the requirements of the Track Safety Standards. This responsibility is
incorporated into paragraph (a).
    As provided in paragraph (b), each operator of rail flaw detection
equipment must have documentation from his or her employer that
designates his or her qualifications to perform the various functions
associated with the flaw detection process. Specifically, the
requirements help ensure that each operator is able to conduct a valid
search for internal rail flaws, determine that the equipment is
functioning properly at all times, properly interpret the test results,
and understand test equipment limitations.
    In paragraph (c), the operator must receive a minimum amount of
documented, supervised training according to the rail flaw detection
equipment provider's training program. FRA understands that this
training may not be entirely held within the classroom environment and
is in agreement that the employer should have the flexibility to
determine the training process that is appropriate for demonstrating
compliance. The operator is required to demonstrate proficiency for
each type of equipment the employer intends the operator to use, and
documentation must be available to FRA to verify the qualification.
    As provided in paragraph (d), operator reevaluation and, as
necessary, refresher training is required in accordance with the
documented training program. The employer is provided flexibility to
determine the process used in reevaluating qualified operators,
including the frequency of operator reevaluation. The reevaluation
process shall require that the employee successfully complete a
recorded examination and demonstrate proficiency to the employer on the
specific equipment type(s) to be operated. The reevaluation and
recurrent training may also consist of a periodic review of test data
submitted by the operator.
    In paragraph (e), FRA requires that the employer maintain a written
or electronic record of each operator's qualification. The record must
include the operator's name, type of equipment qualification, date of
initial qualification, and most recent re-evaluation of his or her
qualifications, if any. This paragraph is intended to ensure consistent
recordkeeping and allow FRA to accurately verify compliance.
    FRA provides in paragraph (f) that rail flaw detection equipment
operators who have demonstrated proficiency in the operation of rail
flaw detection equipment prior to publication of this final rule be
considered qualified to operate the equipment as designated by the
employer. Such an operator must thereafter undergo reevaluation in
accordance with paragraph (d) of this section. Any employee that is
considered for the position of qualified operator subsequent to the
publication of this final rule must be qualified in accordance with
paragraph (c) of this section.
    Finally, in paragraph (g) FRA requires that the records
specifically associated with the operator qualification process be
maintained at a designated location and made available to FRA as
requested, to assist in verifying compliance.

Section 213.241 Inspection Records

    This section contains requirements for keeping, handling, and
making available records of track inspections required in accordance
with subpart F.
    Paragraphs (a) and (b) remain unchanged.
    FRA revises paragraph (c) to require that internal rail inspection
records include the date of inspection, track identification and
milepost for each location tested, type of defect found and size if not
removed prior to the resumption of rail traffic, and initial remedial
action as required by Sec.  213.113. Paragraph (c) also requires that
the records document all tracks that do not receive a valid test
pursuant to Sec.  213.237(g). These changes respond to a recommendation
arising out of the report by DOT's OIG, ``Enhancing the Federal
Railroad Administration's Oversight of Track Safety Inspections,''
referenced above. The OIG recommended that FRA ``[r]evise its track
safety regulations for internal rail flaw testing to require the
railroads to report all track locations (milepost numbers or track
miles) covered during internal rail flaw testing.'' See OIG report at
p. 8. FRA has revised this section, accordingly. The last sentence of
former paragraph (c) is moved to paragraph (d), as discussed below.
    FRA redesignates former paragraph (d) as paragraph (f). In its
place, FRA slightly modifies the last sentence in former paragraph (c)
and redesignates it as paragraph (d). Paragraph (d) requires the track
owners to maintain the rail inspection records at least for two years
after an inspection has occurred and for one year after the initial
remedial action has been taken. This information is vital for FRA to
determine compliance with the rail integrity and inspection
requirements in Sec.  213.113 and Sec.  213.237.
    FRA redesignates former paragraph (e) as paragraph (g) without
substantive change. In new paragraph (e), rail inspection records must
be maintained to demonstrate compliance with Sec.  213.237(a). This
requirement is intended to provide sufficient information to determine
that accurate data concerning detected defects is utilized by the
railroads as input into the performance-based test frequency formula.
During RITF discussions, track owners asked that FRA requests for
records of rail inspections demonstrating compliance with required test
frequencies be made by a designated FRA Rail Integrity Specialist; each
track owner would then designate a person within its organization whom
the Rail Integrity Specialists would contact when requesting records of
rail inspections. FRA agrees that this suggested approach is an
efficient way to obtain inspection records and FRA intends to adopt
this approach through guidance in FRA's Track Safety Compliance Manual.
    As discussed above, FRA redesignates former paragraph (d) as
paragraph (f) without substantive change. Paragraph (f) provides that
track inspection records be made available for inspection and copying
by FRA upon request.
    Finally, as discussed above, FRA redesignates former paragraph (e)
as paragraph (g) without substantive change. Paragraph (g) contains the
requirements for maintaining and retrieving electronic records of track
and rail inspections.
Appendix B to Part 213--Schedule of Civil Penalties
    Appendix B to part 213 contains a schedule of civil penalties for
use in connection with this part. Because such penalty schedules are
statements of agency policy, notice and comment are not required prior
to their issuance. See 5 U.S.C. 553(b)(3)(A). Accordingly, FRA is
amending the penalty schedule to reflect the addition of a new section
in this part, Sec.  213.238, Qualified operator.

VIII. Regulatory Impact and Notices

A. Executive Orders 12866 and 13563, and DOT Regulatory Policies and
Procedures

    This final rule has been evaluated in accordance with existing
policies and procedures and determined to be non-significant under both
Executive Orders 12866 and 13563 and DOT policies and procedures. See
44 FR 11034; February 26, 1979. FRA has prepared and placed in the
docket a regulatory evaluation addressing the economic impact of this
final rule.
    As part of the regulatory evaluation, FRA has assessed the
quantitative costs from the implementation of this rule and has a high
degree of confidence that the majority of the rail industry is already
in compliance with the new requirements; therefore, there are minimal
costs associated with this rule. FRA's analysis follows DOT's revised
``Guidance on the Economic Value of a Statistical Life in US Department
of Transportation Analyses,'' published in March 2013. Based on real
wage growth forecasts from the CBO, DOT's guidance estimates that there
will be 1.07 percent annual growth rate in median real wages over a 20-
year period (2014-2034). Real wages represent the purchasing power of
nominal wages. FRA assumed an income elasticity of 1.0 and adjusted the
Value of Statistical Life (VSL) in future years in the same way. VSL is
the basis for valuing avoided casualties. FRA's analysis further
accounts for expected wage growth by adjusting the taxable wage
component of labor costs. Other non-labor hour-based costs and benefits
are not impacted.
    In analyzing the benefits of the final rule, FRA estimates that
over a 20-year period the industry will save $62.9 million, with a
present value (PV), discounted at 7 percent, of $35.5 million. This
cost-benefit analysis shows that the potential benefits from the rule
will exceed the total costs. In fact, the estimated benefit shows an
overall increase of 2.6% compared to the estimates provided in the
NPRM. Part of this increase is due to the application of the CBO's real
wage forecast, which adjusts the annual growth rate by 1.07 percent
annually. FRA also determined that the initial implementation year
would be 2014; therefore, all wages have been adjusted accordingly. The
change in the initial implementation year accounts for the remainder of
the increased benefits.
    FRA considered the industry costs associated with the final rule,
which include: New requirements for effective rail inspection
frequencies, changes to rail flaw remedial actions, minimum
qualification requirements for rail flaw detection equipment operators,
and new requirements for rail inspection records. The bulk of this
regulation revises FRA's Track Safety Standards by codifying the
industry's current good practices. The only entities that may be
impacted by portions of this rule are Class III railroads with Class 3,
4, or 5 track. For more details, please see the regulatory evaluation
found in the docket.
    FRA anticipates that this rulemaking will enhance safety by helping
to allocate more time to rail inspections, increasing the likelihood of
detecting more serious rail defects sooner, ensuring that qualified
operators conduct rail inspections, and including more specific
information in rail inspection records for analysis and compliance
purposes. The main benefit associated with this rule is derived from
granting railroads a four-hour window to verify certain defects found
during an inspection. The defects subject to the deferred verification
allowance are considered less likely to cause immediate rail failure,
and require less restrictive remedial action. However, without the
additional time to verify these defects, railroads must stop their
inspections to avoid a possible civil penalty. The additional time both
permits railroads to continue their

inspections and search for more serious defects and avoids the cost of
paying their internal inspection crews or renting a rail flaw detector
car an additional half day, saving the industry approximately $8,400
per day. FRA believes the value of the anticipated benefits will easily
justify the cost of implementing the final rule.

