Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24409 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. 

This technical amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999), nor will this technical 

amendment have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). 

This technical amendment does not 

require any special considerations, OMB 

review or any Agency action under 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). Nor 

will this technical amendment have any 

affect on energy supply, distribution or 

use as described in Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 

This technical amendment does not 

involve any technical standards that 

would require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (15 U.S.C. 272 note). The 

technical amendment also does not 

involve special consideration of 

environmental justice related issues 

under Executive Order 12898, entitled 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (55 FR 7629, February 16, 

1994). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: April 12, 2012. 

Ward Penberthy, 

Acting Director, Chemical Control Division, 

Office of Pollution Prevention and Toxics. 

Therefore, 40 CFR part 721 is 

corrected by making the following 

technical amendment: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 2. In § 721.9719, revise paragraph 

(a)(2)(ii) to read as follows: 

§ 721.9719 Tris carbamoyl triazine 

(generic). 

(a) * * * 

(2) * * * 

(ii) Hazard communication program. 

Requirements as specified in 

§ 721.72(a), (b), (c), (d), (e) 

(concentration set at 1.0 percent), (f), 

(g)(1)(ii), (g)(1)(iv), (g)(2)(ii), (g)(2)(iv), 

and (g)(5). 

* * * * * 

[FR Doc. 2012–9844 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 410, 411, 416, 419, 489, 

and 495 

[CMS–1525–CN2] 

RIN 0938–AQ26 

Medicare and Medicaid Programs: 

Hospital Outpatient Prospective 

Payment; Ambulatory Surgical Center 

Payment; Hospital Value-Based 

Purchasing Program; Physician SelfReferral; and Patient Notification 

Requirements in Provider Agreements; 

Corrections 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; Correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule with comment period 

published in the Federal Register on 

November 30, 2011, entitled ‘‘Medicare 

and Medicaid Programs: Hospital 

Outpatient Prospective Payment; 

Ambulatory Surgical Center Payment; 

Hospital Value-Based Purchasing 

Program; Physician Self-Referral; and 

Patient Notification Requirements in 

Provider Agreements’’ and in the 

correction notice published in the 

Federal Register on January 4, 2012, 

entitled ‘‘Medicare and Medicaid 

Programs: Hospital Outpatient 

Prospective Payment; Ambulatory 

Surgical Center Payment; Hospital 

Value-Based Purchasing Program; 

Physician Self-Referral; and Patient 

Notification Requirements in Provider 

Agreements; Corrections.’’ 

DATES: Effective date: This document is 

effective on April 24, 2012. 

Applicability Date: The corrections 

noted in this document and posted on 

the CMS Web site are applicable to 

payments on or after January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Erick Chuang, (410) 786–1816. 

SUPPLEMENTARY INFORMATION: 

I. Regulatory Overview 

In FR Doc. 2011–26812 of November 

30, 2011 (76 FR 74122) and FR Doc. 

2011–33751 of January 4, 2012 (77 FR 

217), there were a number of technical 

errors that are identified and corrected 

in the ‘‘Correction of Errors’’ section 

below. 

We issued the calendar year (CY) 

2012 hospital outpatient prospective 

payment system (OPPS)/ambulatory 

surgical center (ASC) final rule with 

comment period on November 1, 2011 

(hereinafter referred to as the CY 2012 

OPPS/ASC final rule with comment 

period). The CY 2012 OPPS/ASC final 

rule with comment period appeared in 

the November 30, 2011 Federal 

Register. 

We issued a correction notice for the 

CY 2012 OPPS/ASC final rule with 

comment period on December 30, 2011 

(hereinafter referred to as the CY 2012 

OPPS/ASC correction notice). The CY 

2012 OPPS/ASC correction notice 

appeared in the January 4, 2012 Federal 

Register. 

The provisions in this correction 

notice are effective as if they had been 

included in the CY 2012 OPPS/ASC 

final rule with comment period and in 

the CY 2012 OPPS/ASC correction 

notice. Accordingly, the corrections are 

effective January 1, 2012. 

II. Background 

In the CY 2012 OPPS/ASC final rule 

with comment period, we finalized a 

continuation of our policy to exclude 

line items that were eligible for payment 

in the claims year but did not meet the 

Medicare requirements for payment (76 

FR 74141). Line items not meeting 

requirements for Medicare payment 

were rejected or denied during claims 

processing. It is our longstanding policy 

not to use line items that were rejected 

or denied for payment for modeling 

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24410 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

costs under the OPPS. In reviewing the 

claims data used to establish the 

ambulatory payment classification 

(APC) median costs for the CY 2012 

OPPS/ASC final rule with comment 

period, we discovered that the trim of 

unpaid lines was not applied correctly. 

