Maximum Railroad Safety Civil Penalty Rising on Oct. 9

Adjusting one of its civil penalties to account for inflation as required by the Federal Civil Penalties Inflation Adjustment Act, the Federal Railroad Administration will put a higher maximum penalty into effect Oct. 9 for an "ordinary" violation, the agency announced Sept. 6. The act requires an adjustment every four years.

The ordinary maximum civil penalty is rising from $11,000 to $16,000, but the ordinary minimum will remain $550. FRA last adjusted its penalties in 2004, when the aggravated maximum rose from $22,000 to $27,000; this penalty is not changing this year.

The act says the adjustment must be rounded to the nearest multiple of $100 for a penalty between $100 and $1,000 and to the nearest multiple of $5,000 for a penalty of more than $10,000 and less than or equal to $100,000. FRA said it issued a final rule without a notice of proposed rulemaking or an opportunity for public comment because it has no discretion in this matter.

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