such. Thus, in estimating the costs of the Final Rule, FRA did not
consider the train cancellation issue. The train delay implications for
commuter operations that LIRR and APTA raise were also not fully
considered in the analysis. LIRR was the only entity to put forth an
actual cost figure with regard to the 25-mph speed restriction for
passenger operations, and FRA does not have information to verify or
refute LIRR's assertions.
    LIRR stated that the imposition of a 25-mph work zone speed limit
(versus a 40-mph work zone speed limit that would permit work on an
adjacent track to continue) would cost them $1.4 million dollars per
year. FRA cannot simply extrapolate the LIRR case to all other commuter
railroads. The LIRR runs a busy schedule, even on weekends, and unlike
many other railroads the LIRR has one main line carrying the bulk of
its traffic, which then branches out. Most other large commuter
operations branch out relatively close to their downtown terminals.
Further, most commuter operations have few, if any, trains operating
between rush hours. FRA believes that the only other commuter railroad
likely to have had impacts similar to those on the LIRR was Metro-
North. Extrapolated to the combination of Metro-North and LIRR based on
passenger miles, as reported by APTA in its 2013 yearbook (which
contains 2011 data) the total cost for the industry would have been
$3,152,297 per year.\25\ The total cost savings resulting from this
amendment to the Final Rule over 20 years is $63 million. The
discounted value of this cost is $33.4 million (PV, 7) and $46.9
million (PV, 3).
---------------------------------------------------------------------------

    \25\ According to APTA's 2013 fact book, in 2011 LIRR had
2,087,848,900 passenger miles, and Metro-North had 2,613,236,500
passenger miles, for a total of 4,701,085,400 passenger miles.
Dividing 4,701,085,400 by 2,087,848,900 yields 2.251640624.
Multiplying $1.4 million by 2.251640624 yields $3,152,297.
---------------------------------------------------------------------------

    There would be additional costs avoided by the displaced riders who
would have had to find alternate transportation or forego the benefits
of their intended trips. As mentioned above, alternate transportation
may expose passengers to additional safety costs, as well.
    FRA analyzed whether there might be foregone safety benefits as a
result of the amendment. There was one relevant fatality analyzed for
the Final Rule on a commuter railroad. The train in that case was
traveling at 45 mph, in excess of 40 mph, but FRA does not believe that
the reduction in speed to 25 mph by itself would have been sufficient
to prevent the fatality. Had the Final Rule or the Amended Final Rule
been in effect at the time of that accident, the roadway worker would
have benefited from, at a minimum, train approach warning being the
method of on-track safety on the adjacent controlled track. The speed
of the train was not what would have prevented the accident; rather it
would have been the combination of the Final Rule's job briefing
requirements and train approach warning. Thus, FRA believes that the
potential safety costs of this modification are negligible.

3. Deletion of Requirement That Non-Controlled Track Be Treated as an
Adjacent Controlled Track

    FRA's response deletes the requirement that a non-controlled track
whose track center is spaced 19 feet or less from the occupied track be
treated as an adjacent controlled track. This requirement in the Final
Rule was not an RSAC consensus agreement, but rather was added into the
Final Rule by FRA in response to a comment on the NPRM. The AAR/ASLRR
Petition noted that the Final Rule's provision requiring that roadway
work groups treat a non-controlled track as an adjacent-controlled
track could cause confusion. APTA's Petition expressed the separate
concern that the provision would disrupt scheduled passenger train
operations and, thus, also affect the cost of scheduled train
operations in a manner which was not contemplated by FRA in the Final
Rule. FRA believes that non-controlled tracks may have accounted for
equivalent to 1-2 percent of the total siding track mileage that would
have been affected by the Final Rule. Based on this small percentage of
total track mileage affected, FRA roughly estimates that removing non-
controlled track from the coverage of this rule would reduce the delay
costs of slowing trains by a minimum of roughly $750 per year. The
total discounted cost savings over a 20-year period is $8,000 (PV, 7)
and $11,200 (PV, 3).\26\ FRA has no record of injuries or fatalities
involving roadway workers on an occupied track that also involved train
operations on an adjacent non-controlled track. Given the limited
circumstances under which this requirement would have applied, there is
little risk to the roadway workers by excluding it. FRA no longer has
any reason, quantifiable or otherwise, to believe that the benefits of
this Final Rule provision exceed its costs.
---------------------------------------------------------------------------

