231, 232, 233, 234, 235, 236, 238, 239, 
240, 241, and 244

[Docket No. FRA-2004-17529; Notice No. 1]
RIN 2130-AB61


Inflation Adjustment of the Maximum and Minimum Civil Monetary 
Penalties for a Violation of a Federal Railroad Safety Law or Federal 
Railroad Administration Safety Regulation

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: To comply with the Federal Civil Penalties Inflation 
Adjustment Act of 1990, FRA is adjusting the minimum and maximum civil 
monetary penalties that it will apply when assessing a civil penalty 
for a violation of railroad safety statutes and regulations under its 
authority. In particular, FRA is increasing the minimum civil penalty 
from $500 to $550 and the maximum civil penalty where a grossly 
negligent violation or pattern of repeated violations has created an 
imminent hazard of death or injury or has actually caused death or 
injury (``grossly negligent violation'') from $22,000 to $27,000.

DATES: Effective Date: This final rule is effective June 28, 2004, 
except for the amendments to part 222, which are effective December 18, 
2004.

FOR FURTHER INFORMATION CONTACT: Melissa L. Porter, Trial Attorney, 
Office of Chief Counsel, FRA, 1120 Vermont Avenue, NW., Mail Stop 10, 
Washington, DC 20590 (telephone 202-493-6034).

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Inflation Act) requires that an agency adjust 
by regulation each maximum civil monetary penalty (CMP), or range of 
minimum and maximum CMPs, within that agency's jurisdiction by October 
23, 1996 and adjust those penalty amounts once every four years 
thereafter to reflect inflation. (Pub. L. 101-410, 104 Stat. 890, 28 
U.S.C. 2461, 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.) Congress recognized the important role that CMPs play 
in deterring violations of Federal law and regulations and realized 
that inflation has diminished the impact of these penalties. In the 
Inflation Act, Congress found a way to counter the effect that 
inflation has had on the CMPs by having the agencies charged with 
enforcement responsibility administratively adjust the CMPs.

Calculation of the Adjustment

    Under the Inflation Act, the inflation adjustment is to be 
calculated by increasing the maximum CMP, or the range of minimum and 
maximum CMPs, by the percentage that the Consumer Price Index (CPI) for 
the month of June of the calendar year preceding the adjustment (here, 
June 2003) exceeds the CPI for the month of June of the last calendar 
year in which the amount of such penalty was last set or adjusted 
(here, June 1992 for the minimum CMP of $500 and June 1998 for maximum 
CMP of $22,000 for a grossly negligent violation.) The Inflation Act 
also specifies that amount of the adjustment must be rounded to the 
nearest multiple of $100 for a penalty between $100 and $1,000, or to 
the nearest multiple of $5,000 for a penalty between $10,000 and 
$100,000. The first adjustment may not exceed an increase of ten 
percent. FRA utilized Bureau of Labor Statistics data to calculate 
adjusted CMP amounts.
    FRA is authorized as the delegate of the Secretary of 
Transportation to enforce the Federal railroad safety statutes and 
regulations, including the civil penalty provisions at 49 U.S.C. ch. 
213. 49 CFR 1.49; 49 U.S.C. ch. 201-213. FRA currently has 27 
regulations that contain provisions that reference its authority to 
impose civil penalties if a person violates any requirement in the 
pertinent portion of a statute or the Code of Federal Regulations. In 
this final rule, FRA is amending each of those separate regulatory 
provisions and the corresponding footnotes in each Schedule of Civil 
Penalties to raise the minimum CMP to $550 and maximum CMP for a 
grossly negligent violation to $27,000. In some instances, FRA is 
amending the corresponding appendices to these regulatory provisions, 
which outline FRA enforcement policy, as well.
    With the exception of the penalties relating to the hours of 
service laws (49 U.S.C. ch. 211), the maximum CMP for

