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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.
28. In appendix A to part 209, amend the section Penalty Schedules;
Assessment of Maximum Penalties by:
a. Adding a sentence to the end of the sixth paragraph;
b. Revising the fourth sentence in the seventh paragraph; and c. Revising the first sentence of the tenth paragraph.
The addition and revisions read as follows:

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

Penalty Schedules; Assessment of Maximum Penalties

Effective May 3, 2021, the minimum civil monetary penalty was raised from $908 to $919, the ordinary maximum civil monetary penalty was raised from $29,707 to $30,058, and the aggravated maximum civil monetary penalty was raised from $118,826 to $120,231.
For each regulation in this part or order, the schedule shows two amounts within the $919 to $30,058
range in separate columns, the first for ordinary violations, the second for willful violations whether committed by railroads or individuals.

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 $120,231 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.

Appendix B to Part 209 Amended 29. Amend appendix B to part 209 as follows:
a. Remove the dollar amount $83,439 everywhere it appears and add in its place $84,425;
b. Remove the dollar amount $194,691 everywhere it appears and add in its place $196,992; and c. Remove the dollar amount $502
and add in its place $508.

PART 213TRACK SAFETY
STANDARDS

21304; 28 U.S.C. 2461, note; and 49 CFR
1.89.

30. The authority citation for part 213
continues to read as follows:

216.7

Authority: 49 U.S.C. 2010220114 and 20142; Sec. 403, Div. A, Public Law 110432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49
CFR 1.89.
213.15

Amended
31. In 213.15, amend paragraph a as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.

PART 214RAILROAD WORKPLACE
SAFETY
32. The authority citation for part 214
continues to read as follows:

Authority: 49 U.S.C. 2010220103, 20107, 2130121302, 31304, 28 U.S.C. 2461, note;
and 49 CFR 1.89.
214.5

Amended
33. Amend 214.5 as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.

PART 215RAILROAD FREIGHT CAR
SAFETY STANDARDS
34. 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 1.89.
215.7

Amended
35. Amend 215.7 as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.

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PART 216SPECIAL NOTICE AND
EMERGENCY ORDER PROCEDURES:
RAILROAD TRACK, LOCOMOTIVE
AND EQUIPMENT
36. The authority citation for part 216
continues to read as follows:

Authority: 49 U.S.C. 2010220104, 20107, 20111, 20133, 2070120702, 2130121302,
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Amended
37. Amend 216.7 as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.

PART 217RAILROAD OPERATING
RULES
38. 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 1.89.
217.5

Amended
39. Amend 217.5 as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.

PART 218RAILROAD OPERATING
PRACTICES
40. The authority citation for part 218
continues to read as follows:

Authority: 49 U.S.C. 20103, 20107; 20131, 20138, 20144, 20168, 28 U.S.C. 2461, note;
and 49 CFR 1.89.
218.9

Amended
41. Amend 218.9 as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and c. Remove the dollar amount $118,826 and add in its place $120,231.

PART 219CONTROL OF ALCOHOL
AND DRUG USE
42. 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;
Sec. 412, Div. A, Pub. L. 110432, 122 Stat.
4889 49 U.S.C. 20140, note; and 49 CFR
1.89.
219.10

Amended
43. Amend 219.10 as follows:
a. Remove the dollar amount $908
and add in its place $919;
b. Remove the dollar amount $29,707 and add in its place $30,058; and

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