    \26\ FRA estimated this cost savings based on the figure of 1-2
percent of all siding track mileage affected and applying 1 percent
of the total estimated on-track safety (Sec.  214.336) costs of this
rulemaking. The APTA Petition asserted this provision (if not
amended by FRA) would cause passenger train operation disruptions.
However, FRA does not have data to be able to quantify APTA's
assertion regarding resultant large cost savings as a result of this
amendment.
---------------------------------------------------------------------------

4. Exemption for Rail-Bound Vehicles Used for Conducting Inspections or
Performing Minor Correction Work

    The Final Rule Amendments provide an exemption for rail-bound
vehicles used for conducting inspections, performing minor correction
work or welding while applying the same limitations that apply to hi-
rail vehicles. The AAR/ASLRRA Joint Petition requested this exception
for rail-bound vehicles where manual inspections or minor correction
work are being conducted, because they involve the same activities as
those performed during an inspection conducted by a hi-rail vehicle
(which are excepted from the Final Rule's requirements). Neither the
RSAC consensus agreement nor the Final Rule addressed rail-bound
vehicles performing inspection or minor correction work. The BMWED/BRS
joint comment submitted in response to the Petitions stated that they
did not oppose expanding this exception to rail-bound equipment per the
AAR/ASLRRA Joint Petition's suggestion. FRA agrees, and does not
believe that excepting rail-bound vehicles from the final rule's
requirements will present any additional risk beyond those risks faced
by hi-rail vehicles and the roadway workers working near them. In the
process of reviewing the AAR/ASLRRA Joint Petition, FRA recognized that
there were a substantial number of other rail-bound vehicles used for
these functions. Rail bound vehicles often have the capability to
perform automated track inspections for geometry, gage restraint or
internal flaws. FRA believes that limiting the productivity of such
vehicles might reduce their ability to assist in identifying track
related hazards and therefore limit their ability to prevent track-
caused accidents. It is difficult to estimate the foregone benefit

of avoiding those track-caused accidents, but FRA believes the accident
costs avoided far exceed any risks induced by modifying the Final Rule.
    FRA does not have sufficient information available to reliably
estimate how frequently this exception would be applicable. Further,
FRA does not have any record of accidents having occurred that would be
prevented by subjecting the newly excluded work to the provisions of
the Final Rule. Nonetheless, because there is no reason to distinguish
minor corrective work being performed from rail bound vehicles from
identical work being performed from hi-rail vehicles, FRA is adopting
the exception, but does not analyze the exception further.

5. Expansion of the Exception Pertaining to Repairs Performed on
Roadway Maintenance Machines or Equipment

    The Final Rule Amendments expand the exception pertaining to
repairs performed alongside roadway maintenance machines or equipment
contained in the Final Rule to also include work performed within the
perimeter of the machine or equipment. The AAR/ASLRRA Joint Petition
noted that the exception as stated in the Final Rule was too narrow and
should also apply to a worker positioned within the perimeter of the
equipment, without regard to whether the maintenance or repairs are
performed while positioned on a side of the occupied track. They also
noted that that a repair person who is working beneath a machine should
not be forced to extract himself or herself each time a train passed on
an adjacent controlled track as this could increase the risk of injury
to the worker, and that a roadway worker working performing repairs
under the machine is not at risk of being struck by a train on the
adjacent track. FRA did not consider these potential risks in its
analysis of the Final Rule but agrees with AAR's assertions.
Consequently, FRA's response adds an alternate condition that would
expand the existing exception to include a roadway worker performing
maintenance while positioned within the perimeter of the machine or
equipment (either on or under it). This amendment to the Final Rule
will reduce the risk of injury to employees extracting themselves from
a machine or equipment in these circumstances, and, thus, will
eliminate any potential costs associated with those potential injuries.
This exception from the requirements of the Final Rule will also
alleviate virtually all of the estimated $14 million annual cost that
AAR's comment on the Petitions stated would result if the Final Rule
applied to repairs performed on roadway maintenance machines standing
on an adjacent controlled track.\27\ The total cost savings of this
amendment over 20 years is $280 million. The discounted value of this
cost is $149.2 million (PV, 7) and $208.3 million (PV, 3).
---------------------------------------------------------------------------

