[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 23017-23018]
[FR Doc No: 2022-08228]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0033; Notice 2]

Mack Trucks Inc., Grant of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: Mack Trucks Inc. (Mack Trucks) has determined that certain
model year (MY) 2016-2020 Mack heavy duty motor vehicles do not fully
comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 101,
Controls and Displays. Mack Trucks filed a noncompliance report dated
October 9, 2019, and later amended the report on May 29, 2020. Mack
Trucks subsequently petitioned NHTSA for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
on November 2, 2019, and later amended this petition on May 29, 2020,
and July 9, 2020. This notice announces the grant of Mack Trucks'
petition as amended.

FOR FURTHER INFORMATION CONTACT: Neil Dold, Office of Vehicle Safety
Compliance, the National Highway Traffic Safety Administration (NHTSA),
(202) 366-7352, [email protected].

SUPPLEMENTARY INFORMATION:

I. Overview

    Mack Trucks determined that certain MY 2016-2020 Mack heavy duty
motor vehicles do not fully comply with the requirements of paragraph
S5.2.1 of FMVSS No. 101, Controls and Displays (49 CFR 571.101). Mack
Trucks filed a noncompliance report dated October 9, 2019, and later
amended the report on May 29, 2020, pursuant to 49 CFR part 573, Defect
and Noncompliance Responsibility and Reports. Mack Trucks subsequently
petitioned NHTSA on November 2, 2019, and later amended the petition on
May 29, 2020, and July 9, 2020, for an exemption from the notification
and remedy requirements of 49 U.S.C. chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
    Notice of receipt of Mack Trucks' petition was published with a 30-
day public comment period, on September 18, 2020 in the Federal
Register (85 FR 58423). One comment was received. To view the petition
and all supporting documents log onto the Federal Docket Management
System (FDMS) website at https://www.regulations.gov/. Then follow the
online search instructions to locate docket number ``NHTSA-2020-0033.''

II. Vehicles Involved

    Approximately 47,742 MY 2019-2020 Anthem, Pinnacle, and Granite
model vehicles and MY 2016-2020 LR model vehicles manufactured between
July 12, 2015, and October 3, 2019, are potentially involved.

III. Noncompliance

    Mack Trucks explains that the noncompliance is that the subject
vehicles are equipped with certain controls that are not properly
labeled with the appropriate symbols or words as required by paragraph
S5.2.1, Table 1 of FMVSS No. 101. Specifically, in the Anthem,
Pinnacle, Granite, and LR vehicles there is no identifier for the
heating and air conditioning fan control and the incorrect identifier
was used for the position side marker control. In the LR vehicles the
master lighting switch control is not identified with the required
symbol.

IV. Rule Requirements

    Paragraph S5.2.1 of FMVSS No. 101 includes the requirements
relevant to this petition. Except for the Low Tire Pressure Telltale,
each control, telltale, and indicator that is listed in column 1 of
Table 1 or Table 2 must be identified by the symbol specified for it in
column 2 or the word or abbreviation specified for it in column 3 of
Table 1 or Table 2.

V. Summary of Mack Trucks' Petition

    The following views and arguments presented in this section, ``V.
Summary of Mack Trucks' Petition,'' are the views and arguments
provided by Mack Trucks and do not reflect the views of the Agency.
Mack Trucks describes the subject noncompliance and contends that the
noncompliance is inconsequential as it relates to motor vehicle safety.
    In support of its petition, Mack Trucks offers the following
reasoning:

    1. For the heating and air conditioning fan control, the
requirement specified that the control must be labeled with the fan
symbol or the word ``fan.'' The required symbol or the word ``fan''
is not on the control. The rotary control has numbers 0 to 4 and is
located on the HVAC panel; therefore, it is obvious to the driver
that the control is for the fan speed. The owner's manual shows the
control and informs that the control is the fan speed. Operation of
the vehicles requires a Commercial Driver's License (CDL);
therefore, the driver will be a licensed professional driver.
    2. For the position side marker, end-outline marker, or
identification or clearance lamps control, the control must be
labeled with the required symbol or the words ``Marker Lamps'' or
``MK Lps.'' The control uses a different symbol to identify the
marker. The rotary control has a symbol that indicates that the
position is for the parking lights. The position in the sequence
makes it discernible to the driver. The owner's manual shows the
control and informs that the pictured symbol is for the marker
lamps. Operation of the vehicle requires a CDL; therefore, the
driver will be a licensed professional.
    3. For the Master Lighting Control, the control must be labeled
with the identified symbol or the word ``lights.'' The control is
not identified with the symbol or the word. The control is a three-
position toggle switch and includes the low beam headlight symbol
and the parking light symbol and, therefore, is discernible to the
driver. The owner's manual includes information on the control and
its purpose. Operation of the vehicles requires a CDL; therefore,
the driver will be a licensed professional driver.
    4. Mack Trucks views these noncompliances as inconsequential to
the safe operation of the vehicle. Mack Trucks states that there are
no customer complaints, field reports, warranty claims, or accidents
associated with these noncompliances.
    5. Class 7 & 8 vehicles require that the driver have CDL to
operate the vehicle.

    Mack Trucks concludes by again contending that the subject
noncompliance is inconsequential as it relates to motor vehicle safety
and that its petition be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    Mack Trucks' complete petition and all supporting documents are
available by logging onto the Federal Docket Management System (FDMS)
website at: https://www.regulations.gov and by following the online
search instructions to locate the docket number as listed in the title
of this notice.

VI. Comment

    NHTSA received one comment from the public. While the Agency takes
great interest in the public's concerns and appreciates the commenter's
feedback, the comment does not address the purpose of this particular
petition.