[[Page 30592]]

a violation of the rail safety laws and regulations was established by 
the Rail Safety Improvement Act of 1988, which set a $10,000 limit for 
a CMP imposed for any single violation other than a grossly negligent 
violation, and a $20,000 limit for a grossly negligent violation. In 
1998, after applying the adjustment calculation in the Inflation Act, 
FRA determined that the maximum CMP for any single violation needed to 
be increased to $11,000 and that the maximum CMP for grossly negligent 
violations needed to be increased to $22,000. FRA amended each of its 
regulations by final rule to reflect the increased CMPs. 63 FR 11618.
    The Rail Safety Enforcement and Review Act (RSERA) in 1992 
increased the range of the minimum and maximum civil penalty from 
$1,000 to $10,000 and $20,000, respectively, for a violation of the 
hours of service laws, making these minimum and maximum penalty amounts 
uniform with those of FRA's other regulatory provisions. By applying 
the same adjustment calculation using the 1992 CPI, the maximum 
penalties for violations of the hours of service laws were raised to 
equal those of the other rail safety laws and regulations: $11,000 and 
$22,000.
    RSERA also increased the minimum CMP for all of the rail safety 
statutes and regulations from $250 to $500. In 1998, FRA had applied 
the adjustment calculation in the Inflation Act to the minimum CMP and 
had determined that it would not need to be increased. Now, applying 
the adjustment calculation using the June 2003 CPI, FRA has determined 
that the minimum CMP should be increased from $500 to $550, as the next 
calculations show.
    The June 2003 CPI of 550.4 divided by the June 1992 CPI of 419.9 
equals a 1.31 inflation factor; $500 times 1.31 equals $655, or an 
increase of $155, which is rounded to $200. The required ten percent 
cap is applied to that increase. Therefore, the legal increase is $50.
    Because this is the first time that the minimum CMP has been 
adjusted under the Inflation Act, the ten-percent cap on the increase 
was applied. This final rule adjusts the minimum CMP for all of the 
rail safety statutes and regulations.
    As required by the Inflation Act, FRA recently reevaluated the 
ordinary maximum CMP and the maximum CMP for grossly negligent 
violations using the June 2003 CPI, and determined that the maximum CMP 
for grossly negligent violations should be increased to $27,000, but 
that the maximum CMP for ordinary violations should remain at $11,000, 
as the next calculations show.
    The June 2003 CPI of 550.4 divided by the June 1998 CPI of 488.2 
equals a 1.13 inflation factor; $11,000 times 1.13 equals $12,430, or 
an increase of $1,430, which is rounded down to $0; $22,000 times 1.13 
equals $24,860, or an increase of $2,860, which is rounded up to 
$5,000.
    Because this is the second time that the maximum CMP for grossly 
negligent violations has been adjusted under the Act, the ten-percent 
cap on the increase does not apply.
    These new FRA maximum penalties will apply to violations that occur 
on or after June 28, 2004.

Public Participation

    FRA is proceeding to a final rule without providing a notice of 
proposed rulemaking or an opportunity for public comment. The 
adjustments required by the Act are ministerial acts over which FRA has 
no discretion, making public comment unnecessary. FRA is issuing these 
amendments as a final rule applicable to all future cases under its 
authority.

Regulatory Impact

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rule has been evaluated in accordance with existing policies 
and procedures. It is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and, therefore, was not 
reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034) because it is limited to a 
ministerial act on which the agency has no discretion. The economic 
impact of the final rule is minimal to the extent that preparation of a 
regulatory evaluation is not warranted.

B. Regulatory Flexibility Determination

    FRA certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities. Although 
this rule will apply to railroads and others who are considered small 
entities, there is no economic impact on any person who complies with 
the Federal railroad safety laws and the regulations and orders issued 
under those laws.

C. Federalism

    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, in accordance with Executive Order 13132, 
preparation of a Federalism assessment is not warranted.

D. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

E. Compliance with the Unfunded Mandates Reform Act of 1995

    The final rule issued today will not result in the expenditure, in 
the aggregate, of $120,700,000 or more in any one year by State, local, 
or Indian Tribal governments, or the private sector, and thus 
preparation of a statement is not required.

F. Environmental Assessment

    There are no significant environmental impacts associated with this 
final rule.

G. Energy Impact

    According to definitions set forth in Executive Order 13211, there 
will be no significant energy action as a result of the issuance of 
this final rule.

List of Subjects in 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 
219, 220, 221, 222, 223, 225, 228, 229, 230, 231, 232, 233, 234, 
235, 236, 238, 239, 240, 241, and 244

    Railroad safety, Penalties.

The Final Rule

0
In consideration of the foregoing, parts 209, 213, 214, 215, 216, 217, 
218, 219, 220, 221, 222, 223, 225, 228, 229, 230, 231, 232, 233, 234, 
235, 236, 238, 239, 240, 241, and 244, 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 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 20114; 28 
U.S.C. 2461, note; and 49 CFR 1.49.