    \27\ The cost of repairing roadway maintenance machines was not
specifically figured in the Final Rule's RIA. Instead, the RIA
generally assessed the cost of complying, as such repair activity on
an occupied track is ``roadway work'' and, thus, it was not
contemplated by FRA that such work was not covered by the Final
Rule. However, because the Final Rule Amendments further expand the
exception that would accommodate such repair work, FRA believes that
AAR's estimated cost is overstated and such repair work will, in all
but rare circumstances, be able to be performed without these costs
being incurred because the Amended Final Rule's requirements will
not apply.
---------------------------------------------------------------------------

    The benefits of this change come both from reduced burden on
productivity and from enhanced safety of workers who will not have to
extricate themselves from under machinery, with a risk of injury each
time they extricate themselves. FRA has no data on which to base an
estimate of the reduced burden on productivity. Of course, since this
provision had not yet taken effect, FRA had not seen any injuries
caused by employees extricating themselves from under machinery in
order to comply with the provision. FRA has no data on which to base an
estimate of that risk. On the other hand, workers remaining under
machinery may face a very small risk from potential train accidents
that could injure the workers if the machines they are working on get
hit in a collision between the train and roadway maintenance machines.
The cost of this change, if any, would be a reduction in the safety
benefit of having workers extricate themselves from under the machinery
so as to be safe in the event of such a collision. FRA has no data on
which to base that estimate, either.

Special Sensitivity Analysis of the Amended 2011 Final Rule

    As discussed above, in response to the Petitions FRA has also
prepared a Special Sensitivity Analysis, which analyzes the Amended
Final Rule, comprising the requirements of the 2011 Final Rule as
revised by the Final Rule Amendments described above. The Special
Sensitivity Analysis addresses the concerns raised in the Petitions
regarding the cost-benefit analysis of the 2011 Final Rule. FRA notes
that that this Special Sensitivity Analysis is not an evaluation of the
2011 Final Rule, and that it uses updated VSL and wage rate estimates.

Requests Denied (Alternatives to the Final Rule)

    FRA is denying two of the requests made in joint AAR/ASLRRA Joint
Petition. Those requests were to: (1) Clarify that the Final Rule did
not address repair and maintenance of roadway maintenance machines, and
(2) amend the Final Rule to permit work to resume when the leading end,
rather than the trailing end, of a train traveling over 25 mph has
passed a roadway work group on an adjacent occupied track (trailing end
provision). Since FRA is not making any regulatory modifications based
on these requests, FRA is not accounting for any changes in costs or
benefits in analyzing the denied requests in this response to the
Petitions.

1. Application of the Final Rule to Roadway Maintenance Machine Repair

    FRA is denying the first request because most of the work performed
on roadway maintenance machines may be accomplished without the
requirements of the Amended Final Rule applying to such work,
particularly in light of FRA's decision to grant the request to expand
the exception mentioned above pertaining to work performed within the
perimeter of (to include on or under) roadway maintenance machines.
Further, FRA does not believe that AAR's assertion that the repair of
roadway maintenance machines on an adjacent track was not intended to
be covered by the final rule has merit. Since the 1996 promulgation of
the RWP regulations at 49 CFR part 214, such repair work to roadway
maintenance machines or equipment has always required that on-track
safety be established when roadway workers have the potential to foul
track.

2. Trailing End Provision

    FRA is denying the second request regarding the trailing end
provision. AAR's comment on the Petitions significantly overestimated
the costs of complying with this provision ($56 million annually).
Stopping work rather than slowing trains increases the time of track
occupancy required to perform the maintenance, and the track occupancy
itself by a roadway work group is the most costly factor involved in
the analysis. FRA staff conducted a modeling analysis to calculate the
delay associated with implementing this provision in the Amended Final
Rule, and the results showed that congestion-induced costs were limited
when freight train volumes were at or above a ten train per shift (7
hours per shift affected by the Amended Final Rule) threshold.