B. Regulatory Flexibility Act and Executive Order 13272

    To ensure potential impacts of rules on small entities are properly
considered, FRA has developed this final rule in accordance with
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') and DOT's procedures and policies to promote
compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.).
    The Regulatory Flexibility Act requires an agency to review
regulations to assess their impact on small entities. An agency must
prepare a regulatory flexibility analysis (RFA) unless it determines
and certifies that a rule, if promulgated, would not have a significant
economic impact on a substantial number of small entities.
    This final rule amends the Federal Track Safety Standards to
improve rail flaw detection processes and promote safety in railroad
operations. In particular, FRA is specifying minimum qualification
requirements for rail flaw detection equipment operators, as well as
revising the requirements for effective rail inspection frequencies,
rail flaw remedial actions, and rail inspection records. FRA is also
removing regulatory requirements concerning joint bar fracture
reporting.
    (1) Description of Regulated Entities and Impacts: The ``universe''
of the entities to be considered generally includes only those small
entities that are reasonably expected to be directly regulated by this
action. This final rule directly affects Class I, Class II, and Class
III railroads that operate over Class 3, 4, or 5 track.
    ``Small entity'' is defined in 5 U.S.C. 601. Section 601(3) defines
a ``small entity'' as having the same meaning as ``small business
concern'' under section 3 of the Small Business Act. This includes any
small business concern that is independently owned and operated, and is
not dominant in its field of operation. Section 601(4) likewise
includes within the definition of this term not-for-profit enterprises
that are independently owned and operated, and are not dominant in
their field of operation. The U.S. Small Business Administration (SBA)
stipulates in its size standards that the largest a railroad business
firm that is ``for profit'' may be and still be classified as a ``small
entity'' is 1,500 employees for ``Line Haul Operating Railroads'' and
500 employees for ``Switching and Terminal Establishments.''
Additionally, 5 U.S.C. 601(5) defines as ``small entities'' governments
of cities, counties, towns, townships, villages, school districts, or
special districts with populations less than 50,000.
    Federal agencies may adopt their own size standards for small
entities in consultation with SBA and in conjunction with public
comment. Pursuant to that authority, FRA has published a final
statement of agency policy that formally establishes ``small entities''
or ``small businesses'' as being railroads, contractors, and hazardous
materials shippers that meet the revenue requirements of a Class III
railroad as set forth in 49 CFR 1201.1-1, which is $20 million or less
in inflation-adjusted annual revenues; and commuter railroads or small
governmental jurisdictions that serve populations of 50,000 or less.
See 68 FR 24891, May 9, 2003, codified at appendix C to 49 CFR part
209. The $20 million-limit is based on the Surface Transportation
Board's revenue threshold for a Class III railroad. Railroad revenue is
adjusted for inflation by applying a revenue deflator formula in
accordance with 49 CFR 1201.1-1. FRA is using this definition for this
rulemaking.
    Railroads: FRA regulates approximately 782 railroads. There are 7
Class I freight railroads and 10 Class II railroads, none of which are
considered to be small. There are a total of 29 commuter/passenger
railroads, including Amtrak, affected by this rule. However, most of
the affected commuter railroads are part of larger public
transportation agencies that receive Federal funds and serve major
jurisdictions with populations greater than 50,000.
    The level of costs incurred by each railroad should generally vary
in proportion to the number of miles of Class 3, 4, or 5 track. For
instance, railroads with less track should have lower overall costs
associated with implementing the standards. There are 738 Class III
railroads, of which, only 58 are affected by this rule. However, FRA
has confirmation that the practices of 51 of these small railroads
already conform with the requirements of this regulation. FRA believes
that the practices of the remaining 7 Class III railroads also conform
with the requirements of this regulation, and that no small entity will
be negatively impacted by this regulation as a result. FRA published
this analysis in the Initial Regulatory Flexibility Analysis (IRFA)
that accompanied the NPRM and requested comments. No comments were
received on FRA's analysis of the rule's impact on small entities. Even
if the 7 Class III railroads were impacted, the economic impact on them
would likely not be significant.
    If these 7 small railroads that FRA believes are in compliance with
the rule are in fact not in compliance, the added costs would be
minimal. Seven railroads would not be a substantial number of the 738
Class III railroads. FRA estimates that it would cost a Class III
railroad $2,000 per day to rent a rail flaw detector car. The average
Class III railroad that owns Class 3, 4, or 5 track has approximately
70 miles of track. FRA estimates it would take 3 days to inspect each
railroad's entire track. The total cost per railroad would be $6,000
per year, for the base year. FRA has a high level of confidence that
these railroads are already inspecting their track at least once a
year. However, if these entities are not in compliance, FRA believes a
cost of $6,000 per year would not be a significant economic impact on
any railroad.
    During the public comment period following the NPRM, FRA did not
receive any comments discussing the IRFA or Executive Order 13272. FRA
certifies that the final rule will not have any significant economic
impact on the competitive position of small entities, or on the small
entity segment of the railroad industry as a whole.
    (2) Certification: Pursuant to the Regulatory Flexibility Act (5
U.S.C. 605(b)), FRA certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
Although a substantial number of small railroads will be affected by
the final rule, none of these entities will be significantly impacted.

C. Paperwork Reduction Act

    The information collection requirements in this final rule are
being submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
The sections that contain the current and new information collection
requirements and the estimated time to fulfill each requirement are as
follows:

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR Section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
213.4--Excepted track:
    --Designation of track as      236 railroads......  20 orders..........  15 minutes.........               5
     excepted.
    --Notification to FRA about    236 railroads......  15 notifications...  10 minutes.........               3
     removal of excepted track.
213.5--Responsibility for          728 railroads......  10 notifications...  8 hours............              80
 compliance.
213.7--Designation of qualified
 persons to supervise certain
 renewals and inspect track:
    --Designations...............  728 railroads......  1,500 names........  10 minutes.........             250
    --Employees trained in CWR     37 railroads.......  80,000 tr.           8 hours............         640,000
     procedures.                                         employees.
    --Written authorizations and   37 railroads.......  80,000 auth. +       10 minutes + 60              93,333
     recorded exams.                                     80,000 exams.        minutes.
    --Designations (partially      37 railroads.......  250 names..........  10 minutes.........              42
     qualified) under paragraph
     (c) of this section.
213.17--Waivers..................  728 railroads......  6 petitions........  24 hours...........             144
213.57--Curves; elevation and
 speed limitations:
    --Request to FRA for vehicle   728 railroads......  2 requests.........  40 hours...........              80
     type approval.
    --Written notification to FRA  728 railroads......  2 notifications....  8 hours............              16
     prior to implementation of
     higher curving speeds.
    --Written consent of track     728 railroads......  2 written consents.  45 minutes.........               2
     owners obtained by railroad
     providing service over that
     track.
213.110--Gage restraint
 measurement systems (GRMS):
    --Implementing GRMS--notices   728 railroads......  5 notifications + 1  45 minutes/4 hours.               8
     & reports.                                          tech rpt.
    --GRMS vehicle output reports  728 railroads......  50 reports.........  5 minutes..........               4
    --GRMS vehicle exception       728 railroads......  50 reports.........  5 minutes..........               4
     reports.
    --GRMS/PTLF--procedures for    728 railroads......  4 proc. docs.......  2 hours............               8
     data integrity.
    --GRMS training programs/      728 railroads......  2 programs + 5       16 hours...........             112
     sessions.                                           sessions.
    --GRMS inspection records....  728 railroads......  50 records.........  2 hours............             100
213.118--Continuous welded rail
 (CWR); plan review and approval:
    --Plans w/written procedures   279 railroads......  279 plans..........  4 hours............           1,116
     for CWR.
    --Notification to FRA and RR   279 RRs/80,000       279 + 80,000         15 minutes + 2                2,737
     employees of CWR plan          employees.           notifications.       minutes.
     effective date.
    --Written submissions after    728 railroads......  20 written           2 hours............              40
     plan disapproval.                                   submissions.
    --Final FRA disapproval and    728 railroads......  20 amended plans...  1 hour.............              20
     plan amendment.
213.119--Continuous welded rail
 (CWR); plan contents:
    --Annual CWR training of       37 railroads.......  80,000 tr.           30 minutes.........          40,000
     employees.                                          employees.
    --Recordkeeping..............  279 railroads......  2,000 records......  10 minutes.........             333
    --Recordkeeping for CWR rail   279 railroads......  360,000 rcds.......  2 minutes..........          12,000
     joints.
    --Periodic records for CWR     279 railroads......  480,000 rcds.......  1 minute...........           8,000
     rail joints.
    --Copy of track owner's CWR    279 railroads......  279 manuals........  10 minutes.........              47
     procedures.
213.233--Track inspections--       728 railroads......  12,500 notations...  1 minute...........             208
 Notations.
213.237--Inspection of rail (New
 Requirements):
    --Detailed request to FRA to   10 railroads.......  50 requests........  15 minutes.........              13
     change designation of a rail
     inspection segment or
     establish a new segment.
    --Notification to FRA and all  10 railroads.......  50 notices + 120     15 minutes.........              43
     affected employees of                               notices/bulletins.
     designation's effective date
     after FRA's approval/
     conditional approval.
    --Notice to FRA that service   10 railroads.......  12 notices.........  15 minutes.........               3
     failure rate target in
     paragraph (a) of this
     section is not achieved.
    --Explanation to FRA as to     10 railroads.......  12 letters of        15 minutes.........               6
     why performance target was                          explanation + 12
     not achieved and provision                          plans.
     to FRA of remedial action
     plan.
213.241--Inspection records......  728 railroads......  1,542,089 records..  Varies.............       1,672,941
213.303--Responsibility for        2 railroads........  1 notification.....  8 hours............               8
 compliance.
213.305--Designation of qualified  2 railroads........  20 designations....  10 minutes.........               3
 individuals; general
 qualifications Designations
 (partially qualified).
213. 317--Waivers................  2 railroads........  1 petition.........  80 hours...........              80
213.329--Curves; elevation and
 speed limitations:
    --FRA approval of qualified    2 railroads........  2 documents........  80 hours...........             160
     vehicle types based on
     results of testing.