Sec.  209.409  [Amended]

0
2. Section 209.409 is amended by removing the numerical amount 
``$22,000'' and adding in its place the numerical amount ``$27,000''.

Appendix A to Part 209--[Amended]

0
3. Appendix A to part 209 is amended by:
0
a. Removing the numerical amount ``$500'' in the third paragraph below 
the heading ``Penalty Schedules; Assessment of Maximum Penalties,'' and 
replacing it with the numerical amount ``$550''; and
0
b. Removing both references to the numerical amount ``$22,000'' in the 
sixth

[[Page 30593]]

paragraph below the heading ``Penalty Schedules; Assessment of Maximum 
Penalties,'' and replacing them with the numerical amount ``$27,000''.

PART 213--[AMENDED]

0
4. The authority citation for part 213 is revised to read as follows:

    Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461, 
note; and 49 CFR 1.49(m).


Sec.  213.15  [Amended]

0
5. Paragraph (a) of Sec.  213.15 is amended by:
0
a. Removing the numerical amount ``$500''; and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix B to Part 213--[Amended]

0
6. Footnote 1 to appendix B of part 213 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 214--[AMENDED]

0
7. The authority citation for part 214 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.


Sec.  214.5  [Amended]

0
8. Section 214.5 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 214--Amended]

0
9. Footnote 1 to appendix A of part 214 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 215--[AMENDED]

0
10. 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 1.49.


Sec.  215.7  [Amended]

0
11. Section 215.7 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix B to Part 215--[Amended]

0
12. Footnote 1 to appendix B of part 215 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 216--[AMENDED]

0
13. The authority citation for part 216 continues to read as follows:

    Authority: 49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-
20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.


Sec.  216.7  [Amended]

0
14. Section 216.7 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

PART 217--[AMENDED]

0
15. The authority citation for part 217 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.


Sec.  217.5  [Amended]

0
16. Section 217.5 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 217--[Amended]

0
17. Footnote 1 to appendix A of part 217 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 218--[AMENDED]

0
18. The authority citation for part 218 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.


Sec.  218.9  [Amended]

0
19. Section 218.9 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 218--[Amended]

0
20. Footnote 1 to appendix A of part 218 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 219--[AMENDED]

0
21. 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; and 49 CFR 1.49(m).


Sec.  219.9  [Amended]

0
22. Section 219.9(a) is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 219--[Amended]

0
23. Footnote 1 to appendix A of part 219 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 220--[AMENDED]

0
24. The authority citation for part 220 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 21304, 
21311; 28 U.S.C. 2461, note; and 49 CFR 1.49.


Sec.  220.7  [Amended]

0
25. Section 220.7 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix C to Part 220--[Amended]

0
26. Footnote 1 to appendix C of part 220 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 221--[AMENDED]

0
27. The authority citation for part 221 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.


Sec.  221.7  [Amended]

0
28. Section 221.7 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 221--[Amended]

0
29. Footnote 1 to appendix A of part 221 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

[[Page 30594]]

PART 222--[AMENDED]

0
30. The authority citation for part 222 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 
U.S.C. 2461, note; and 49 CFR 1.49.


Sec.  222.11  [Amended]

0
31. Section 222.11 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix G to Part 222--[Amended]

0
32. Footnote 1 to appendix G of part 222 is amended by: removing the 
numerical amount ``20,000'' and adding in its place the numerical 
amount ``27,000''.

PART 223--[AMENDED]

0
33. The authority citation for part 223 is revised to read as follows:

    Authority: 49 U.S.C. 20102-03, 20133, 20701-20702, 21301-02, 
21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.


Sec.  223.7  [Amended]

0
34. Section 223.7 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix B to Part 223--[Amended]

0
35. Footnote 1 to appendix B of part 223 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 225--[AMENDED]

0
36. The authority citation for part 225 continues to read as follows:

    Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 
21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49.


Sec.  225.29  [Amended]

0
37. Section 225.29 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 225--[Amended]

0
38. Footnote 1 to appendix A of part 225 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 228--[AMENDED]

0
39. The authority citation for part 228 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 21101-21108; 28 U.S.C. 2461, 
note and 49 CFR 1.49.