VII. NHTSA's Analysis

    NHTSA has evaluated the merits of the inconsequential noncompliance
petition and supplemental materials submitted by Mack Trucks and has
determined that this particular noncompliance is inconsequential to
motor vehicle safety. Specifically, the Agency considered the following
when making its decision:

    1. Each of the noncompliances described in Mack Truck's petition
involve deviations from the identification requirements in FMVSS
No.101, specifically mislabeled controls. Mislabeling may affect a
driver's recognition of a specific control, but it does not affect
the function of a control. For each of the mislabeled controls
described herein, the absence of a required label or use of an
incorrect label does not otherwise affect FMVSS No. 101's
identification and illumination requirements because other
identifying labels are present for each subject control, which
assist the driver in selecting the appropriate control.
    2. Mack Trucks explained that the subject vehicles have a
heating and air conditioning fan control that is missing the
required label using the fan symbol or words specified in Table 1 of
FMVSS No. 101. While the subject rotary control is missing the
required label, it includes labeling of numbers 0 through 4
corresponding to increasing fan speed, and the rotary control is
adjacent to and grouped with other labeled controls associated with
heating and air conditioning functions on the same control panel;
consequently, in this instance, it would be evident to a driver that
the numbered rotary control is associated with fan speed for heating
and air conditioning, and the noncompliance would not be
consequential to safety.
    3. Mack Trucks explained that the subject vehicles have marker
lamp controls that are labeled with a symbol \1\ that does not match
the symbol specified in Table 1 of FMVSS No. 101, and that the
symbol is still a lighting symbol rather than an arbitrary symbol.
Each subject vehicle's marker lamp control is part of a master
lighting control that includes multiple individually labeled
positions as either a rotary control or three-position switch lever.
For all subject vehicles except for the LR vehicles, the master
lighting control is labeled with the master lighting switch label
specified in Table 2 of FMVSS No. 101. The LR model vehicles are
equipped with a master lighting toggle switch that is not labeled
with the required symbol or word for identifying the master light
control as specified in Table 2 of FMVSS No. 101.
---------------------------------------------------------------------------

    \1\ The symbol used by Mack Trucks described in the petition is
a parking light symbol that is not recognized in FMVSS No. 101.
---------------------------------------------------------------------------

    For the Anthem, Pinnacle, and Granite model vehicles, the
incorrect marker lamp control label (which is an internationally
recognized parking light symbol, similar in nature to the marker
light symbol) would not be enough for a driver to confuse the
function of the control because it is part of the master lighting
switch; the master lighting switch otherwise includes the master
lighting switch label specified by the standard and other commonly
used lighting symbols. Notably, FMVSS No. 101 permits omission of
the marker lamp label when it is part of the master lighting
switch.\2\
---------------------------------------------------------------------------

    \2\ The standard permits omission of a separate marker lamp
identifier when the marker lamp control is included as part of the
master lighting switch (see 49 CFR 571.101 Table 1, Note 8);
however, the standard does not permit use of a marker lamp
identifier (symbol or word) other than those specified in the
standard.
---------------------------------------------------------------------------

    For the LR model vehicle, the master lighting switch is not
labeled with master lighting switch label, and the position for the
marker lamps is labeled with the same incorrect symbol for the
marker lamps. Still, all symbols that appear on the master lighting
switch (marker lamps and head lamps) are commonly recognizable as
lighting control symbols. Consequently, the specific control
implementations described in Mack Truck's petition and supplemental
materials are unlikely to alter a driver's understanding of the
lighting controls in a manner that would be consequential to safety.
    4. As explained by Mack Trucks, the subject vehicles are trucks
that may only be driven by a professional driver holding a
commercial driver's license (CDL). NHTSA believes that the
qualifications required to drive these subject vehicles further
mitigates any remaining safety risk from the noncompliance.

VIII. NHTSA's Decision

    In consideration of the foregoing, NHTSA finds that Mack Trucks has
met its burden of persuasion that the subject FMVSS No. 101
noncompliance in the affected vehicles is inconsequential to motor
vehicle safety. Accordingly, Mack Trucks' petition is hereby granted
and Mack Trucks is consequently exempted from the obligation of
providing notification of, and a free remedy for, that noncompliance
under 49 U.S.C. 30118 and 30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, this decision on
this petition only applies to the subject vehicles that Mack Trucks no
longer controlled at the time it determined that the noncompliance
existed. However, the granting of this petition does not relieve
vehicle distributors and dealers of the prohibitions on the sale, offer
for sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant vehicles under their control after Mack
Trucks notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2022-08228 Filed 4-15-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66474-66475]
[FR Doc No: 2023-21031]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2370]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before December 26, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2370, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/

prelimdownload and the respective Community Map Repository address
listed in the tables. For communities with multiple ongoing Preliminary
studies, the studies can be identified by the unique project number and
Preliminary FIRM date listed in the tables. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Amherst County, Virginia and Incorporated Areas
        Project: 20-03-0032S Preliminary Date: February 28, 2023
------------------------------------------------------------------------
Town of Amherst........................  County Administrative Offices,
                                          174 South Main Street,
                                          Amherst, VA 24521.
Unincorporated Areas of Amherst County.  Amherst County Administrative
                                          Offices, 153 Washington
                                          Street, Amherst, VA 24521.
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[FR Doc. 2023-21031 Filed 9-26-23; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24415-24424]
[FR Doc No: 2012-9709]

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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, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236,
237, 238, 239, 240, 241, 242, and 244

[Docket No. FRA-2004-17529; Notice No. 8]
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

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 aggravated maximum penalty
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 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
$100,000 to $105,000. The current minimum civil penalty per violation
of $650 and the current ordinary maximum civil penalty per violation of
$25,000 remain the same.