Moreover, once the leading end of a freight train is slowed to 25 mph
(a requirement agreed to by AAR) then the ability of a freight train to
increase speed while passing a work gang is extremely limited. Thus, in
FRA's view, the overall impact of this requirement is far less than the
impact claimed by AAR in its petition. Further, when trains pass a
roadway work group on an adjacent controlled track, injury risks are
present (risk of shifted loads/shifted ladings, loose banding, dragging
chains/binders, loose brake piping, loose/swinging boxcar doors, and
fragmented brake shoes).
    The 2011 Final Rule provided that roadway workers may resume work
only after the trailing end of a train or other on-track equipment
(authorized to travel past the roadway work gang at a speed greater
than 25 mph) has passed the roadway work group (``trailing end''
provision). The AAR/ASLRRA Joint Petition requested that the Final Rule
be modified to permit roadway workers to resume work after the leading
end of a train has passed. They cited the following points as support
for their request: (1) There are no fatalities from shifted loads and
no widespread problem of employees injured by shifted loads; (2) there
are many railroad employees working near passing trains, not just
roadway workers; (3) there is a heightened awareness of the roadway
workers after the leading end of a train passes; and (4) prohibiting
the resumption of work until the entire train or equipment has passed
would adversely affect productivity and require the hiring of
additional roadway workers, costing the railroads approximately $56
million annually (based on an estimate for four Class I railroads
alone). APTA's comment expressed support for the AAR/ASLRRA Joint
Petition's position with regard to the ``trailing end'' provision. The
BMWED/BRS joint comment stated that the AAR/ASLRRA Joint Petition
ignored the risks associated with shifted loads/shifted ladings and the
hazards associated with materials being kicked up by trains operating
at track speed.
    FRA's analysis has not found cases above a certain train traffic
volume (ten trains per shift) where stopping work while trains pass at
greater than 25 mph (or, as amended, greater than 40 mph for passenger
trains) would be less costly than slowing trains to 25 mph (or 40 mph
for passenger) for any likely roadway worker work groups on an adjacent
occupied track. Stopping work increases the time of track occupancy
required to perform the maintenance. The track occupancy itself by a
roadway work group is the most costly factor involved in the analysis.
    FRA performed modeling, described in more detail in the Special
Sensitivity Analysis, that analyzes the impacts of the Amended Final
Rule and which addresses petitioners' concerns with the previous
analysis. The 20-year discounted costs of the trailing end provision of
the 2011 Final Rule are estimated to total $841,300, discounted at 7
percent or $1,185,447, discounted at 3 percent. These costs are far
below AAR's estimates of $56 million per year. This point is discussed
in further detail in the Special Sensitivity Analysis.
    Also, in rejecting AAR's petition, FRA is retaining the existing
maximum speed of 25 mph for adjacent-controlled-track movements of
freight trains and other freight on-track equipment movements which
permits roadway work to continue on the occupied adjacent track. As
mentioned above, when freight trains pass works zones on an adjacent
track, the safety risk of shifted loads is present, as well as the
safety risk of swinging doors, loose banding, and dragging equipment,
and the hazards associated with debris, dust, stone, and construction/
maintenance materials being strewn by freight trains, which tend to be
longer and much heavier than passenger trains. FRA's revised analysis
of the impact of the combined final rules shows that congestion impacts
that slow traffic when a track is occupied also limit the costs of
slowing trains to 25 mph when they pass an adjacent occupied track. The
costs, while not negligible, are much lower than the safety benefits
provided. The 20-year discounted costs of slowing trains to 25 mph for
adjacent-controlled-track movements of freight trains and other freight
on-track equipment movements, exclusive of trailing end costs, will be
$7.3 million, discounted at 7 percent or $10.2 million, discounted at 3
percent.

Clarification

    In response to AAR's request in its Petition, FRA also clarified
how railroads may release working limits. A clarification neither
removes nor imposes a requirement and therefore creates neither
benefits nor costs.

Conclusion

    FRA believes the cost-saving benefits of the Final Rule Amendments
exceed their costs.

B. Regulatory Flexibility Act and Executive Order 13272; Final
Regulatory Flexibility Assessment

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Executive
Order 13272 require a review of proposed and final rules to assess
their impacts on small entities. FRA certifies that the Final Rule
Amendments will not have a significant economic impact on a substantial
number of small entities.
    ``Small entity'' is defined in 5 U.S.C. 601 (Section 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)
includes within the definition of small entities not-for-profit
enterprises that are independently owned and operated, and are not
dominant in their fields of operation. Additionally, Section 601(5)
defines small entities as governments of cities, counties, towns,
townships, villages, school districts, or special districts with
populations less than 50,000. 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.''
    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 policy
that formally establishes small entities as railroads that meet the
line haulage revenue requirements of a Class III railroad.\28\ The
revenue requirements are currently $20 million or less in annual
operating revenue. The $20 million limit (which is adjusted by applying
the railroad revenue deflator adjustment) \29\ is based on the Surface
Transportation Board's (STB) threshold for a Class III railroad
carrier. FRA is using the STB's threshold in its definition of small
entities for railroads affected by this rule. FRA has also adopted the
STB threshold for Class III railroad carriers as the size standard for
railroad contractors.\30\ FRA estimates that 703 railroads will be
affected by the Amendments. This number equals the number of railroads
that reported to FRA in 2011, minus those railroads that are tourist,
scenic, excursion, or historic railroads and are not part of the
general system (these railroads are exempt from the rule). Of those
railroads, 44 are Class