    --Written notification to FRA  2 railroads........  3 notifications....  40 hours...........             120
     prior to implementation of
     higher curving speeds.
    --Written consent of other     2 railroads........  3 written consents.  45 minutes.........               2
     affected track owners
     obtained by railroad.
213.333--Automated vehicle-based
 inspection systems:
    --Request for atypical         10 railroads.......  1 request..........  8 hours............               8
     measurements.
    --TGMS output/exception        10 railroads.......  18 reports.........  20 hours...........             360
     reports.
    --Track/vehicle performance    10 railroads.......  13 reports/records.  20 hours...........             260
     measurement system: copies
     of most recent exception
     reports/additional records.
    --Notification to track        10 railroads.......  10 notices.........  40 hours...........             400
     personnel when onboard
     accelerometers indicate
     track related problem.
    --Requests for an alternate    10 railroads.......  10 requests........  40 hours...........             400
     location for device
     measuring lateral
     accelerations.
    --Report to FRA providing      10 railroads.......  4 reports..........  8 hours............              32
     analysis of collected
     monitoring data.
213.341--Initial inspection of
 new rail and welds:
    --Mill inspection............  2 railroads........  2 reports..........  16 hours...........              32
    --Welding plant inspection...  2 railroads........  2 reports..........  16 hours...........              32
    --Inspection of field welds..  2 railroads........  125 records........  20 minutes.........              42
213.343--Continuous welded rail    2 railroads........  150 records........  10 minutes.........              25
 (CWR).
213.345--Vehicle/track system
 qualification:
    --Vehicle qualification        10 railroads.......  10 programs........  120 hours..........           1,200
     program for all vehicle
     types operating at track
     Class 6 speeds or above or
     at curving speeds above 5
     inches of cant deficiency.
    --Previously qualified         10 railroads.......  10 programs........  80 hours...........             800
     vehicle types qualification
     programs.
    --Written consent of other     10 railroads.......  1 written consent..  8 hours............               8
     affected track owners
     obtained by railroad.
213.347--Automotive or railroad
 crossings at grade:
    --Protection plans...........  1 railroad.........  2 plans............  8 hours............              16
213.369--Inspection records:
    --Record of inspection of      2 railroads........  500 records........  1 minute...........         8 hours
     track.
    --Internal defect inspections  2 railroads........  50 records.........  5 minutes..........               4
     and remedial action taken.
----------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. For information or a copy of the
paperwork package that is being submitted to OMB, please contact Mr.
Robert Brogan, Information Clearance Officer, Federal Railroad
Administration, at<PHONE_NUMBER> (Robert.Brogan@dot.gov), or Ms.
Kimberly Toone, Records Management Officer, Federal Railroad
Administration, at<PHONE_NUMBER> (Kim.Toone@dot.gov).
    Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Office of Information and Regulatory Affairs,
Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be
sent via email to the Office of Management and Budget at the following
address<EMAIL_ADDRESS>
<EMAIL_ADDRESS>    OMB is required to make a decision concerning the collection of
information requirements contained in this final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication.
    FRA cannot impose a penalty on persons for violating information
collection requirements that do not display a current OMB control
number, if required. FRA intends to obtain current OMB control numbers
for any new information collection requirements resulting from this
rulemaking action prior to the effective date of this final rule. The
OMB control number, when assigned, will be announced by separate notice
in the Federal Register.

D. Environmental Impact

    FRA has evaluated this final rule in accordance with its
``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
(64 FR 28545, May 26, 1999) as required by the National Environmental
Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes,
Executive Orders, and related regulatory requirements. FRA has
determined that this action is not a major FRA action (requiring the
preparation of an environmental impact statement or environmental
assessment) because it is categorically excluded from detailed
environmental review pursuant to section 4(c)(20) of FRA's Procedures.
64 FR 28547, May 26, 1999. In accordance with section 4(c) and (e) of
FRA's Procedures, the agency has further concluded that no
extraordinary circumstances exist with respect to this final rule that
might trigger the need for a more detailed environmental review. As a
result, FRA finds that this final rule is not a major Federal action

significantly affecting the quality of the human environment.

E. Federalism Implications

    Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999),
requires FRA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that 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.'' Under Executive Order 13132, the agency
may not issue a regulation with federalism implications that imposes
substantial direct compliance costs and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local governments
or the agency consults with State and local government officials early
in the process of developing the regulation. Where a regulation has
federalism implications and preempts State law, the agency seeks to
consult with State and local officials in the process of developing the
regulation.
    FRA has analyzed this final rule in accordance with the principles
and criteria contained in Executive Order 13132. This final rule will
not have a substantial direct effect on the States, on the relationship
between the Federal government and the States, or on the distribution
of power and responsibilities among the various levels of government.
FRA has also determined that this final rule will not impose
substantial direct compliance costs on State and local governments.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
    Moreover, FRA notes that RSAC, which recommended the majority of
this final rule, has as permanent members two organizations
representing State and local interests: AASHTO and ASRSM. Both of these
State organizations concurred with the RSAC recommendations made in
this rulemaking. RSAC regularly provides recommendations to the
Administrator of FRA for solutions to regulatory issues that reflect
significant input from its State members. To date, FRA has received no
indication of concerns about the federalism implications of this final
rule from these representatives or from any other representatives of
State government.
    However, this final rule could have preemptive effect by operation
of law under 49 U.S.C 20106 (sec. 20106). Section 20106 provides that
States may not adopt or continue in effect any law, regulation, or
order related to railroad safety or security that covers the subject
matter of a regulation prescribed or order issued by the Secretary of
Transportation (with respect to railroad safety matters) or the
Secretary of Homeland Security (with respect to railroad security
matters), except when the State law, regulation, or order qualifies
under the ``local safety or security hazard'' exception to section
20106.
    In sum, FRA has analyzed this final rule in accordance with the
principles and criteria contained in Executive Order 13132. As
explained above, FRA has determined that this final rule has no
federalism implications, other than the possible preemption of State
laws under sec. 20106. Accordingly, FRA has determined that preparation
of a federalism summary impact statement for this final rule is not
required.