Therefore, we published a correction 

notice in the Federal Register on 

January 4, 2012, to correct our 

programming logic in the OPPS data 

process to apply the line item trim 

correctly. We also recalculated the 

median costs for each separately paid 

service using the claims that resulted 

from the correctly applied trim. In this 

correction notice, we are correcting the 

revenue code-to-cost center crosswalk in 

our programming logic and the 

packaging status of two drug codes. 

III. Summary of Errors 

A. Corrections to the Revenue Code-toCost Center Crosswalk 

In the CY 2012 OPPS/ASC final rule 

with comment period, we finalized a 

continuation of our policy to apply the 

hospital-specific cost-to-charge ratios 

(CCRs) to the hospital’s charges at the 

most detailed level possible, based on a 

revenue code-to-cost center crosswalk 

that contains a hierarchy of CCRs used 

to estimate costs from charges for each 

revenue code (76 FR 74134). This 

allowed us to estimate line-item costs 

for every claim in the dataset used to 

model the OPPS. In reviewing the 

program logic used to establish the APC 

median costs for the CY 2012 OPPS/ 

ASC final rule with comment period, we 

discovered that this revenue code-tocost center crosswalk contained 

incorrect mappings due to 

misalignments for several revenue 

codes, specifically revenue codes 790 

(Extra-Corp Shock Wave Therapy), 800 

(Inpatient Dialysis), 801 (Inpatient 

Hemodialysis), 802 (Inpatient peritoneal 

dialysis), 803 (inpatient dialysis CAPD), 

804 (Inpatient dialysis CCPD), and 809 

(Other inp dialysis). In this correction 

notice, we are correcting the revenue 

code-to-cost center crosswalk in our 

program logic to accurately reflect the 

crosswalk available online at http:// 

www.cms.gov/HospitalOutpatientPPS/ 

03_crosswalk.asp#TopOfPage. To obtain 

accurate median costs, we applied the 

available CCRs to the appropriate 

revenue code charges to estimate cost 

and recalculated the APC median costs 

for each separately paid service. We are 

making no other changes to the 

programming described in the CY 2012 

OPPS/ASC final rule with comment 

period or the subsequent CY 2012 

OPPS/ASC correction notice, which 

resolved a technical error in our cost 

modeling where the line item trim for 

eligible unpaid lines was not applied 

correctly. Those changes to the claims 

dataset used to model the OPPS APC 

median costs are reflected in this 

correction notice, since the combination 

of the line item trim and revenue code 

crosswalk in the data process have an 

interactive effect on the calculation of 

the APC payments. 

The application of the correct revenue 

code-to-cost center crosswalk for the 

specific revenue codes resulted in 

changes to the APC median costs used 

to establish the relative payment 

weights, therefore affecting the CY 2012 

OPPS payment rates, copayments, 

outlier threshold, and regulatory impact 

analysis. Due to changes in the APC 

median costs, we recalculated the 

budget neutral weight scaler discussed 

in section II.A.4. of the CY 2012 OPPS/ 

ASC final rule with comment period (76 

FR 74189) and in the CY 2012 OPPS/ 

ASC correction notice when we 

addressed the line item trim issue. 

Using the updated unscaled relative 

weights, the CY 2012 budget neutrality 

weight scaler is changed from 1.3585 to 

1.3597. We note that the weight scaler 

was initially corrected in the CY 2012 

OPPS/ASC correction notice (77 FR 218) 

from 1.3588 to 1.3585. We also note that 

changes associated with the revised 

APC median costs and the corrected 

budget neutrality weight scaler have no 

additional effect on the budget 

neutrality, in particular, those applied 

to the CY 2012 conversion factor. Using 

the corrected revenue code-to-cost 

center crosswalk in our programs, the 

CY 2012 OPPS fixed-dollar outlier 

threshold remains at $2,025, as 

published in the CY 2012 OPPS/ASC 

correction notice. 

We are also correcting the CY 2012 

estimated impacts. The CY 2012 OPPS/ 

ASC correction notice made changes to 

accurately apply the line item trim in 

our ratesetting process. As previously 

stated in this correction notice we are 

applying a corrected revenue code-tocost center crosswalk. The combined 

corrections to the line item trim and 

revenue code-to-cost center crosswalk 

affects the calculation of APC median 

costs and the CY 2012 OPPS payment 

rates. Therefore, this correction notice 

makes minor changes to Table 59— 

Estimated Impact of the Final CY 2012 

for the Hospital OPPS. 

To view the revised payment rates 

that result from the changed median 

costs as well as the correction to the 

packaging status of HCPCS codes J1642 

and J1644, see the Addenda and 

supporting files that are posted on the 

CMS Web site at: http://www.cms.gov/ 

HospitalOutpatientPPS/HORD/. All 

revised Addenda for this correction 

notice will be contained in a zipped 

folder on the Web page associated with 

this correction notice. The corrected CY 

2012 table of updated offset amounts is 

posted on the OPPS Web site under 

‘‘Annual Policy Files’’ which is found 

on the left side of the page. The 

corrected file of median costs is found 

under supporting documentation for 

CMS–1525–FC. 