Sec.  228.21  [Amended]

0
40. Section 228.21 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix B to Part 228--[Amended]

0
41. In appendix A to part 228, the ninth paragraph below the heading 
``General Provisions,'' which is entitled ``Penalty'' is amended by 
adding the following two sentences at the end of the paragraph:

Appendix A to Part 228--Requirements of the Hours of Service Act: 
Statement of Agency Policy and Interpretation

* * * * *
    Penalty. * * * According to the same law, in 2004, the minimum 
penalty of $500 was raised to $550, and the maximum penalty for a 
grossly negligent violation or a pattern of repeated violations that 
has caused an imminent hazard of death or injury to individuals or 
has caused death or injury, was increased from $22,000 to $27,000. 
The $11,000 maximum penalty was not adjusted.
* * * * *

0
42. Footnote 1 to appendix B of part 228 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 229--[AMENDED]

0
43. The authority citation for part 229 is revised to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20137-20138, 
20143, 20701-20703, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 
CFR 1.49 (c), (m).


Sec.  229.7  [Amended]

0
44. Paragraph (b) of Sec.  229.7 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix B to Part 229--[Amended]

0
45. Footnote 1 to appendix B of part 229 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 230--[AMENDED]

0
46. The authority citation for part 230 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; 
and 49 CFR 1.49.


Sec.  230.4  [Amended]

0
47. Paragraph (a) of Sec.  230.4 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

PART 231--[AMENDED]

0
48. The authority citation for part 231 is revised 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.


Sec.  231.0  [Amended]

0
49. Paragraph (f) of Sec.  231.0 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 231--[Amended]

0
50. Footnote 1 to appendix A of part 231 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 232--[AMENDED]

0
51. 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; and 49 CFR 
1.49.


Sec.  232.11  [Amended]

0
52. Paragraph (a) of Sec.  232.11 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 232--[Amended]

0
53. Footnote 1 to appendix A of part 232 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

[[Page 30595]]

PART 233--[AMENDED]

0
54. The authority citation for Part 233 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.


Sec.  231.11  [Amended]

0
55. Section 233.11 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 223--[Amended]

0
56. Footnote 1 to appendix A of part 233 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 234--[AMENDED]

0
57. The authority citation for part 234 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.


Sec.  234.6  [Amended]

0
58. Paragraph (a) of Sec.  234.6 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 234--[Amended]

0
59. Footnote 1 to appendix A of part 234 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 235--[AMENDED]

0
60. The authority citation for part 235 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.49.


Sec.  235.9  [Amended]

0
61. Section 235.9 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 235--[Amended]

0
62. Footnote 1 to appendix A of part 235 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$22,000''.

PART 236--[AMENDED]

0
63. The authority citation for part 236 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note and 49 
CFR 1.49.


Sec.  236.0  [Amended]

0
64. Paragraph (f) of Sec.  236.0 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 236--[Amended]

0
65. Footnote 1 to appendix A of part 236 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 238--[AMENDED]

0
66. 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; 49 CFR 
1.49.


Sec.  238.11  [Amended]

0
67. Section 238.11(a) is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 238--[Amended]

0
68. Footnote 1 to appendix A to part 238 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 239--[AMENDED]

0
69. The authority citation for part 239 is revised 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 1.49(c), (g), 
(m).


Sec.  239.11  [Amended]

0
70. Section 239.11 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 239--[Amended]

0
71. Footnote 1 to appendix A to part 239 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 240--[AMENDED]

0
72. 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 1.49.


Sec.  240.11  [Amended]

0
73. Paragraph (a) of Sec.  240.11 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 240--[Amended]

0
74. Footnote 1 to appendix A of part 240 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 241--[AMENDED]

0
75. 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 1.49.


Sec.  241.15  [Amended]

0
76. Paragraph (a) of Sec.  241.15 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and
0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

Appendix A to Part 241--[Amended]

0
77. Footnote 1 to appendix A of part 241 is amended by removing the 
numerical amount ``$22,000'' and adding in its place the numerical 
amount ``$27,000''.

PART 244--[AMENDED]

0
78. The authority citation for part 244 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 
28 U.S.C. 2461, note; and 49 CFR 1.49.


Sec.  244.5  [Amended]

0
79. Paragraph (a) of Sec.  244.5 is amended by:
0
a. Removing the numerical amount ``$500'' and adding in its place the 
numerical amount ``$550''; and

[[Page 30596]]

0
b. Removing the numerical amount ``$22,000'' and adding in its place 
the numerical amount ``$27,000''.

    Issued in Washington, DC, on May 18, 2004.
Allan Rutter,
Administrator, Federal Railroad Administration.
[FR Doc. 04-11965 Filed 5-27-04; 8:45 am]
BILLING CODE 4910-06-P