DATES: This final rule is effective 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<PHONE_NUMBER>),
<EMAIL_ADDRESS>
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. Public Law 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, Public Law 104-134, 110 Stat. 1321-
373, April 26, 1996. Congress recognized the important role that CMPs
play in deterring violations of Federal laws, regulations, and orders
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.
    FRA is authorized as the delegate of the Secretary of
Transportation to enforce the Federal railroad safety statutes,
regulations, and orders, including the civil penalty provisions
codified primarily at 49 U.S.C. chapter 213. See 49 U.S.C. 103 and 49
CFR 1.49; 49 U.S.C. chapter 201-213. FRA currently has safety
regulations in 31 parts of the Code of Federal Regulations that contain
provisions referencing the agency's 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 appended to
those regulations, in order to raise the aggravated maximum CMP to
$105,000. Where applicable, FRA is amending the corresponding
appendices to those regulatory provisions which outline FRA enforcement
policy. See 49 CFR part 209, app. A; 49 CFR part 228, app. A. FRA is
also amending several sections in the civil penalty schedules to
reflect FRA's existing practice, which is to increase the guideline
penalty amount from the statutory, inflation-adjusted minimum of $650
(or for some line items, $500) to $1,000 for an ordinary violation, and
$2,000 for a willful violation, to allow room for downward negotiation
during the

settlement process. These select changes to the penalty guidelines do
not modify the statutory minimum penalty (which remains at $650), but
simply memorialize FRA's policy. See 49 CFR 228.9; 49 CFR 228.11; 49
CFR 228.17; 49 CFR 231.146.A; 49 CFR 240.215(b); 49 CFR 240.223(a),
(b).
    Further, FRA is revising language in 49 CFR part 209, appendix A,
``Statement of Agency Policy Concerning Enforcement of the Federal
Railroad Safety Laws,'' to better reflect the proper statutory history
and authorities, particularly as the original version of the statement
was written in 1988 and has not been fully updated to reflect the
recodification of the Federal railroad safety statutes, effective July
5, 1994, Public Law 103-272, 108 Stat. 745, or the enactment on October
16, 2008, of the Rail Safety Improvement Act of 2008 (RSIA of 2008),
Public Law 110-432, Div. A, 122 Stat. 4848. These changes include the
updated statutory citations that resulted from the 1994 recodification.
Finally, FRA is adding the language ``or orders'' in two places within
part 209, appendix A, ``Penalty Schedules: Assessment of Maximum
Penalties,'' to reflect FRA's already existing policy of establishing
civil penalty schedules and recommended civil penalty amounts
applicable to violations of various orders issued by FRA (such as
emergency orders under 49 U.S.C. 20104) when necessary to advance the
agency's safety mission.

Description of the Calculation of the Adjustment and of FRA's Recent
Actions to Comply With the Inflation Act and the Rail Safety
Improvement Act of 2008

    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 2011) 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 2009 for the minimum CMP of $650, the ordinary maximum of
$25,000, and the aggravated maximum CMP of $100,000). See 73 FR 79698
(Dec. 30, 2008), the final rule that made those CMP changes, effective
March 2, 2009. The Inflation Act also specifies that the 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 of more than $10,000 and less than or equal to $100,000.
The first CMP adjustment may not exceed an increase of ten percent. FRA
utilizes Bureau of Labor Statistics data to calculate adjusted CMP
amounts. As will be described, FRA has adjusted its CMPs for inflation
over the years since the 1996 amendment to the Inflation Act requiring
such inflation adjustments.
    In addition, FRA has revised its CMPs pursuant to the Rail Safety
Improvement Act of 2008 (RSIA of 2008), Public Law 110-342, Div. A, 122
Stat. 4848, enacted October 16, 2008, which raised the ordinary maximum
civil penalty to $25,000 and raised the aggravated maximum civil
penalty (for a grossly negligent violation or a pattern of repeated
violations that has created an imminent hazard of death or injury or
caused death or injury) to $100,000. See sec. 302, which amended 49
U.S.C. 21301(a)(2), 21302(a)(2), and 21303(a)(2). The RSIA of 2008 did
not amend the minimum civil penalty, which at the time of its enactment
remained, pursuant to the Inflation Act, at an inflation-adjusted $550.
69 FR 30591 (May 28, 2004) and 69 FR 62817 (Oct. 28, 2004). (In 2004,
FRA had determined, by applying the adjustment calculation using the
June 2003 CPI, that the minimum CMP should be increased from $500 to
$550, effective June 28, 2004, except for the amendments to part 222,
which became effective December 18, 2004.)
    Prior to the enactment of the RSIA of 2008, FRA had been evaluating
the need to make inflation adjustments to its CMP amounts under the
requirements of the Inflation Act; however, because the RSIA of 2008
increased the authorized amounts for ordinary maximum CMPs (from
$16,000 \1\ to $25,000) and aggravated maximum CMPs (from $27,000 \2\
to $100,000), FRA amended the regulations, civil penalty schedules, and
some related guidance in the Code of Federal Regulations to reflect
this change in statutory authority for ordinary maximum and aggravated
maximum CMPs, which temporarily alleviated the need to perform
inflation adjustment calculations for FRA's ordinary maximum and
aggravated maximum CMPs. As discussed, although the RSIA of 2008
increased the authority for maximum penalties, it did not address the
minimum CMP amount; therefore, FRA calculated whether an inflation
adjustment was necessary with respect to the minimum CMP. Applying the
inflation adjustment calculation, FRA determined that the $550 minimum
CMP should be increased to $650. 73 FR 79698 (Dec. 30, 2008). In 2009,
FRA also published a correcting amendment to correct an error relating
to the total ordinary maximum civil monetary penalty amount in 49 CFR
part 232, app. A. 74 FR 15387 (Apr. 6, 2009).
---------------------------------------------------------------------------

    \1\ 72 FR 51194 (Sept. 6, 2007).
    \2\ 69 FR 30591 (May 28, 2004); 69 FR 62817 (Oct. 28, 2004).
---------------------------------------------------------------------------

    In 2012, four years after the 2008 adjustment, FRA has again
evaluated whether inflation adjustments to its CMP amounts are
necessary under the requirements of the Inflation Act. Applying the
inflation adjustment calculation, FRA has determined that the minimum
CMP of $650 and the ordinary maximum CMP of $25,000 should remain the
same but that the aggravated maximum CMP should be increased to
$105,000, as the following calculations show.

Calculations to Determine Civil Monetary Penalty Updates for 2012

1. Minimum CMP of $650 Unchanged

    As required, this year, FRA reevaluated the minimum CMP and
concluded that it should remain the same ($650), as the next
calculations show. The June 2011 CPI of 676.162 divided by the CPI for
June 2009 of 646.12 (since the last update was in 2009) equals an
inflation factor of 1.046494387; $650 times 1.046494387 equals $680.
The raw inflation adjustment amount of $30 is rounded to the nearest
multiple of $100, which is $0. The inflation adjusted minimum penalty
is $650 plus $0, or $650, and is applicable to all of the rail safety
statutes, regulations, and orders. See appendix to this final rule.
Thus, the FRA minimum CMP stays the same, at $650.