F. Unfunded Mandates Reform Act of 1995

    Pursuant to section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100,000,000 or more
(adjusted annually for inflation) in any 1 year, and before
promulgating any final rule for which a general notice of proposed
rulemaking was published, the agency shall prepare a written
statement'' detailing the effect on State, local, and tribal
governments and the private sector. This final rule will not result in
the expenditure, in the aggregate, of $100,000,000 or more (as adjusted
annually for inflation) in any one year, and thus preparation of such a
statement is not required.

G. Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' See
66 FR 28355 (May 22, 2001). Under the Executive Order a ``significant
energy action'' is defined as any action by an agency that promulgates
or is expected to lead to the promulgation of a final rule or
regulation, including notices of inquiry, advance notices of proposed
rulemaking, and notices of proposed rulemaking: (1)(i) That is a
significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.
    FRA has evaluated this final rule in accordance with Executive
Order 13211. FRA has determined that this final rule is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Consequently, FRA has determined that this final rule is not
a ``significant energy action'' within the meaning of the Executive
Order.

H. Privacy Act Statement

    Anyone is able to search the electronic form of any comment or
petition for reconsideration received into any of DOT's dockets by the
name of the individual submitting the comment or petition (or signing
the comment or petition, if submitted on behalf of an association,
business, labor union, etc.). Please see the privacy notice at http://www.regulations.gov/#!privacyNotice. You may review DOT's complete
Privacy Act Statement published in the Federal Register on April 11,
2000 (Volume 65, Number 70, Pages 19477-78), or you may visit http://www.dot.gov/privacy.html.

List of Subjects in 49 CFR Part 213

    Penalties, Railroad safety, Reporting and recordkeeping
requirements.

The Rule

    For the reasons discussed in the preamble, FRA amends part 213 of
chapter II, subtitle B of title 49, Code of Federal Regulations, as
follows:

PART 213--[AMENDED]

0
1. The authority citation for part 213 continues to read as follows:

    Authority: 49 U.S.C. 20102-20114 and 20142; Sec. 403, Div. A,
Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR
1.89.

Subpart A--General

0
2. Revise Sec.  213.3(b) to read as follows:

Sec.  213.3  Application.

* * * * *
    (b) This part does not apply to track:
    (1) Located inside an installation that is not part of the general
railroad system of transportation (i.e., a plant railroad). As used in
this part, a plant railroad means a plant or installation that owns or
leases a locomotive, uses that locomotive to switch cars throughout the
plant or installation, and is moving goods solely for use in the
facility's own industrial processes. The plant or installation could
include track immediately adjacent to the plant or installation if the
plant railroad leases the track from the general system railroad and
the lease provides for (and actual practice entails) the exclusive use
of that track by the plant railroad and the general system railroad for
purposes of moving only cars shipped to or from the plant. A plant or
installation that operates a locomotive to switch or move cars for
other entities, even if solely within the confines of the plant or
installation, rather than for its own purposes or industrial processes,
will not be considered a plant railroad because the performance of such
activity makes the operation part of the general railroad system of
transportation. Similarly, this exclusion does not apply to track over
which a general system railroad operates, even if that track is located
within a plant railroad;
    (2) Used exclusively for tourist, scenic, historic, or excursion
operations that are not part of the general railroad system of
transportation. As used in this part, tourist, scenic, historic, or
excursion operations that are not part of the general railroad system
of transportation means a tourist, scenic, historic, or excursion
operation conducted only on track used exclusively for that purpose
(i.e., there is no freight, intercity passenger, or commuter passenger
railroad operation on the track); or
    (3) Used exclusively for rapid transit operations in an urban area
that are not connected to the general railroad system of
transportation.

Subpart D--Track Structure

0
3. Revise Sec.  213.113 to read as follows:

Sec.  213.113  Defective rails.

    (a) When an owner of track learns that a rail in the track contains
any of the defects listed in the table contained in paragraph (c) of
this section, a person designated under Sec.  213.7 shall determine
whether the track may continue in use. If the designated person
determines that the track may continue in use, operation over the
defective rail is not permitted until--
    (1) The rail is replaced or repaired; or
    (2) The remedial action prescribed in the table contained in
paragraph (c) of this section is initiated.
    (b) When an owner of track learns that a rail in the track contains
an indication of any of the defects listed in the table contained in
paragraph (c) of this section, the track owner shall verify the
indication. The track owner must verify the indication within four
hours, unless the track owner has an indication of the existence of a
defect that requires remedial action A, A2, or B identified in the
table contained in paragraph (c) of this section, in which case the
track owner must immediately verify the indication. If the indication
is verified, the track owner must--
    (1) Replace or repair the rail; or
    (2) Initiate the remedial action prescribed in the table contained
in paragraph (c) of this section.
    (c) A track owner who learns that a rail contains one of the
following defects shall prescribe the remedial action specified if the
rail is not replaced or repaired, in accordance with this paragraph's
table:

                                                                  Remedial Action Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Length of defect (inch(es))         Percentage of existing rail head cross-
                              ------------------------------------------     sectional area weakened by defect     If the defective rail is not replaced
            Defect                                                      ------------------------------------------ or repaired, take the remedial action
                                    More than        But not more than        Less than        But not less than             prescribed in note
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compound Fissure.............  ...................  ...................  70.................  5..................  B.
                               ...................  ...................  100................  70.................  A2.
                               ...................  ...................  ...................  100................  A.
Transverse Fissure...........  ...................  ...................  25.................  5..................  C.
Detail Fracture..............  ...................  ...................  60.................  25.................  D.
Engine Burn Fracture.........  ...................  ...................  100................  60.................  A2, or [E and H].
Defective Weld...............  ...................  ...................  ...................  100................  A, or [E and H].
Horizontal Split Head
Vertical Split Head
    Split Web................  1..................  2..................  ...................  ...................  H and F.
    Piped Rail...............  2..................  4..................  ...................  ...................  I and G.
    Head Web Separation......  4..................  ...................  ...................  ...................  B.
    Defective Weld             (\1\)..............  (\1\)..............  ...................  ...................  A.
     (Longitudinal).
Bolt Hole Crack..............  \1/2\..............  1..................  ...................  ...................  H and F.
                               1..................  1\1/2\.............  ...................  ...................  H and G.
                               1\1/2\.............  ...................  ...................  ...................  B.
                               (\1\)..............  (\1\)..............  ...................  ...................  A.
Broken Base..................  1..................  6..................  ...................  ...................  D.
                               6 (\2\)............  ...................  ...................  ...................  A, or [E and I].
Ordinary Break...............  ...................  ...................  ...................  ...................  A or E.
Damaged Rail.................  ...................  ...................  ...................  ...................  C.
Flattened Rail Crushed Head..  Depth >= \3/8\ and   ...................  ...................  ...................  H.
                                Length >= 8.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Break out in rail head.
(2) Remedial action D applies to a moon-shaped breakout, resulting from a derailment, with length greater than 6 inches but not exceeding 12 inches and
  width not exceeding one-third of the rail base width.

