On May 23, 2019 (84 FR 23730), the Federal Railroad Administration (FRA) published a final rule in the federal register to eliminate unnecessary costs and improve public access by removing its civil penalties schedules and guidelines from the CFR and publishing them on the FRA website. Since 1988, FRA has included the civil penalties schedules or guidelines as an appendix in the corresponding CFR Parts 200 – 299. and guidelines are not regulations nor are they subject to notice-and-comment requirements. They are merely policy statements that do not bind FRA. Instead, FRA retains full discretion to assess civil penalties for violations that are between the minimum and maximum amounts authorized by statute and adjusted for inflation. Yet, their place in the CFR has necessitated that any changes to them, including adjustments for inflation required by federal law, be published in the Federal Register. This final rule is effective May 23, 2019.
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