ASC payment rates are based on the 

OPPS relative payment weights for the 

majority of services that are provided at 

ASCs. Therefore, the correct application 

of the line item based trim and the 

correct application of the revenue codeto-cost center crosswalk for the revenue 

codes specified above have an effect on 

the CY 2012 ASC relative payment 

weights and ASC payment rates. Due to 

the changes to the OPPS payment 

weights, we had to recalculate the 

budget neutral ASC weight scalar of 

0.9466 discussed in section XIII.H.2.a of 

the CY 2012 OPPS/ASC final rule with 

comment period (76 FR 74447 to 

74448). In the CY 2012 OPPS/ASC 

correction notice, we corrected the 

application of the line item based trim; 

using the updated scaled OPPS relative 

weights, the CY 2012 budget neutrality 

ASC weight scalar changed from 0.9466 

to 0.9477 (77 FR 218). In this correction 

notice, we corrected the application of 

the revenue code-to-cost center 

crosswalk for the revenue codes 

specified above; using the updated 

scaled OPPS relative weights, the CY 

2012 budget neutrality ASC weight 

scalar changed from 0.9477 to 0.9481. 

The changes associated with the revised 

OPPS relative weights and the corrected 

budget neutrality ASC weight scalar 

have no effect on the CY 2012 ASC 

conversion factor. To view the revised 

ASC payment rates that result from the 

revised ASC relative payment weights, 

see the ASC Addenda that are posted on 

the CMS Web site at: http://www.cms.

gov/Medicare/Medicare-Fee-for-ServicePayment/ASCPayment/ASCRegulations-and-Notices.html. Select 

‘‘CMS–1525–FC’’ from the list of 

regulations. All revised ASC addenda 

for this correction notice are contained 

in the zipped folder entitled 

‘‘Addendum AA, BB, DD1, DD2, EE— 

revised ASC payment rates resulting 

from upcoming Federal Register 

Correction Notice publication’’ at the 

bottom of the page for CMS–1525–FC. 

B. Correction to Packaging Status of 

Drug Codes 

In the CY 2012 OPPS/ASC final rule 

with comment period, we finalized a 

continuation of our policy to make a 

single packaging determination for a 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24411 

drug, rather than an individual 

healthcare common procedure coding 

system (HCPCS) code, when a drug has 

multiple HCPCS codes describing 

different dosages (76 FR 74303). For the 

CY 2012 OPPS/ASC final rule with 

comment period, there was an error in 

the calculation to determine the 

packaging status of drugs with multiple 

HCPCS codes that describe different 

dosages. This error resulted in the perday cost for HCPCS J1642 (Injection, 

heparin sodium (heparin lock flush), per 

10 units) and HCPCS J1644 (Injection, 

heparin sodium, per 1000 units) to be in 

excess of the $75 packaging threshold 

and both codes were consequently 

assigned to status indicator ‘‘K’’ 

(separately paid). After application of 

the correct calculation to determine the 

per-day cost for drugs that have 

multiple HCPCS codes describing 

different dosages, the per day cost for 

HCPCS J1642 and J1644 was below the 

$75 packaging threshold. Therefore, we 

are changing the status indicator 

assignment for HCPCS codes J1642 and 

J1644 from ‘‘K’’ to ‘‘N’’ (packaged) for 

CY 2012 to reflect this correction. In 

addition, because drugs that are 

determined to be packaged in the OPPS 

are also packaged under the ASC 

payment system, we are changing the 

ASC payment indicator assignment for 

HCPCS codes J1642 and J1644 from 

‘‘K2’’ to ‘‘N1’’ (packaged) for CY 2012 to 

reflect the correction detailed above. 

III. Waiver of Proposed Rulemaking 

and the 30-Day Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the agency finds, for good 

cause, that the notice and comment 

process is impracticable, unnecessary, 

or contrary to the public interest, and 

incorporates a statement of the finding 

and the reasons therefor in the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. 

The policies and payment 

methodologies finalized in the CY 2012 

OPPS/ASC final rule with comment 

period have previously been subjected 

to notice and comment procedures. This 

correction notice merely provides 

technical corrections to the CY 2012 

OPPS/ASC final rule with comment 

period and the subsequent CY 2012 

OPPS/ASC correction notice. The CY 

2012 OPPS/ASC final rule with 

comment period was promulgated 

through notice and comment 

rulemaking. This correction notice does 

not make substantive changes to the 

policies or payment methodologies that 

were finalized in the final rule with 

comment period. For example, to 

conform the document to the final 

policies of the CY 2012 OPPS/ASC final 

rule with comment period, this notice 

makes changes to revise inaccurate 

tabular information and update payment 

numbers used in the example for 

calculation of an adjusted Medicare 

Payment. Therefore, we find it 

unnecessary to undertake further notice 

and comment procedures with respect 

to this correction notice. In addition, we 

believe it is important for the public to 

have the correct information as soon as 

possible and find no reason to delay the 

dissemination of it. For the reasons 

stated above, we find that both notice 

and comment and the 30-day delay in 

effective date for this correction notice 

are unnecessary. Therefore, we find 

there is good cause to waive notice and 

comment procedures and the 30-day 

delay in effective date for this correction 

notice. 