2. Ordinary Maximum CMP of $25,000 Unchanged

    Applying the adjustment calculation using the June 2011 CPI, FRA
has determined that the ordinary maximum CMP should remain the same
($25,000), as the following calculations show. The June 2011 CPI of
676.162 divided by the June 2009 CPI of 646.12 (since the last update
was in 2009) equals an inflation factor of 1.046494387; $25,000 times
1.046494387 equals $26,162, or a raw inflation adjustment amount of
$1,162, which is rounded to the nearest multiple of $5,000, which is
$0. See appendix to this final rule. Therefore, the ordinary maximum
CMP should remain at $25,000.

3. Aggravated Maximum CMP of $100,000 Raised to $105,000

    FRA also reevaluated the CMP for an aggravated violation and
determined that it should be increased to $105,000,

as the following calculations show. The June 2011 CPI of 676.162
divided by the CPI for June 2009 of 646.12 (since the last update was
in 2009) equals an inflation factor of 1.046494387; $100,000 times
1.046494387 equals $104,649. The raw inflation adjustment amount of
$4,649 is rounded to the nearest multiple of $5,000, which is $5,000.
The inflation-adjusted aggravated maximum penalty is $100,000 plus
$5,000 (the rounded raw inflation adjustment amount), or $105,000, and
is applicable to all of the rail safety statutes, regulations, and
orders. See appendix to this final rule. The aggravated maximum CMP has
been adjusted previously according to the Inflation Act. However, the
RSIA of 2008 significantly raised the aggravated maximum penalty from
$27,000 to $100,000. Public Law 110-342, Div. A, 122 Stat. 4848. In
this way, the RSIA of 2008 ``reset'' the aggravated maximum penalty,
and this review may be considered the first one conducted under the
Inflation Act of the new, statutory aggravated maximum CMP. Thus, the
ten-percent cap for first time adjustments does apply, and the new
maximum penalty amount must not exceed $110,000. However, the increase
due to inflation rounds to $5,000, and therefore the ten-percent cap
does not constrain the increase. This new FRA aggravated maximum
penalty will apply to violations that occur on or after June 25, 2012.

Public Participation

    FRA is proceeding to a final rule without providing a notice of
proposed rulemaking or an opportunity for public comment. Public
comment is unnecessary because FRA is not exercising discretion in a
way that could be informed by public comment. As such, notice and
comment procedures are ``impracticable, unnecessary, or contrary to the
public interest'' within the meaning of the Administrative Procedure
Act, 5 U.S.C. 553(b)(3)(B). Likewise, the adjustments required by the
Inflation 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 rail safety civil penalty cases
under its authority to cite for violations that occur on or after the
effective date of this final rule.

Regulatory Impact

A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures

    This final rule has been evaluated in accordance with existing
policies and procedures and determined to be non-significant under both
Executive Orders 12866 and 13563 and DOT policies and procedures. See
44 FR 11034; February 26, 1979. 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 that 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

    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 $140,800,000 or more in any one
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 final rule issued today will
not result in the expenditure, in the aggregate, of $140,800,000 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

49 CFR Part 209

    Administrative practice and procedure, Hazardous materials
transportation, Penalties, Railroad safety, Reporting and recordkeeping
requirements.

49 CFR Part 213

    Hazardous materials transportation, Penalties, Railroad safety,
Reporting and recordkeeping requirements.

49 CFR Part 214

    Bridges, Incorporation by reference, 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 Part 216

    Administrative practice and procedures, Penalties, Railroad safety,
Reporting and recordkeeping requirements.

49 CFR Part 217

    Incorporation by reference, 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

    Communications, Penalties, Radio, Railroad safety, Reporting and
recordkeeping requirements, Telephone.

49 CFR Part 221

    Incorporation by reference, Penalties, Railroad safety, Reporting
and recordkeeping requirements.

49 CFR Part 222

    Administrative practice and procedure, Highway safety, Penalties,
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 223

    Glass and glass products, Incorporation by reference, Penalties,
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 224

    Incorporation by reference, Penalties, Railroad locomotive safety,
Railroad safety, and Reporting and recordkeeping requirements.

49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements, Whistleblowing.

49 CFR Part 227

    Incorporation by reference, Locomotive noise control, Occupational
safety and health, Penalties, Railroad safety, Reporting and
recordkeeping requirements.

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 229

    Accident investigation, Data preservation, Event recorders,
Incorporation by reference, Locomotive noise control, Locomotives,
Occupational safety and health, Penalties, Railroad locomotive safety,
Railroad safety, Reporting and recordkeeping requirements, Sanitation.

49 CFR Part 230

    Locomotives, Penalties, Railroad locomotive safety, Railroad
safety, Reporting and recordkeeping requirements.

49 CFR Part 231

    Penalties, Railroad safety.

49 CFR Part 232

    Incorporation by reference, Locomotives, Penalties, Railroad
locomotive safety, Railroad power brakes, Railroad safety, Reporting
and recordkeeping requirements, Two-way end-of-train devices.

49 CFR Part 233

    Accident reporting, Penalties, Railroad safety, Railroad signals,
Reporting and recordkeeping requirements.

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.

49 CFR Part 236

    Incorporation by reference, Penalties, Positive train control,
Railroad safety, Railroad signals, Reporting and recordkeeping
requirements.

49 CFR Part 237

    Bridge safety, Penalties, Railroad safety, Reporting and
recordkeeping requirements.

49 CFR Part 238

    Fire prevention, Incorporation by reference, Penalties, Railroad
safety, Reporting and recordkeeping requirements.

49 CFR Part 239

    Penalties, Railroad safety, Reporting and recordkeeping
requirements, Security measures.

49 CFR Part 240

    Administrative practice and procedure, Penalties, Railroad
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 241

    Communications, Penalties, Railroad employees, Railroad safety,
Reporting and recordkeeping requirements.