    Notes:
    A. Assign a person designated under Sec.  213.7 to visually
supervise each operation over the defective rail.
    A2. Assign a person designated under Sec.  213.7 to make a visual
inspection. After a visual inspection, that person may authorize
operation to continue without continuous visual supervision at a
maximum of 10 m.p.h. for up to 24 hours prior to another such visual
inspection or replacement or repair of the rail.
    B. Limit operating speed over the defective rail to that as
authorized by a person designated under Sec.  213.7(a), who has at
least one year of supervisory experience in railroad track maintenance.
The operating speed cannot be over 30 m.p.h. or the maximum allowable
speed under Sec.  213.9 for the class of track concerned, whichever is
lower.
    C. Apply joint bars bolted only through the outermost holes to the
defect within 10 days after it is determined to continue the track in
use. In the case of Class 3 through 5 track, limit the operating speed
over the defective rail to 30 m.p.h. until joint bars are applied;
thereafter, limit the speed to 50 m.p.h. or the maximum allowable speed
under Sec.  213.9 for the class of track concerned, whichever is lower.
When a search for internal rail defects is conducted under Sec.
213.237, and defects are discovered in Class 3 through 5 track that
require remedial action C, the operating speed shall be limited to 50
m.p.h. or the maximum allowable speed under Sec.  213.9 for the class
of track concerned, whichever is lower, for a period not to exceed 4
days. If the defective rail has not been removed from the track or a
permanent repair made within 4 days of the discovery, limit operating
speed over the defective rail to 30 m.p.h. until joint bars are
applied; thereafter, limit speed to 50 m.p.h. or the maximum allowable
speed under Sec.  213.9 for the class of track concerned, whichever is
lower. When joint bars have not been applied within 10 days, the speed
must be limited to 10 m.p.h. until joint bars are applied.
    D. Apply joint bars bolted only through the outermost holes to the
defect within 7 days after it is determined to continue the track in
use. In the case of Class 3 through 5 track, limit operating speed over
the defective rail to 30 m.p.h. or less as authorized by a person
designated under Sec.  213.7(a), who has at least one year of
supervisory experience in railroad track maintenance, until joint bars
are applied; thereafter, limit speed to 50 m.p.h. or the maximum
allowable speed under Sec.  213.9 for the class of track concerned,
whichever is lower. When joint bars have not been applied within 7
days, the speed must be limited to 10 m.p.h. until the joint bars are
applied.
    E. Apply joint bars to the defect and bolt in accordance with Sec.
213.121(d) and (e).
    F. Inspect the rail within 90 days after it is determined to
continue the track in use. If the rail remains in the track and is not
replaced or repaired, the reinspection cycle starts over with each
successive reinspection unless the reinspection reveals the rail defect
to have increased in size and therefore become subject to a more
restrictive remedial action. This process continues indefinitely until
the rail is removed from the track or repaired. If not inspected within
90 days, limit speed to that for Class 2 track or the maximum allowable
speed under Sec.  213.9 for the class of track concerned, whichever is
lower, until it is inspected.
    G. Inspect rail within 30 days after it is determined to continue
the track in use. If the rail remains in the track and is not replaced
or repaired, the reinspection cycle starts over with each successive
reinspection unless the reinspection reveals the rail defect to have
increased in size and therefore become subject to a more restrictive
remedial action. This process continues indefinitely until the rail is
removed from the track or repaired. If not inspected within 30 days,
limit speed to that for Class 2 track or the maximum allowable speed
under Sec.  213.9 for the class of track concerned, whichever is lower,
until it is inspected.
    H. Limit operating speed over the defective rail to 50 m.p.h. or
the maximum allowable speed under Sec.  213.9 for the class of track
concerned, whichever is lower.
    I. Limit operating speed over the defective rail to 30 m.p.h. or
the maximum allowable speed under Sec.  213.9 for the class of track
concerned, whichever is lower.
    (d) As used in this section--
    (1) Bolt hole crack means a crack across the web, originating from
a bolt hole, and progressing on a path either inclined upward toward
the rail head or inclined downward toward the base. Fully developed
bolt hole cracks may continue horizontally along the head/web or base/
web fillet, or they may progress into and through the head or base to
separate a piece of the rail end from the rail. Multiple cracks
occurring in one rail end are considered to be a single defect.
However, bolt hole cracks occurring in adjacent rail ends within the
same joint must be reported as separate defects.
    (2) Broken base means any break in the base of the rail.
    (3) Compound fissure means a progressive fracture originating from
a horizontal split head that turns up or down, or in both directions,
in the head of the rail. Transverse development normally progresses
substantially at a right angle to the length of the rail.
    (4) Crushed head means a short length of rail, not at a joint,
which has drooped or sagged across the width of the rail head to a
depth of \3/8\ inch or more below the rest of the rail head and 8
inches or more in length. Unlike flattened rail where the depression is
visible on the rail head only, the sagging or drooping is also visible
in the head/web fillet area.
    (5) Damaged rail means any rail broken or otherwise damaged by a
derailment, broken, flat, or unbalanced wheel, wheel slipping, or
similar causes.
    (6) Defective weld means a field or plant weld containing any
discontinuities or pockets, exceeding 5 percent of the rail head area
individually or 10 percent in the aggregate, oriented in or near the
transverse plane, due to incomplete penetration of the weld metal
between the rail ends, lack of fusion between weld and rail end metal,
entrainment of slag or sand, under-bead or shrinkage cracking, or
fatigue cracking. Weld defects may originate in the rail head, web, or
base, and in some cases, cracks may progress from the defect into
either or both adjoining rail ends. If the weld defect progresses
longitudinally through the weld section, the defect is considered a
split web for purposes of remedial action required by this section.
    (7) Detail fracture means a progressive fracture originating at or
near the surface of the rail head. These fractures should not be
confused with transverse fissures, compound fissures, or other defects
which have internal origins. Detail fractures may arise from shelled
spots, head checks, or flaking.
    (8) Engine burn fracture means a progressive fracture originating
in spots where driving wheels have slipped on top of the rail head. In
developing downward these fractures frequently resemble the compound or
even transverse fissures with which they should not be confused or
classified.
    (9) Flattened rail means a short length of rail, not at a joint,
which has flattened out across the width of the rail head to a depth of
\3/8\ inch or more below the rest of the rail and 8 inches or more in
length. Flattened rail occurrences have no repetitive regularity and
thus do not include corrugations, and have no apparent localized cause
such as a weld

or engine burn. Their individual length is relatively short, as
compared to a condition such as head flow on the low rail of curves.
    (10) Head and web separation means a progressive fracture,
longitudinally separating the head from the web of the rail at the head
fillet area.
    (11) Horizontal split head means a horizontal progressive defect
originating inside of the rail head, usually \1/4\ inch or more below
the running surface and progressing horizontally in all directions, and
generally accompanied by a flat spot on the running surface. The defect
appears as a crack lengthwise of the rail when it reaches the side of
the rail head.
    (12) Ordinary break means a partial or complete break in which
there is no sign of a fissure, and in which none of the other defects
described in this paragraph (d) is found.
    (13) Piped rail means a vertical split in a rail, usually in the
web, due to failure of the shrinkage cavity in the ingot to unite in
rolling.
    (14) Split web means a lengthwise crack along the side of the web
and extending into or through it.
    (15) Transverse fissure means a progressive crosswise fracture
starting from a crystalline center or nucleus inside the head from
which it spreads outward as a smooth, bright, or dark round or oval
surface substantially at a right angle to the length of the rail. The
distinguishing features of a transverse fissure from other types of
fractures or defects are the crystalline center or nucleus and the
nearly smooth surface of the development which surrounds it.
    (16) Vertical split head means a vertical split through or near the
middle of the head, and extending into or through it. A crack or rust
streak may show under the head close to the web or pieces may be split
off the side of the head.

Sec.  213.119  [Amended]

0
4. Remove and reserve Sec.  213.119(h)(7)(ii).

Subpart F--Inspection

0
5. Revise Sec.  213.237 to read as follows:

Sec.  213.237  Inspection of rail.