IV. Correction of Errors 

A. Corrections to CY 2012 OPPS/ASC 

Correction Notice 

In FR Doc. 2011–33751 of January 4, 

2012 (77 FR 217), make the following 

corrections: 

1. On page 218, in the first column, 

in the second paragraph, in line 12, 

revise ‘‘1.3585’’ to read ‘‘1.3597’’. 

2. On page 218, in the third column, 

in line 11, revise ‘‘0.9477’’ to read 

‘‘0.9481’’. 

3. On page 219, in the third column, 

in the first instruction, revise ‘‘1.3585’’ 

to read ‘‘1.3597’’. 

4. On page 222, in the first column— 

A. In instruction 5.A, revise 

‘‘$309.46’’ to read ‘‘$309.74’’. 

B. In instruction 5.B, revise ‘‘$303.27’’ 

to read ‘‘$303.54’’. 

C. In instruction 6.A, revise ‘‘$244.02’’ 

to read ‘‘$244.24’’ and revise ‘‘$309.46’’ 

to read ‘‘$309.74’’. 

5. On page 222, in the second 

column— 

A. In instruction 6.B, revise ‘‘$239.14’’ 

to read ‘‘$239.35’’ and revise ‘‘$303.27’’ 

to read ‘‘$303.54’’. 

B. In instruction 6.C, revise ‘‘$123.78’’ 

to read ‘‘$123.90’’ and revise ‘‘$309.46’’ 

to read ‘‘$309.74’’. 

C. In instruction 6.D, revise ‘‘$121.31’’ 

to read ‘‘$121.42’’ and revise ‘‘$303.27’’ 

to read ‘‘$303.54’’. 

D. In instruction 6.E, revise ‘‘$367.80’’ 

to read ‘‘$368.13’’. 

E. In instruction 6.F, revise ‘‘$123.78’’ 

to read ‘‘$123.90’’ and revise ‘‘$244.02’’ 

to read ‘‘$244.24’’. 

F. In instruction 6.G, revise ‘‘$360.44’’ 

to read ‘‘$360.76’’, ‘‘$239.14’’ to read 

‘‘$239.35’’, and ‘‘$121.31’’ to read 

‘‘$121.42’’. 

G. In instruction 7.A, revise ‘‘$61.90’’ 

to read ‘‘$61.95’’. 

6. On page 222, in the third column— 

A. In instruction 7.B, revise ‘‘$309.46’’ 

to read ‘‘$309.74’’. 

B. In instruction 9.A, revise ‘‘0.9477’’ 

to read ‘‘0.9481’’. 

C. In instruction 9.B, revise ‘‘0.9477’’ 

to read ‘‘0.9481’’. 

7. On pages 223 through 226, revise 

Table 59—Estimated Impact of the Final 

CY 2012 Changes for the Hospital 

Outpatient Prospective Payment System 

to read as follows: 

BILLING CODE 4120–01–P 

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BILLING CODE 4120–01–C 

8. On page 226, in the first column, 

in instruction 11, revise ‘‘0.9477’’ to 

read ‘‘0.9481’’. 

B. Corrections to the Final Rule with 

Comment Period 

In FR Doc. 2011–26812 of November 

30, 2011 (76 FR 74122), make the 

following corrections: 

1. On page 74303, in third column, 

end of the first paragraph, remove the 

last two sentences in the paragraph that 

begins at the bottom of the second 

column. 

2. On page 74303, in third column, in 

the last paragraph, delete the following 

portion of the first sentence: ‘‘With the 

exception of the changed status 

indicators for HCPCS J1642 and J1644,’’ 

and capitalize the first letter of the new 

sentence. 

3. On page 74304, in the third column 

of the table, in the data cells associated 

with J1642 and J1644, revise ‘‘K’’ to read 

‘‘N’’. 

(Catalog of Federal Domestic Assistance 

Program No. 93.778, Medical Assistance 

Program) 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: April 18, 2012. 

Jennifer Cannistra, 

Executive Secretary to the Department. 

[FR Doc. 2012–9837 Filed 4–23–12; 8:45 am] 

BILLING CODE 4120–01–P 

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. 

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 202–493–0273), 

veronica.chittim@dot.gov. 

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, inflationadjusted 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 


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