49 CFR Part 242

    Administrative practice and procedure, Conductor, Penalties,
Railroad employees, Railroad operating procedures, Railroad safety,
Reporting and recordkeeping requirements.

49 CFR Part 244

    Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements.

The Final Rule

    In consideration of the foregoing, parts 209, 213, 214, 215, 216,
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, 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 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 1.49.

Sec.  209.409  [Amended]

0
2. Section 209.409 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.
0
3. Appendix A to part 209 is amended:
0
a. By revising the introductory text; and
0
b. In the ``Penalty Schedules: Assessment of Maximum Penalties''
section by:
0
i. Revising the first, second, and third paragraphs;
0
ii. Adding new fourth, fifth, and sixth paragraphs; and
0
iii. Revising the last paragraph.
    The revisions and additions read as follows:

Appendix A to Part 209--Statement of Agency Policy Concerning
Enforcement of the Federal Railroad Safety Laws

    The Federal Railroad Administration (``FRA'') enforces the
Federal railroad safety statutes under delegation from the Secretary
of Transportation. See 49 CFR 1.49(c), (d), (f), (g), (m), and (oo).
Those statutes include 49 U.S.C. ch. 201-213 and uncodified
provisions of the Rail Safety Improvement Act of 2008 (Pub. L. 110-
432, Div. A, 122 Stat. 4848). On July 4, 1994, the day before the
enactment of Public Law 103-272, 108 Stat. 745, the Federal railroad
safety statutes included the Federal Railroad Safety Act of 1970
(``Safety Act'') (then codified at 45 U.S.C. 421 et seq.), and a
group of statutes enacted prior to 1970 referred to collectively

herein as the ``older safety statutes'': the Safety Appliance Acts
(then codified at 45 U.S.C. 1-16); the Locomotive Inspection Act
(then codified at 45 U.S.C. 22-34); the Accident Reports Act (then
codified at 45 U.S.C. 38-43); the Hours of Service Act (then
codified at 45 U.S.C. 61-64b); and the Signal Inspection Act (then
codified at 49 App. U.S.C. 26). Effective July 5, 1994, Public Law
103-272 repealed certain general and permanent laws related to
transportation, including these rail safety laws (the Safety Act and
the older safety statutes), and reenacted them as revised by that
law but without substantive change in title 49 of the U.S. Code, ch.
201-213. Regulations implementing the Federal rail safety laws are
found at 49 CFR parts 209-244. The Rail Safety Improvement Act of
1988 (Pub. L. 100-342, enacted June 22, 1988) (``RSIA'') raised the
maximum civil penalties available under the railroad safety laws and
made individuals liable for willful violations of those laws. FRA
also enforces the hazardous materials transportation laws (49 U.S.C.
ch. 51 and uncodified provisions) (formerly the Hazardous Materials
Transportation Act, 49 App. U.S.C. 1801 et seq., which was also
repealed by Public Law 103-272, July 5, 1994, and reenacted as
revised but without substantive change) as it pertains to the
shipment or transportation of hazardous materials by rail.
* * * * *

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), Public Law
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,
Public Law 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. 73 FR 79700. The December 30, 2008 final rule also
adjusted the minimum civil penalty from $550 to $650 pursuant to
Inflation Act requirements. Id. A correcting amendment to the civil
penalty provisions in 49 CFR part 232 was published on April 6,
2009. 74 FR 15388.
    Effective June 25, 2012, the aggravated maximum penalty was
raised from $100,000 to $105,000 pursuant to the Inflation Act.
    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 is ordinarily issued as an appendix
to the relevant part of the Code of Federal Regulations. For each
regulation or order, the schedule shows two amounts within the $650
to $25,000 range in separate columns, the first for ordinary
violations, the second for willful violations (whether committed by
railroads or individuals). In one instance--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.
* * * * *
    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 $105,000 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. This authority to assess a penalty for a
single violation above $25,000 and up to $105,000 is used only in
very exceptional cases to penalize egregious behavior. 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. Footnote 1 to appendix B to part 209 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

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,
Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR
1.49.

Sec.  213.15  [Amended]

0
6. In Sec.  213.15, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix B to Part 213--[Amended]

0
7. Footnote 1 to appendix B of part 213 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 214--[AMENDED]

0
8. The authority citation for part 214 continues to read as follows:

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

Sec.  214.5  [Amended]

0
9. Section 214.5 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix A to Part 214--[Amended]

0
10. Footnote 1 to appendix A of part 214 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

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 1.49.

Sec.  215.7  [Amended]

0
12. Section 215.7 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix B to Part 215--[Amended]

0
13. Footnote 1 to appendix B of part 215 is amended by removing the

numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 216--[AMENDED]

0
14. 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
15. Section 216.7 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

PART 217--[AMENDED]

0
16. 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 1.49.

Sec.  217.5  [Amended]

0
17. Section 217.5 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix A to Part 217--[Amended]

0
18. Footnote 1 to appendix A of part 217 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 218--[AMENDED]

0
19. 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 1.49.

Sec.  218.9  [Amended]

0
20. Section 218.9 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix A to Part 218--[Amended]

0
21. Footnote 1 of appendix A to part 218 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 219--[AMENDED]

0
22. 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
23. In Sec.  219.9, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 219--[Amended]

0
24-26. Appendix A of part 219 is amended by:
0
a. Removing the numerical amount ``-5,000'' from the entry at
219.701(a) and adding in its place the numerical amount ``5,000'';
0
b. Removing the numerical amount ``-7,500'' from the entry at
219.701(a) and adding in its place the numerical amount ``7,500''; and
0
c. Removing from footnote 1 the numerical amount ``$100,000'' and
adding in its place the numerical amount ``$105,000''.

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
1.49.

Sec.  220.7  [Amended]

0
28. Section 220.7 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix C to Part 220--[Amended]

0
29. Footnote 1 to appendix C of part 220 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

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 1.49.

Sec.  221.7  [Amended]

0
31. Section 221.7 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix C to Part 221--[Amended]

0
32. Footnote 1 to appendix C of part 221 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

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 1.49.