    (a) In addition to the inspections required by Sec.  213.233, each
track owner shall conduct internal rail inspections sufficient to
maintain service failure rates per rail inspection segment in
accordance with this paragraph (a) for a 12-month period, as determined
by the track owner and calculated within 45 days of the end of the
period. These rates shall not include service failures that occur in
rail that has been replaced through rail relay since the time of the
service failure. Rail used to repair a service failure defect is not
considered relayed rail. The service failure rates shall not exceed--
    (1) 0.1 service failure per year per mile of track for all Class 4
and 5 track;
    (2) 0.09 service failure per year per mile of track for all Class
3, 4, and 5 track that carries regularly-scheduled passenger trains or
is a hazardous materials route; and
    (3) 0.08 service failure per year per mile of track for all Class
3, 4, and 5 track that carries regularly-scheduled passenger trains and
is a hazardous materials route.
    (b) Each rail inspection segment shall be designated by the track
owner no later than March 25, 2014 for track that is Class 4 or 5
track, or Class 3 track that carries regularly-scheduled passenger
trains or is a hazardous materials route and is used to determine the
milepost limits for the individual rail inspection frequency.
    (1) To change the designation of a rail inspection segment or to
establish a new segment pursuant to this section, a track owner must
submit a detailed request to the FRA Associate Administrator for
Railroad Safety/Chief Safety Officer (Associate Administrator). Within
30 days of receipt of the submission, FRA will review the request. FRA
will approve, disapprove, or conditionally approve the submitted
request, and will provide written notice of its determination.
    (2) The track owner's existing designation shall remain in effect
until the track owner's new designation is approved or conditionally
approved by FRA.
    (3) The track owner shall, upon receipt of FRA's approval or
conditional approval, establish the designation's effective date. The
track owner shall advise in writing FRA and all affected railroad
employees of the effective date.
    (c) Internal rail inspections on Class 4 and 5 track, or Class 3
track with regularly-scheduled passenger trains or that is a hazardous
materials route, shall not exceed a time interval of 370 days between
inspections or a tonnage interval of 30 million gross tons (mgt)
between inspections, whichever is shorter. Internal rail inspections on
Class 3 track that is without regularly-scheduled passenger trains and
not a hazardous materials route must be inspected at least once each
calendar year, with no more than 18 months between inspections, or at
least once every 30 mgt, whichever interval is longer, but in no case
may inspections be more than 5 years apart.
    (1) Any rail used as a replacement plug rail in track that is
required to be tested in accordance with this section must have been
tested for internal rail flaws.
    (2) The track owner must verify that any plug rail installed after
March 25, 2014 has not accumulated more than a total of 30 mgt in
previous and new locations since its last internal rail flaw test,
before the next test on the rail required by this section is performed.
    (3) If plug rail not in compliance with this paragraph (c) is in
use after March 25, 2014, trains over that rail must not exceed Class 2
speeds until the rail is tested in accordance with this section.
    (d) If the service failure rate target identified in paragraph (a)
of this section is not achieved, the track owner must inform FRA of
this fact within 45 days of the end of the defined 12-month period in
which the performance target is exceeded. In addition, the track owner
may provide to FRA an explanation as to why the performance target was
not achieved and provide a remedial action plan.
    (1) If the performance target rate is not met for two consecutive
years, then for the area where the greatest number of service failures
is occurring, either:
    (i) The inspection tonnage interval between tests must be reduced
to 10 mgt; or
    (ii) The class of track must be reduced to Class 2 until the target
service failure rate is achieved.
    (2) In cases where a single service failure would cause the rate to
exceed the applicable service failure rate as designated in paragraph
(a) of this section, the service failure rate will be considered to
comply with paragraph (a) of this section unless a second such failure
occurs within a designated 12-month period. For the purposes of this
paragraph (d)(2), a period begins no earlier than January 24, 2014.
    (e) Each defective rail shall be marked with a highly visible
marking on both sides of the web and base except that, where a side or
sides of the web and base are inaccessible because of permanent
features, the highly visible marking may be placed on or next to the
head of the rail.
    (f) Inspection equipment shall be capable of detecting defects
between joint bars, in the area enclosed by joint bars.
    (g) If the person assigned to operate the rail defect detection
equipment (i.e., the qualified operator) determines that a valid search
for internal defects could not be made over a particular length of
track, that particular length of track may not be considered as
internally

inspected under paragraphs (a) and (c) of this section.
    (h) If a valid search for internal defects could not be conducted,
the track owner shall, before expiration of the time or tonnage limits
in paragraph (a) or (c) of this section--
    (1) Conduct a valid search for internal defects;
    (2) Reduce operating speed to a maximum of 25 m.p.h. until such
time as a valid search can be made; or
    (3) Replace the rail that had not been inspected.
    (i) The person assigned to operate the rail defect detection
equipment must be a qualified operator as defined in Sec.  213.238 and
have demonstrated proficiency in the rail flaw detection process for
each type of equipment the operator is assigned.
    (j) As used in this section--
    (1) Hazardous materials route means track over which a minimum of
10,000 car loads or intermodal portable tank car loads of hazardous
materials as defined in 49 CFR 171.8 travel over a period of one
calendar year; or track over which a minimum of 4,000 car loads or
intermodal portable tank car loads of the hazardous materials specified
in 49 CFR 172.820 travel, in a period of one calendar year.
    (2) Plug rail means a length of rail that has been removed from one
track location and stored for future use as a replacement rail at
another location.
    (3) Service failure means a broken rail occurrence, the cause of
which is determined to be a compound fissure, transverse fissure,
detail fracture, or vertical split head.
    (4) Valid search means a continuous inspection for internal rail
defects where the equipment performs as intended and equipment
responses are interpreted by a qualified operator as defined in Sec.
213.238.

0
6. Add Sec.  213.238 to read as follows:

Sec.  213.238  Qualified operator.

    (a) Each provider of rail flaw detection shall have a documented
training program in place and shall identify the types of rail flaw
detection equipment for which each equipment operator it employs has
received training and is qualified. A provider of rail flaw detection
may be the track owner. A track owner shall not utilize a provider of
rail flaw detection that fails to comply with the requirements of this
paragraph.
    (b) A qualified operator shall be trained and have written
authorization from his or her employer to:
    (1) Conduct a valid search for internal rail defects utilizing the
specific type(s) of equipment for which he or she is authorized and
qualified to operate;
    (2) Determine that such equipment is performing as intended;
    (3) Interpret equipment responses and institute appropriate action
in accordance with the employer's procedures and instructions; and
    (4) Determine that each valid search for an internal rail defect is
continuous throughout the area inspected and has not been compromised
due to environmental contamination, rail conditions, or equipment
malfunction.
    (c) To be qualified, the operator must have received training in
accordance with the documented training program and a minimum of 160
hours of rail flaw detection experience under direct supervision of a
qualified operator or rail flaw detection equipment manufacturer's
representative, or some combination of both. The operator must
demonstrate proficiency in the rail defect detection process, including
the equipment to be utilized, prior to initial qualification and
authorization by the employer for each type of equipment.
    (d) Each employer shall reevaluate the qualifications of, and
administer any necessary recurrent training for, the operator as
determined by and in accordance with the employer's documented program.
The reevaluation process shall require that the employee successfully
complete a recorded examination and demonstrate proficiency to the
employer on the specific equipment type(s) to be operated. Proficiency
may be determined by a periodic review of test data submitted by the
operator.
    (e) Each employer of a qualified operator shall maintain written or
electronic records of each qualification in effect. Each record shall
include the name of the employee, the equipment to which the
qualification applies, date of qualification, and date of the most
recent reevaluation, if any.
    (f) Any employee who has demonstrated proficiency in the operation
of rail flaw detection equipment prior to January 24, 2014, is deemed a
qualified operator, regardless of the previous training program under
which the employee was qualified. Such an operator shall be subject to
paragraph (d) of this section.
    (g) Records concerning the qualification of operators, including
copies of equipment[hyphen]specific training programs and materials,
recorded examinations, demonstrated proficiency records, and
authorization records, shall be kept at a location designated by the
employer and available for inspection and copying by FRA during regular
business hours.

0
7. Amend Sec.  213.241 by:
0
a. Redesignating paragraphs (d) and (e) as (f) and (g),
0
b. Revising paragraph (c),
0
c. Adding new paragraphs (d) and (e), and
0
d. Revising newly redesignated paragraphs (f) and (g) to read as
follows:

Sec.  213.241  Inspection records.

* * * * *
    (c) Records of internal rail inspections required by Sec.  213.237
shall specify the--
    (1) Date of inspection;
    (2) Track inspected, including beginning and end points;
    (3) Location and type of defects found under Sec.  213.113;
    (4) Size of defects found under Sec.  213.113, if not removed prior
to the next train movement;
    (5) Initial remedial action taken and the date thereof; and
    (6) Location of any track not tested pursuant to Sec.  213.237(g).
    (d) The track owner shall retain a rail inspection record under
paragraph (c) of this section for at least two years after the
inspection and for one year after initial remedial action is taken.
    (e) The track owner shall maintain records sufficient to
demonstrate the means by which it computes the service failure rate on
all track segments subject to the requirements of Sec.  213.237(a) for
the purpose of determining compliance with the applicable service
failure rate target.
    (f) Each track owner required to keep inspection records under this
section shall make those records available for inspection and copying
by FRA upon request.
    (g) For purposes of complying with the requirements of this
section, a track owner may maintain and transfer records through
electronic transmission, storage, and retrieval provided that--
    (1) The electronic system is designed so that the integrity of each
record is maintained through appropriate levels of security such as
recognition of an electronic signature, or another means, which
uniquely identifies the initiating person as the author of that record.
No two persons shall have the same electronic identity;
    (2) The electronic storage of each record shall be initiated by the
person making the inspection within 24 hours following the completion
of that inspection;
    (3) The electronic system shall ensure that each record cannot be
modified in any way, or replaced, once the record is transmitted and
stored;
    (4) Any amendment to a record shall be electronically stored apart
from the record which it amends. Each

amendment to a record shall be uniquely identified as to the person
making the amendment;
    (5) The electronic system shall provide for the maintenance of
inspection records as originally submitted without corruption or loss
of data;
    (6) Paper copies of electronic records and amendments to those
records that may be necessary to document compliance with this part
shall be made available for inspection and copying by FRA at the
locations specified in paragraph (b) of this section; and
    (7) Track inspection records shall be kept available to persons who
performed the inspections and to persons performing subsequent
inspections.