I, Class II, commuter, and intercity passenger railroads. By FRA's
definition of a small entity, two commuter railroads would be
considered to be small entities. The remaining 659 railroads are also
assumed to be small railroads for the purpose of this assessment, for a
total of 661 small entities subject to this rule. However, because of
certain characteristics that these railroads typically have (most small
railroads do not have territories with adjacent controlled tracks, but
rather only single-track operations), there should not be any impact on
the majority of them. Some small railroads, such as the tourist and
historic railroads, which operate across the lines of other railroads,
are not subject to the applicability of the final rule because they do
not own the track over which they operate. They might be affected by
the impact, although beneficial, of the requirements of the Amendments.
The impacts on entities not directly subject to the regulation are not
considered in this Regulatory Flexibility Analysis. Finally, other
small railroads, if they do have more than a single track, typically
have operations that are light enough such that the railroads have
generally always performed the pertinent trackside work with the track
and right-of-way taken out of service, or conducted the work during
hours that the track is not used. Thus, although 661 small railroads
will be subject to this rule, very few actually have operations that
will be affected by this rulemaking. FRA does not believe that a
substantial number of small entities will be affected.
---------------------------------------------------------------------------

    \28\ See 68 FR 24891 (May 9, 2003); 49 CFR part 209, Appendix C.
    \29\ For further information on the calculation of the specific
dollar limit, please see 49 CFR part 1201.
    \30\ See 68 FR 24891 (May 9, 2003).
---------------------------------------------------------------------------

    FRA is uncertain as to the number of contractors that will be
affected by the Amendments. FRA is aware that some railroads hire
contractors to conduct some of the functions of roadway workers on
their railroads. However, most of the cost savings associated with the
burdens from the Amendments will ultimately get passed on to the
pertinent railroad. In addition, at the proposed rule stage, FRA
requested information related to contractors and the burdens that might
impact them as a result of the proposed rule and received none. Hence,
FRA is confident that the Amended Final Rule's requirements, which have
not changed significantly from those proposed in the NPRM or the Final
Rule published in November 2011, other than to reduce burdens, will not
have an impact on any contractors that will perform track work on a
small railroad. To the extent that any provisions of this rule do
affect small entities, the effects are likely to be beneficial, as the
Amendments only provides regulatory relief from the requirements
originally imposed by the Final Rule. FRA does not believe the impact
on any small entity will be significant.
    No other small businesses (non-railroads) are expected to be
impacted by the Amendments.
    FRA certified that the Final Rule (76 FR 74586) was not expected to
have a significant economic impact on a substantial number of small
entities under 5 U.S.C. 605(b). Having made the determinations noted
above, FRA certifies that the Final Rule Amendments will not have a
significant economic impact on a substantial number of small entities
under 5 U.S.C. 605(b).

C. Paperwork Reduction Act

    The information collection requirements in this final rule
associated with FRA's response to petitions for reconsideration remain
unchanged from the previous publication of this final rule and are
being submitted upon publication in the Federal Register 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 information collection requirements and the estimated time
to fulfill each requirement are as follows, and also remain unchanged:

