[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR239.11]

[Page 777-778]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 239_PASSENGER TRAIN EMERGENCY PREPAREDNESS--Table of Contents
 
                            Subpart A_General
 
Sec.  239.11  Penalties.

    Any person who violates any requirement of this part or causes the 
violation of any such requirement is subject

[[Page 778]]

to a civil penalty of at least $550 and not more than $11,000 per 
violation, except that: Penalties may be assessed against individuals 
only for willful violations, and, 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, a penalty not to 
exceed $27,000 per violation may be assessed. Each day a violation 
continues shall constitute a separate offense. Any person who knowingly 
and willfully falsifies a record or report required by this part may be 
subject to criminal penalties under 49 U.S.C. 21311 (formerly codified 
in 45 U.S.C. 438(e)). Appendix A contains a schedule of civil penalty 
amounts used in connection with this part.

[63 FR 24676, May 4, 1998, as amended at 69 FR 30595, May 28, 2004]

    Effective Date Note: At 72 FR 51198, Sept. 6, 2007, Sec.  239.11 was 
amended by removing the numerical amount ``$11,000'' and adding in its 
place the numerical amount ``$16,000'', effective October 9, 2007.