0
8. Amend appendix B to part 213 by adding the entry for Sec.  213.238
in numerical order under subpart F to read as follows:

Appendix B to Part 213--Schedule of Civil Penalties

----------------------------------------------------------------------------------------------------------------
                           Section                                    Violation           Willful violation \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
SUBPART F--Inspection:

                                                  * * * * * * *
213.238 Qualified operator..................................                   $2,500                    $5,000

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the
  right to assess a penalty of up to $105,000 for any violation where circumstances warrant. See 49 CFR part
  209, appendix A.

    Issued in Washington, DC, on January 16, 2014.
Joseph C. Szabo,
Administrator.
[FR Doc. 2014-01387 Filed 1-23-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Rules and Regulations]
[Page 72915-72917]
[DOCID:fr26de07-3]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28876; Directorate Identifier 2000-NE-08-AD;
Amendment 39-15311; AD 2007-26-09]
RIN 2120-AA64

Airworthiness Directives; Hartzell Propeller Inc. Compact Series
Propellers

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for all Hartzell Propeller Inc. models ( )HC-( )( )Y( )-( )( )( )
compact series, constant speed or feathering propellers with Hartzell
manufactured ``Y'' shank aluminum blades. That AD currently requires
initial blade inspections, with no repetitive inspections; rework of
all ``Y'' shank aluminum blades including cold rolling of the blade
shank retention radius, blade replacement and modification of pitch
change mechanisms for certain propeller models; and changing the
airplane operating limitations with specific models of propellers
installed. This AD requires the same actions but clarifies certain
areas of the compliance, and updates a certain service bulletin (SB)
reference to the most recent SB. This AD results from operators
requesting clarification of certain portions of AD 2002-09-08. We are
issuing this AD to prevent failure of the propeller blade from fatigue
cracks in the blade shank radius, which can result in damage to the
airplane and loss of airplane control.

DATES: This AD becomes effective January 30, 2008. The Director of the
Federal Register previously approved the incorporation by reference of
certain publications listed in the regulations as of June 13, 2002 (67
FR 31113, May 9, 2002). The Director of the Federal Register approved
the incorporation by reference of certain publications listed in the
regulations as of January 30, 2008.

ADDRESSES: You can get the service information identified in this AD
from Hartzell Propeller Inc. Technical Publications Department, One
Propeller Place, Piqua, OH 45356; telephone<PHONE_NUMBER>; fax (937)
778-4391.
    The Docket Operations office is located at Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.

FOR FURTHER INFORMATION CONTACT: Tim Smyth, Senior Aerospace Engineer,
Chicago Aircraft Certification Office, FAA, Small Airplane Directorate,
2300 East Devon Avenue, Des Plaines, IL 60018-4696; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 by
superseding AD 2002-09-08, Amendment 39-12741 (67 FR 31113, May 9,
2002) with a proposed AD. The proposed AD applies to Hartzell Propeller
Inc. models ( )HC-( )( )Y ( )-( )( )( ) compact series, constant speed
or feathering propellers with Hartzell manufactured ``Y'' shank
aluminum blades. We published the proposed AD in the Federal Register
on August 14, 2006 (71 FR 46413). That action proposed to require the
same actions as AD 2002-09-08, but would clarify certain areas of the
compliance and would update a certain SB reference to the most recent
SB.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is provided in
the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comment received.

Incorporate Service Documents by Reference and Publish Them in the
Document Management System

    The Modification and Replacement Parts Association requests that
all service documents deemed essential to the accomplishment of the AD
be incorporated by reference into the regulatory instrument, and
published in the Docket Management System. We partially agree. We have
incorporated pertinent service material into the regulatory section of
this AD. However, at this time, the FAA does not post service material
on the Federal Docket Management System. We are in the process of
reviewing issues surrounding the posting of service bulletins on the
Federal Docket Management System as part of an AD docket. Once we have
thoroughly examined all aspects of this issue and have made a final
determination, we will consider whether our current practice needs to
be revised.

Format Changes

    We changed the propeller blade shank cold rolling information from
being a note, to paragraphs. We also added paragraphs to the
alternative methods of compliance, to make the information more
readable.

Conclusion

    We have carefully reviewed the available data, including the
comment received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.

Costs of Compliance

    We estimate that this AD will affect 35,750 propellers installed on
airplanes of U.S. registry. We expect this AD will cost about $700 per
propeller. Total cost to U.S. operators for this AD would be about
$25.025 million. However, we also expect that all of the affected
propellers should have already been inspected to comply with the
existing AD's requirements to inspect, and

rework or replace the aluminum blades. Therefore, we expect that this
AD will have no additional cost.

Docket Number Change

    We are transferring the docket for this AD to the Federal Docket
Management System as part of our on-going docket management
consolidation efforts. The new Docket No. is FAA-2007-28876. The old
Docket No. became the Directorate Identifier, which is 2000-NE-08-AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-12741 (67 FR
31113, May 9, 2002), and by adding a new airworthiness directive,
Amendment 39-15311, to read as follows:
2007-26-09 Hartzell Propeller Inc.: Amendment 39-15311. Docket No.
FAA-2007-28876; Directorate Identifier 2000-NE-08-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January
30, 2008.

Affected ADs

    (b) This AD supersedes AD 2002-09-08, Amendment 39-12741.

Applicability

    (c) This AD applies to all Hartzell Propeller Inc. models ( )HC-
( )( )Y( )-( )( )( ) compact series constant speed or feathering
propellers with Hartzell manufactured ``Y'' shank aluminum blades.
These propellers are used on, but not limited to, the following
airplanes:

------------------------------------------------------------------------
              Manufacturer                        Airplane Model
------------------------------------------------------------------------
Aermacchi S.pA. (formerly Siai-          S-208
 Marchetti).
Aero Commander.........................  200B and 200D
Aerostar...............................  600
Beech..................................  24, 35, 36, 45, 55, 56TC, 58,
                                          60, and 95
Bellanca...............................  14 and 17 series
Cessna.................................  182 and 188
Embraer................................  EMB-200A
Maule..................................  M5
Mooney.................................  M20 and M22
Pilatus Britten Norman, or Britten       BN-2, BN-2A, and BN-2A-6
 Norman.
Piper..................................  PA-23, PA-24, PA-28, PA-30, PA-
                                          31, PA-32, PA-34, PA-36, and
                                          PA-39
Pitts..................................  S-1T and S-2A
Rockwell...............................  112, 114, 200, 500, and 685
                                          series
------------------------------------------------------------------------

    (d) The parentheses appearing in the propeller model number
indicates the presence or absence of an additional letter(s) that
varies the basic propeller model. This AD applies regardless of
whether these letters are present or absent in the propeller model
designation.

Unsafe Condition

    (e) This AD results from operators requesting clarification of
certain portions of AD 2002-09-08. We are issuing this AD to prevent
failure of the propeller blade from fatigue cracks in the aluminum
blade shank radius, which can result in damage to the airplane and
loss of airplane control.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.
    (g) If the propeller maintenance records show compliance with AD
77-12-06R2, then compliance was previously done and no further
action is required.
    (h) Propellers are considered in compliance with the one-time
inspection and rework requirements only, of this AD if:
    (1) All blades are serial number D47534 and above, or
    (2) All blades are identified with the letters ``PR'' or ``R''
which are ink-stamped on the camber side, or the letters ``RD''
which are metal-stamped on the blade butt.