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR Section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.119--Part 214      350 Safety           150 forms..........  4 hours............             600
 Railroad Workplace Safety          Inspectors.
 Violation Report.
214.303--Railroad On-Track Safety
 Programs
    --Amendments to Programs.....  60 Railroads.......  20 amend. + 584      20 hours; 4 hrs....           2,736
                                                         amend.
    --Subsequent Years: New        5 New Railroads....  5 new prog.........  250 hours..........           1,250
     Programs.
214.313--Good Faith Challenges to  20 Railroads.......  80 challenges......  4 hours per                     320
 On-Track Safety Rules.                                                       challenge.
214.315/335--Supervision +
 communication
    --Regular Job Briefings......  50,000 Rdwy Workers  16,350,000 brf.....  2 minutes..........         545,000
    --Adjacent-Track Safety        24,500 Rdwy Workers  2,403,450 brf......  30 seconds.........          20,029
     Briefings (New).
214.321--Exclusive Track
 Occupancy: Working Limits
    --Written authority to         8,583 Roadway        700,739 authorities  1 minute...........          11,679
     roadway worker in charge.      Workers.
214.325--Train Coordination--      50,00 Roadway        36,500 comm........  15 seconds.........             152
 Establishing Working Limits        Workers.
 through Communication.
214.327--Inaccessible Track
    --Working Limits on Non-       718 Railroads......  50,000               10 minutes.........           8,333
     controlled Track:                                   notifications.
     Notifications.
214.336--Procedures for Adjacent-  100 Railroads......  10,000 notific.....  15 seconds.........              42
 Track Movements Over 25 mph--
 Notifications/Watchmen/Lookout
 Warnings.
    --Roadway Worker               100 Railroads......  3,000 comm.........  1 minute...........              50
     Communication with Train
     Engineers or Equipment
     Operators.
    --Procedures for Adjacent-     100 Railroads......  3,000 notific......  15 seconds.........              13
     Track Movements 25 mph or
     less--Notifications/Watchmen/
     Lookout Warnings.
    --Roadway Worker               100 Railroads......  1,500 comm.........  1 minute...........              25
     Communication with Train
     Engineers or Equipment
     Operators.

    --Exceptions to the            100 Railroads......  1,030,050 briefings  15 seconds.........           4,292
     requirements in paragraphs
     (a), (b), and (c) for
     adjacent-controlled-track on-
     track safety: Work
     activities involving certain
     equipment and purposes--On-
     Track Job Safety Briefings.
214.337--On-Track Safety           718 Railroads......  2,080,000            30 seconds.........          17,333
 Procedures for Lone Workers:                            statements.
 Statements by Lone Workers.
214.343/345/347/349/351/353/355--  50,000 Rdwy Workers  50,000 tr. RW......  4.5 hours..........         225,000
 training.
    --Additional on-track safety   35,000 Rdwy Workers  35,000 tr. RW......  5 min..............           2,917
     training (New).
    --Records of Training........  50,000 Roadway       50,000 records.....  2 min..............           1,667
                                    Workers.
214.503--Good Faith Challenges;
 Procedures for Notification and
 Resolution
    --Notifications for Non-       50,000 Rdwy Workers  125 notific........  10 minutes.........              21
     Compliant Roadway
     Maintenance Machines or
     Unsafe Condition.
    --Resolution Procedures......  644 Railroads......  10 procedures......  2 hours............              20
214.505--Required Environmental    644 Railroads/200    500 lists..........  1 hour.............             500
 Control and Protection Systems     contractors.
 For New On-Track Roadway
 Maintenance Machines with
 Enclosed Cabs.
    --Designations/Additions to    644 Railroads/200    150 additions/       5 minutes..........              13
     List.                          contractors.         designations.
214.507--A-Built Light Weight on   644 Railroads......  1,000 stickers.....  5 minutes..........              83
 New Roadway Maintenance Machines.
214.511--Required Audible Warning  644 Railroads......  3,700 identified     5 minutes..........             308
 Devices For New On-Track Roadway                        mechanisms.
 Maintenance Machines.
214.513--Retrofitting of Existing
 On-Track Roadway Maintenance
 Machines
    --Identification of            703 Railroads......  200 mechanisms.....  5 minutes..........              17
     Triggering Mechanism--Horns.
214.515--Overhead Covers For       644 Railroads......  500 requests + 500   10 minutes; 20                  250
 Existing On-Track Roadway                               responses.           minutes.
 Maintenance Machines.
214.517--Retrofitting of Existing  644 Railroads......  500 stencils.......  5 minutes..........              42
 On-Track Roadway Maintenance
 Machines Manufactured On or
 After Jan. 1, 1991.
214.518--Safe and Secure Position
 for riders
    --Positions identified by      644 Railroads......  1,000 stencils.....  5 minutes..........              83
     stencilings/markings/notices.
214.523--Hi-Rail Vehicles--        644 Railroads......  2,000 records......  60 minutes.........           2,000
 Inspections/Records.
    --Non-Complying Conditions...  644 Railroads......  500 tags + 500       10 min.; 15 min....             208
                                                         reports.
214.527--On-Track Roadway          644 Railroads......  550 tags + 550       5 min.; 15 min.....             184
 Maintenance Machine; Inspection                         reports.
 for Compliance and Repair
 Schedules.
214.533--Schedule of Repairs       644 Railroads......  250 records........  15 minutes.........              63
 Subject to Availability of
 Parts--Records of Compliance
 with this Section.
----------------------------------------------------------------------------------------------------------------