Sec.  222.11  [Amended]

0
34. Section 222.11 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix H to Part 222--[Amended]

0
35. Footnote 1 to appendix H of part 222 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

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 1.49.

Sec.  223.7  [Amended]

0
37. Section 223.7 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix B to Part 223--[Amended]

0
38-39. Appendix B is amended by:
0
a. Removing the numerical amount ``1,500'' from the entry at 223.17 and
adding in its place the numerical amount ``2,000''; and
0
b. Removing from footnote 1the numerical amount ``$100,000'' and adding
in its place the numerical amount ``$105,000''.

PART 224--[AMENDED]

0
40. 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 1.49.

Sec.  224.11  [Amended]

0
41. Paragraph (a) of Sec.  224.11 is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 224--[Amended]

0
42. Appendix A of part 224 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

PART 225--[AMENDED]

0
43. The authority citation for part 225 continues 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 1.49.

Sec.  225.29  [Amended]

0
44. Section 225.29 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix A to Part 225--[Amended]

0
45. Footnote 1 to appendix A of part 225 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

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 1.49.

Sec.  227.9  [Amended]

0
47. Paragraph (a) of Sec.  227.9 is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix G to Part 227--[Amended]

+0
48. Footnote 1 to appendix G of part 227 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 228--[AMENDED]

0
49. 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.  228.21  [Amended]

0
50. Section 228.21 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.
0
51. In appendix A to part 228, below the heading ``GENERAL
PROVISIONS,'' the ``Penalty'' paragraph is amended by adding three
sentences to read as follows:

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

* * * * *

GENERAL PROVISIONS

* * * * *
    Penalty. * * * Meanwhile, the ordinary maximum penalty was
increased from $16,000 to $25,000 and the aggravated maximum was
increased from $27,000 to $100,000 in accordance with the authority
provided under the Rail Safety Improvement Act of 2008. See sec.
302, Div. A, Public Law 110-432, 122 Stat. 4848, 4878, Oct. 16,
2008; 49 U.S.C. 21301-21303. Effective June 25, 2012, the aggravated
maximum penalty was raised from $100,000 to $105,000 pursuant to the
Federal Civil Penalties Inflation Adjustment Act of 1990. Public Law
101-410, 104 Stat. 890, 28 U.S.C. 2461, note, as amended by Sec.
31001(s)(1) of the Debt Collection Improvement Act of 1996, Public
Law 104-134, 110 Stat. 1321-373, Apr. 16, 1996.
* * * * *

Appendix B to Part 228--[Amended]

0
52-58. Appendix B is amended by:
0
a. Removing the numerical amount ``$650'' from the entry at 228.9 and
adding in its place the numerical amount ``$1,000'';
0
b. Removing the numerical amount ``$1,000'' from the entry at 228.9 and
adding in its place the numerical amount ``$2,000'';
0
c. Removing the numerical amount ``650'' from the entry at 228.11 and
adding in its place the numerical amount ``1,000'';
0
d. Removing the numerical amount ``1,000'' from the entry at 228.11 and
adding in its place the numerical amount ``2,000'';
0
e. Removing the numerical amount ``650'' from the entry at 228.17 and
adding in its place the numerical amount ``1,000'';
0
f. Removing the numerical amount ``1,000'' from the entry at 228.17 and
adding in its place the numerical amount ``2,000''; and
0
g. Removing from footnote 1 the numerical amount ``$100,000'' and
adding in its place the numerical amount ``$105,000''.

PART 229--[AMENDED]

0
59. The authority citation for part 229 continues to read as follows:

    Authority:  49 U.S.C. 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
60. Paragraph (b) of Sec.  229.7 is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix B to Part 229--[Amended]

0
61. Footnote 1 to appendix B of part 229 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 230--[AMENDED]

0
62. 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 1.49.

Sec.  230.4  [Amended]

0
63. Paragraph (a) of Sec.  230.4 is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

PART 231--[AMENDED]

0
64. 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.

Sec.  231.0  [Amended]

0
65. Paragraph (f) of Sec.  231.0 is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 231--[Amended]

0
66-68. Appendix A is amended by:
0
a. Removing the numerical amount ``650'' from the entry at 213.146.A
and adding in its place the numerical amount ``1,000'';
0
b. Removing the numerical amount ``1,000'' from the entry at 213.146.A
and adding in its place the numerical amount ``2,000''; and
0
c. Removing from footnote 1 the numerical amount ``$100,000'' and
adding in its place the numerical amount ``$105,000''.

PART 232--[AMENDED]

0
69. 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
1.49.

Sec.  232.11  [Amended]

0
70. In Sec.  232.11, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 232--[Amended]

0
71. Footnote 1 to appendix A of part 232 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 233--[AMENDED]

0
72. The authority citation for part 233 continues to read as follows:

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

Sec.  233.11  [Amended]

0
73. Section 233.11 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix A to Part 233--[Amended]

0
74. Footnote 1 to appendix A of part 233 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 234--[AMENDED]

0
75. The authority citation for part 234 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; Pub.
L. 110-432, Div. A, Sec.  202; and 49 CFR 1.49.

Sec.  234.6  [Amended]

0
76. In Sec.  234.6, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 234--[Amended]

0
77. Footnote 1 to appendix A of part 234 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 235--[AMENDED]

0
78. 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 1.49.

Sec.  235.9  [Amended]

0
79. Section 235.9 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix A to Part 235--[Amended]

0
80. Footnote 1 to appendix A of part 235 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 236--[AMENDED]

0
81. The authority citation for part 236 continues 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 1.49.

Sec.  236.0  [Amended]

0
82. In Sec.  236.0, paragraph (f) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 236--[Amended]

0
83. Footnote 1 to appendix A of part 236 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 237--[AMENDED]

0
84. The authority citation for part 237 continues to read as follows:

    Authority: 49 U.S.C. 20102-20114; Pub. L. 110-432, division A,
section 417; 28 U.S.C. 2461, note; and 49 CFR 1.49.

Sec.  237.7  [Amended]

0
85. In Sec.  237.7, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix B to Part 237--[Amended]

0
86. Footnote 1 to appendix B of part 237 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 238--[AMENDED]

0
87. 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
88. In Sec.  238.11, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 238--[Amended]

0
89. Footnote 1 to appendix A to part 238 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 239--[AMENDED]

0
90. 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 1.49(c), (g),
(m).

