[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11571-11572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03886]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation


Adjustment to Rail Passenger Transportation Liability Cap

AGENCY: Office of the Secretary of Transportation (OST), Department of 
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice details the adjustment made to the rail passenger 
transportation liability cap as required by section 11415 of the Fixing 
America's Surface Transportation (FAST) Act (December 4, 2015). 
Pursuant to the FAST Act, the rail passenger transportation liability 
cap is raised from $294,278,983 to $322,864,228.

DATES: This adjustment will go into effect 30 days after February 25, 
2021.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
notice, please contact Stephen O'Connor, Office of Policy and Planning, 
exception occurred on : 2021-03886.htm
exception occurred on : 2021-03886.htm
Federal Railroad Administration at stephen.o'[email protected] or (202) 
493-6325.

SUPPLEMENTARY INFORMATION: The Department of Transportation is 
publishing the inflation adjusted index factors for the rail passenger 
transportation liability cap under 49 U.S.C. 28103(a)(2), as directed 
by section 11415 of the FAST Act. The index methodology ensures that 
the aggregate allowable awards to all rail passengers, against all 
defendants, for all claims, including claims for punitive damages, 
arising from a single accident or incident is based on current dollars 
and is adjusted for inflation from the $200,000,000 cap that went into 
effect on December 2, 1997.
    Under the FAST Act, the index is adjusted to the date of enactment 
of the FAST Act using the Bureau of Labor Statistics Consumer Price 
Index--All Urban Consumers.

[[Page 11572]]

    The index was based on the liability cap established on December 2, 
1997, and the last full month prior to the enactment of the FAST Act on 
December 4, 2015. The FAST Act also directs the Secretary to update the 
liability cap every fifth year after the date of enactment. The table 
below shows the Index and inflator the Federal Railroad Administration 
used to calculate an inflation adjusted amount of $322,864,228.

                      Passenger Liability Cap Inflation Adjusted Index and Inflation Factor
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                            Month                                   Index         Inflator       Liability cap
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December 1997................................................          161.30            1.00       $200,000,000
October 2020.................................................          260.39            1.61        322,864,228
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    The adjustment of the rail passenger transportation liability cap 
to $322,864,228 shall be effective 30 days after the date of 
publication of this notice.

    Issued in Washington, DC, on February 22, 2021.
Peter Paul Montgomery Buttigieg,
Secretary.
[FR Doc. 2021-03886 Filed 2-24-21; 8:45 am]
BILLING CODE 4910-06-P