    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
unchanged paperwork package submitted to OMB, contact Mr. Robert Brogan
at<PHONE_NUMBER> or Ms. Kimberly Toone at<PHONE_NUMBER> or via email at
the following addresses<EMAIL_ADDRESS><EMAIL_ADDRESS>
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 which do not display a current OMB control
number, if required. The current OMB control number for this collection
of information is OMB No. 2130-0539.

D. 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.
    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132. This final rule would
not have a substantial effect on the States or their political
subdivisions; it would not impose any compliance costs; and it would
not affect the relationships between the Federal government and the
States or their political subdivisions, or the distribution of power
and responsibilities among the various levels of government. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
    However, this final rule could have preemptive effect by operation
of law under certain provisions of the Federal railroad safety
statutes, specifically the former Federal Railroad Safety Act of 1970,
repealed and recodified at 49 U.S.C. 20106 (Section 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 ``essentially 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 Federal railroad safety statutes, specifically Section
20106. Accordingly, FRA has determined that preparation of a federalism
summary impact statement for this final rule is not required.

E. 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 final rule 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.
See 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 regulation 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.

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 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.
The final rule will not result in the expenditure, in the aggregate, of
$140,800,000 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.'' 66
FR 28355 (May 22, 2001). Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) 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 Executive Order
13211.

H. Trade Impact

    The Trade Agreements Act of 1979 (Pub. L. 96-39, 19 U.S.C. 2501 et
seq.) prohibits Federal agencies from engaging in any standards setting
or related activities that create unnecessary obstacles to the foreign
commerce of the United States. Legitimate domestic objectives, such as
safety, are not considered unnecessary obstacles. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. FRA has
assessed the potential effect of this final rule on foreign commerce
and believes that its requirements are consistent with the Trade
Agreements Act of 1979. The requirements imposed are safety standards,
which, as noted, are not considered unnecessary obstacles to trade.

I. Privacy Act

    Interested parties should be aware that anyone is able to search
the electronic form of all written comments received into any agency
docket by the name of the individual submitting the document (or
signing the document, 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 in the Federal Register published on April 11,
2000 (65 FR 19477-78) or you may visit http://www.dot.gov/privacy.html.

List of Subjects in 49 CFR Part 214

    Occupational safety and health, Penalties, Railroad safety.

The Rule

    For the reasons discussed in the preamble, FRA amends part 214 of
title 49 of the Code of Federal Regulations as follows:

PART 214--[AMENDED]

0
1. The authority citation for part 214 is revised to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 21304; 28
U.S.C. 2461, note; and 49 CFR 1.89.

Subpart C--Roadway Worker Protection

0
2. Amend Sec.  214.336 by:
0
a. Revising paragraph (a)(2),
0
b. Revising paragraph (a)(3) definitions of ``Adjacent controlled
track'' and ``Minor correction,''
0
c. Revising the heading and introductory text of paragraph (b),
0
d. Revising paragraph (c),
0
e. Revising paragraph (e)(2),
0
f. Revising paragraph (e)(3)(i),
0
h. Revising Table 1, and
0
i. Revising Figure 1 to read as follows:

Sec.  214.336  On-track safety procedures for certain roadway work
groups and adjacent tracks.