Models ( )HC-( )( )Y( ) Compact Series ``Y'' Shank Propellers

    (i) If propeller models ( )HC-( )( )Y( ) have not been inspected
and reworked in accordance with AD 77-12-06R2, then before further
flight, do a one-time action to remove, inspect, rework, or replace
blades if

necessary using Hartzell Service Bulletin (SB) No. 118A, dated
February 15, 1977.

Propeller Blade Shank Cold Rolling

    (j) One requirement in Hartzell SB No. 118A is the cold rolling
of the propeller blade shank.
    (1) Cold rolling is a critical requirement in the prevention of
cracks in the blade. Propeller repair shops must obtain and maintain
proper certification to perform the cold rolling procedure.
    (2) For a current list of propeller overhaul facilities approved
to perform the blade shank cold rolling procedure, contact Hartzell
Product Support, telephone<PHONE_NUMBER>.
    (3) Not all propeller repair facilities have the equipment to
properly perform a cold roll of the blade shanks.
    (4) In addition, any rework in the blade shank area will also
necessitate the cold rolling of the blade shank area, apart from the
one-time cold rolling requirement of this AD.

Instrument Panel Modifications

    (k) If airplanes with propeller models ( )HC-C2YK-( )( )( )/( )(
)7666A-( ), installed on (undampered) 200 or more horsepower
Lycoming IO-360 series engines, have not been modified using AD 77-
12-06R2, then modify the airplane instrument panel according to the
following subparagraphs before further flight. Airplanes include,
but are not limited to, Mooney M20E and M20F (normal category),
Piper PA-28R-200 (normal category), and Pitts S-1T and S-2A
(acrobatic category).
    (1) For normal category airplanes, before further flight, remove
the present vibration placard and affix a new placard near the
engine tachometer that states:
    ``Avoid continuous operation:
    Between 2,000 and 2,350 rpm.''
    (2) For utility and acrobatic category airplanes, before further
flight, remove the present vibration placard and affix a new placard
near the engine tachometer that states:
    ``Avoid continuous operation:
    Between 2,000 and 2,350 rpm.
    Above 2,600 rpm in acrobatic flight.''
    (3) For normal category airplanes, re-mark the engine tachometer
face or bezel with a red arc for the restricted engine speed range,
between 2,000 and 2,350 rpm.
    (4) For acrobatic and utility airplanes, re-mark the engine
tachometer face or bezel with a red arc for each restricted engine
speed range, i.e., between 2,000 and 2,350 rpm and between 2,600 and
2,700 rpm (red line).

Models ( )HC-C2YK-( )( )( )/( )( )8475( )-( ) or ( )( )8477( )-( )
Propellers

    (l) If propeller models ( )HC-C2YK-( )( )( )/( )( )8475( )-( )
or ( )( )8477( )-( ) have not been inspected and reworked in
accordance with AD 74-15-02, then do the following maintenance
before further flight.
    (1) Remove propeller from airplane.
    (2) Modify pitch change mechanism, and replace blades with
equivalent model blades prefixed with letter ``F'' using Hartzell
Service Letter No. 69, dated November 30, 1971 and Hartzell SB No.
101D, dated December 19, 1974.
    (3) Inspect and repair or replace, if necessary, using Hartzell
SB No. 118A, dated February 15, 1977.

Alternative Methods of Compliance

    (m) The Manager, Chicago Aircraft Certification Office, has the
authority to approve alternative methods of compliance for this AD
if requested using the procedures found in 14 CFR 39.19.
    (n) Alternative methods of compliance for Hartzell SB No. 118A,
dated February 15, 1977, are: Hartzell SB No. 118B, November 28,
1977; SB No. 118C, May 13, 1983; SB No. 118D, March 25, 1991; SB No.
HC-SB-61-118E, December 14, 2001; SB No. HC-SB-61-118 revision F,
dated August 15, 2002, and Hartzell Manual 133C.
    (o) An alternative method of compliance to Hartzell SB No. 101D,
dated December 19, 1974, is Hartzell Manual 133C.
    (p) No adjustment in the compliance time is allowed.

Related Information

    (q) Contact Tim Smyth, Senior Aerospace Engineer, Chicago
Aircraft Certification Office, FAA, Small Airplane Directorate, 2300
East Devon Avenue, Des Plaines, IL 60018-4696; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>,

for more information about this AD.

Material Incorporated by Reference

    (r) You must use the service information specified in Table 1 of
this AD to perform the actions required by this AD. The Director of
the Federal Register previously approved the incorporation by
reference of the documents listed in Table 1 of this AD in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on June 13, 2002.
Contact Hartzell Propeller Inc. Technical Publications Department,
One Propeller Place, Piqua, OH 45356; telephone<PHONE_NUMBER>; fax
(937) 778-4391, for a copy of this service information. You may
review service information copies at the FAA, New England Region, 12
New England Executive Park, Burlington, MA; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

                  Table 1.--Incorporation by Reference
------------------------------------------------------------------------
 Hartzell service information      Page       Revision         Date
------------------------------------------------------------------------
SB No. 101D..................          All            D  December 19,
                                                          1974.
SB No. 118A..................          All            A  February 15,
                                                          1977.
SL No. 69....................          All            1  November 30,
                                                          1971.
------------------------------------------------------------------------

    Issued in Burlington, Massachusetts, on December 17, 2007.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E7-24855 Filed 12-21-07; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19899-19900]
[FR Doc No: 2014-07964]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-2531-004.
    Applicants: Cedar Creek Wind Energy, LLC.
    Description: Amendment to December 17, 2013 Updated Market Power
Analysis in the Northwest region of Cedar Creek Wind Energy, LLC.
    Filed Date: 4/2/14.
    Accession Number: 20140402-5091.
    Comments Due: 5 p.m. ET 4/23/14.

    Docket Numbers: ER14-591-003.
    Applicants: Southwest Power Pool, Inc.
    Description: 2635 LES GIA--Second Amended Compliance Filing to be
effective 11/26/2013.
    Filed Date: 4/2/14.
    Accession Number: 20140402-5067.

    Comments Due: 5 p.m. ET 4/23/14.

    Docket Numbers: ER14-1639-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: Demand Curve Changes to be effective 6/1/2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5290.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1640-000.
    Applicants: Entergy Gulf States Louisiana, L.L.C.
    Description: EGSL MSS-3 Amendment 4-1-2014 to be effective 5/31/
2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5293.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1641-000.
    Applicants: Entergy Louisiana, LLC.
    Description: ELL MSS-3 Amendment 4-1-2014 to be effective 5/31/
2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5294.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1642-000.
    Applicants: Entergy Mississippi, Inc.
    Description: EMI MSS-3 Amendment 4-1-2014 to be effective 5/31/
2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5295.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1643-000.
    Applicants: Entergy New Orleans, Inc.
    Description: ENOI MSS-3 Amendment 4-1-2014 to be effective 5/31/
2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5297.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1644-000.
    Applicants: Entergy Texas, Inc.
    Description: ETI MSS-3 Amendment 4-1-2014 to be effective 5/31/
2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5298.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1645-000.
    Applicants: Midcontinent Independent System Operator, Inc. Entergy
Services, Inc.
    Description: 2014-04-01--Schedule 47--Entergy Transition Cost
Recovery Filing to be effective 6/1/2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5317.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1646-000.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Notice of Termination to be effective 5/31/2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5381.
    Comments Due: 5 p.m. ET 4/22/14.

    Docket Numbers: ER14-1647-000.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-04-01 NSPGA with Elk Hills to be effective 6/1/
2014.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5390.
    Comments Due: 5 p.m. ET 4/22/14.

    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: RR14-2-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Updating revised definition of Bulk Electric System
Definition Phase 2 in the NERC Rules of Procedure of North American
Electric Reliability Corporation.
    Filed Date: 4/1/14.
    Accession Number: 20140401-5353.
    Comments Due: 5 p.m. ET 5/1/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 2, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-07964 Filed 4-9-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Page 7958]
[FR Doc No: 2019-03974]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, March 7, 2019.

PLACE: The meeting will be held at the Commission's headquarters, 100 F
Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    Commissioner Roisman, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Brent J. Fields from the Office of the Secretary at
(202) 551-5400.

    Dated: February 28, 2019.
Brent J. Fields,
Secretary.
[FR Doc. 2019-03974 Filed 3-1-19; 11:15 am]
BILLING CODE 8011-01-P