Sec.  239.11  [Amended]

0
91. Section 239.11 is amended by removing the numerical amount
``$100,000'' and adding in its place the numerical amount ``$105,000''.

Appendix A to Part 239--[Amended]

0
92. Footnote 1 to appendix A to part 239 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 240--[AMENDED]

0
93. 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
94. In Sec.  240.11, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

Appendix A to Part 240--[Amended]

0
95-101. Appendix A is amended by:
0
a. Removing the numerical amount ``500'' from the entry at 240.215(b)
and adding in its place the numerical amount ``1,000'';
0
b. Removing the numerical amount ``1,000'' from the entry at 240.215(b)
and adding in its place the numerical amount ``2,000'';
0
c. Removing the numerical amount ``500'' from the entry at 240.223(a)
and adding in its place the numerical amount ``1,000'';
0
d. Removing the numerical amount ``1,000'' from the entry at 240.223(a)
and adding in its place the numerical amount ``2,000'';
0
e. Removing the numerical amount ``500'' from the entry at 240.223(b)
and adding in its place the numerical amount ``1,000'';
0
f. Removing the numerical amount ``1,000'' from the entry at 240.223(b)
and adding in its place the numerical amount ``2,000''; and
0
g. Removing from footnote 1 the numerical amount ``$100,000'' and
adding in its place the numerical amount ``$105,000''.

PART 241--[AMENDED]

0
102. 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
103. In Sec.  241.15, paragraph (a) is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

Appendix B to Part 241--[Amended]

0
104. Footnote 1 to appendix B of part 241 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 242--[AMENDED]

0
105. 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; 49 CFR 1.49.

Sec.  242.11  [Amended]

0
106. In Sec.  242.11, paragraph (a) is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

Appendix A to Part 242--[Amended]

0
107. Footnote 1 to appendix A of part 242 is amended by removing the
numerical amount ``$100,000'' and adding in its place the numerical
amount ``$105,000''.

PART 244--[AMENDED]

0
108. The authority citation for part 244 continues 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
109. In Sec.  244.5, paragraph (a) is amended by removing the numerical
amount ``$100,000'' and adding in its place the numerical amount
``$105,000''.

    Issued in Washington, DC on April 18, 2012.
Joseph C. Szabo,
Administrator, Federal Railroad Administration.

    Note: The following appendix will not appear in the Code of
Federal Regulations.

Appendix: Step-by-Step Calculations to Determine Civil Monetary Penalty
Updates: 2012

    These calculations follow guidance by the U.S. Department of
Transportation and the Government Accountability Office (GAO, which
was formerly the General Accounting Office) to determine if the
civil monetary penalties (CMPs) should be updated according to the
Inflation Act. (Sources for guidance: (1) GAO attachment to
memorandum with subject ``Annual Review of Department of
Transportation's (DOT) Civil Penalties Inflation Adjustment,'' dated
July 10, 2003; (2) policy paper entitled ``Federal Civil Penalties
Inflation Adjustment Act of 1990''). In brief, the minimum stays the
same at $650, the ordinary maximum stays the same at $25,000, but
the aggravated maximum rises from $100,000 to $105,000 under the
Inflation Act.

Minimum CMP

    The current minimum CMP is $650, last updated on December 30,
2008, effective March 2, 2009. See 73 FR 79698.

Step 1: Find the Consumer Price Index (CPI). (Bureau of Labor
Statistics (BLS), 1967 Base, U.S. City Average)
    The CPI for June of the preceding year, i.e., CPI for June 2011
= 676.162.
    The CPI for June of the year the CMP was last set or adjusted
under the Inflation Act, i.e., CPI for June 2009 = 646.12.
Step 2: Calculate the Cost of Living Adjustment (COLA), or the
Inflation Factor.
[GRAPHIC] [TIFF OMITTED] TR24AP12.000

Step 3: Find the Raw Inflation Adjustment or Inflation Adjustment
Before Rounding.
    Raw Inflation Adjustment = CMP x COLA = $650 x 1.046494387 =
$680.122 [ap] $680.
Step 4: Round the Raw Inflation Adjustment Amount.
    Recall that the increase in the CMP is rounded, according to the
rounding rules. Increase = Raw Inflation Adjustment--Original CMP =
$680 - $650 = $30.
    Use the following rounding rule: ``If the current unadjusted
penalty is greater than $100 and less than or equal to $1,000, round
the increase to the nearest multiple of $100.'' (Federal Civil
Penalties Inflation Adjustment Act of 1990, (DOT guidance, p.4))
Multiples of $100 are ($0, $100, $200, * * *). The nearest multiple
of $100 is therefore $0. Rounded, the $30 increase = $0.
Step 5: Find the Inflation Adjusted Penalty After Rounding.
    CMP after rounding = Original CMP + Rounded Increase = $650 + $0
= $650.
Step 6: Apply a 10% Ceiling if Necessary.
    As the minimum CMP has been adjusted previously according to the
Inflation Act (effective March 2009), the 10% cap for first time
adjustments does not apply. Also, the RSIA of 2008 did not affect
the minimum statutory penalty.
Step 7: Determine New Penalty.
    The new minimum CMP = $650.
    For 2012, the minimum CMP stays the same.

Ordinary Maximum CMP

    The current ordinary maximum CMP is $25,000, last updated on
December 30, 2008, effective March 2, 2009. See 73 FR 79698.

Step 1: Find the Consumer Price Index (CPI). (BLS, 1967 Base, U.S.
City Average.)
    The CPI for June of the preceding year, i.e., CPI for June 2011
= 676.162.
    The CPI for June of the year the CMP was last set or adjusted
under the Inflation Act, i.e., CPI for June 2009 = 646.121.
Step 2: Calculate the Cost of Living Adjustment (COLA), or the
Inflation Factor.
[GRAPHIC] [TIFF OMITTED] TR24AP12.001

Step 3: Find the Raw Inflation Adjustment or Inflation Adjustment
Before Rounding.
    Raw Inflation Adjustment = CMP x COLA = $25,000 x 1.046494387 =
$26,162.36 [ap] $26,162.
Step 4: Round the Raw Inflation Adjustment Amount.
    Recall that the increase in the CMP is rounded, according to the
rounding rules. Increase = Raw Inflation Adjustment--Original CMP =
$26,162 - $25,000 = $1,162.
    Use the following rounding rule: ``If the current unadjusted
penalty is greater than $10,000 and less than or equal to $100,000,
round the increase to the nearest multiple of $5,000;'' (Federal
Civil Penalties Inflation Adjustment Act of 1990, (DOT guidance,
p.4)) Multiples of $5,000 are ($0, $5,000, $10,000, * * *). The
nearest multiple of $5,000 is therefore $0. Rounded, the $1,162
increase = $0.
Step 5: Find the Inflation Adjusted Penalty After Rounding.

    CMP after rounding = Original CMP + Rounded Increase = $25,000 +
$0 = $25,000.
Step 6: Apply a 10% Ceiling if Necessary.
    The maximum CMP has been adjusted previously according to the
Inflation Act (effective March 2009). However, the RSIA of 2008
significantly raised the maximum penalty from $16,000 to $25,000. In
this way, the RSIA of 2008 ``reset'' the maximum penalty, and this
review may be considered the first one conducted under the Inflation
Act of the new statutory maximum CMP.
    The 10% cap for first time adjustments does apply.
    The new maximum penalty amount cannot exceed: $25,000 + (10% x
$25,000) = $27,500.
Step 7: Determine New Penalty.
    The new maximum CMP = $25,000.
    For 2012, the maximum CMP stays the same. The increase due to
inflation rounds to $0, and therefore the 10% cap is not a
constraining factor either.

Aggravated Maximum CMP

    The current aggravated maximum CMP is $100,000, last updated on
December 30, 2008, effective March 2, 2009. See 73 FR 79698.

Step 1: Find the Consumer Price Index (CPI). (BLS, 1967 Base, U.S.
City Average.)
    The CPI for June of the preceding year, i.e., CPI for June 2011
= 676.162.
    The CPI for June of the year the CMP was last set or adjusted
under the Inflation Act, i.e., CPI for June 2009 = 646.121.
    Step 2: Calculate the Cost of Living Adjustment (COLA), or the
Inflation Factor.
[GRAPHIC] [TIFF OMITTED] TR24AP12.002

Step 3: Find the Raw Inflation Adjustment or Inflation Adjustment
Before Rounding.
    Raw Inflation Adjustment = CMP x COLA = $100,000 x 1.046494387 =
$104,649.44 [ap] $104,649.
Step 4: Round the Raw Inflation Adjustment Amount.
    Recall that the increase in the CMP is rounded, according to the
rounding rules. Increase = Raw Inflation Adjustment--Original CMP =
$104,649 - $100,000 = $4,649.
    Use the following rounding rule: ``If the current unadjusted
penalty is greater than $10,000 and less than or equal to $100,000,
round the increase to the nearest multiple of $5,000;'' (Federal
Civil Penalties Inflation Adjustment Act of 1990, (DOT guidance,
p.4)) Multiples of $5,000 are ($0, $5,000, $10,000, * * *). The
nearest multiple of $5,000 is therefore $5,000. Rounded, the $4,649
increase = $5,000.
Step 5: Find the Inflation Adjusted Penalty After Rounding.
    CMP after rounding = Original CMP + Rounded Increase = $100,000
+ $5,000 = $105,000.
Step 6: Apply a 10% Ceiling if Necessary.
    The aggravated maximum CMP has been adjusted previously
according to the Inflation Act (effective March 2009). However, the
RSIA of 2008 significantly raised the aggravated maximum penalty
from $27,000 to $100,000. In this way, the RSIA statute ``reset''
the aggravated maximum penalty, and this review may be considered
the first one conducted under the Inflation Act of the new,
statutory aggravated maximum CMP.
    The 10% cap for first time adjustments does apply.
    The new maximum penalty amount cannot exceed: $100,000 + (10% x
$100,000) = $110,000.
Step 7: Determine New Penalty.
The new maximum CMP = $105,000.
    For 2012, the aggravated maximum CMP should increase. The
increase due to inflation rounds to $5,000, and therefore the 10%
cap does not constrain the increase.

[FR Doc. 2012-9709 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-06-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on November 9, 2007

  NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-96-1448 and DOT-OST-96-1770

________________________________________________________________________
_____________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of ARROW AIR, INC. d/b/a ARROW CARGO (ARROW CARGO) filed
10/24/07 for:

XX  Renewal of exemptions for two years under 49 U.S.C. §40109 to
provide the following service:

Docket DOT-OST-96-1448

Scheduled foreign air transportation of property and mail between New
York, New York; Miami, Florida; and San Juan, Puerto Rico, on the one
hand, and Caracas and Maracaibo, Venezuela, on the other hand.

Docket DOT-OST-96-1770

Scheduled foreign air transportation of property and mail between Miami,
Florida and Valencia, Venezuela.

Applicant rep: Pierre Murphy<PHONE_NUMBER>   DOT Analyst: Thuy H.
Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions and remarks, see below)

The above action was effective when taken: November 9, 2007, through
November 9, 2009.

Action taken by:  Paul L. Gretch, Director

		     Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Venezuela.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: XX Holder’s
certificates of public convenience and necessity

	    XX Standard exemption conditions (attached)

________________________________________________________________________
_____________

Remarks:  The U.S.-Venezuela aviation agreement does not provide for
coterminalization of Caracas and Maracaibo.  These points may be served
only as separate terminal points.

________________________________________________________________________
_____________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov

APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 49 CFR Part 1544.  To assure compliance with all
applicable U.S. Government requirements concerning security, the holder
shall, before commencing any new service (including charter flights) to
or from a foreign airport, contact its International Principal Security
Inspector (IPSI) to advise the IPSI of its plans and to find out whether
the Transportation Security Administration has determined that security
is adequate to allow such airport(s) to be served;

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

11/2006