    (a) * * *
    (2) Special circumstance arising in territories with at least three
tracks, if an occupied track is between two adjacent controlled tracks.
If an occupied track has two adjacent controlled tracks, and one of
these adjacent controlled tracks has one or more train or other on-
track equipment movements authorized or permitted at a speed of 25 mph
or less (or 40 mph or less for one or more passenger train or other
passenger on-track equipment movements), and the other adjacent
controlled track has one or more concurrent train or other on-track
equipment movements authorized or permitted at a speed over 25 mph (or
over 40 mph for one or more passenger train or other passenger on-track
equipment movements), the more restrictive procedures in paragraph (b)
of this section apply.
    (3) * * *
    Adjacent controlled track means a controlled track whose track
center is spaced 19 feet or less from the track center of the occupied
track.
* * * * *
    Minor correction means one or more repairs of a minor nature,
including, but not limited to, welding, spiking, anchoring, hand
tamping, and joint bolt replacement, that are accomplished with hand
tools or handheld, hand-supported, or hand-guided power tools. The term
does not include machine spiking, machine tamping, or any similarly
distracting repair.
* * * * *
    (b) Procedures for adjacent-controlled-track movements over 25 mph
(or over 40 mph if passenger movements). If a train or other on-track
equipment is authorized to move on an adjacent controlled track at a
speed greater than 25 mph, or at a speed greater than 40 mph for a
passenger train or other passenger on-track equipment movement, each
roadway worker in the roadway work group that is affected by such
movement must comply with the following procedures:
* * * * *
    (c) Procedures for adjacent-controlled-track movements 25 mph or
less (or 40 mph or less if passenger movements). If a train or other
on-track equipment is authorized or permitted to move on an adjacent
controlled track at a speed of 25 mph or less, or at a speed of 40 mph
or less for a passenger train or other passenger on-track equipment
movement, each roadway worker in the roadway work group that is
affected by such movement must comply with the procedures listed in
paragraph (b) of this section, except that equipment movement on the
rails of the occupied track and on-ground work performed exclusively
between the rails (i.e., not breaking the plane of the rails) of the
occupied track may continue, provided that no on-ground work is
performed within the areas 25 feet in front of and 25 feet behind any
on-track, self-propelled equipment or coupled equipment permitted to
move on the occupied track.
* * * * *
    (e) * * *
    (2) Maintenance or repairs performed either alongside, or within
the perimeter of, a roadway maintenance machine or coupled equipment on
the occupied track. (i) One or more roadway workers performing
maintenance or repairs alongside a roadway maintenance machine or
coupled equipment, provided that such machine or equipment would
effectively prevent the worker from fouling the adjacent controlled
track on the other side of such equipment, and that such maintenance or
repairs are performed while positioned on a side of the occupied track
as described in paragraph (e)(1)(i), (ii), or (iii) and Table 1 of this
section.
    (ii) One or more roadway workers on or under a roadway maintenance
machine or coupled equipment performing maintenance or repairs within
the perimeter of the machine or equipment, provided that no part of
their person breaks the plane of the rail of the occupied track except
when toward one of the sides of the occupied track as described in
paragraph (e)(1)(i), (ii), or (iii) and Table 1 of this section. A boom
or other equipment extending beyond the body of a roadway maintenance
machine or coupled equipment toward an adjacent controlled track is not
considered to be within the perimeter of the machine or coupled
equipment.
    (3) * * *
    (i) A hi-rail vehicle or other rail-bound vehicle (other than a
catenary maintenance tower vehicle) being used for inspection or minor
correction purposes, provided that such vehicle is not coupled to one
or more railroad cars. In accordance with Sec.  214.315(a), where
multiple hi-rail or rail-bound vehicles being used for inspection or
minor correction are engaged in a common task, the on-track safety job
briefing shall include discussion of the nature of the work to be
performed to determine if adjacent-controlled-track on-track safety is
necessary.
* * * * *

       Table 1--Summary of On-Track Safety Procedures for Certain Roadway Work Groups and Adjacent Tracks
----------------------------------------------------------------------------------------------------------------
                  ``Side A'' of the occupied track--the  On or between the   ``Side B'' of the occupied track--
                   side from the vertical plane of the      rails of the    either (1) the side with no adjacent
                    near running rail of the occupied      occupied track      track or (2) the side from the
                    track extending outward through to      (`` `No. 2'      vertical plane of the near running
                    the fouling space of the adjacent        track'' or     rail of the occupied track extending
 Example number/   controlled track (`` `No. 1' Track''    ``number 2''),   outward through to the fouling space
 diagram number               or ``No. 1'')                where on-track   of the adjacent controlled track (``
 (see figure 1)  ---------------------------------------     Safety Is       `number 3' track'' or ``number 3'')
                                                            Established
                                                          through Working  -------------------------------------
                  Method of On-Track     Requirement           Limits                            Method of on-
                   Safety on Side A                     -------------------    Requirements     track safety on
                                                            Requirements                             side B
----------------------------------------------------------------------------------------------------------------
1...............  Working limits or   Upon receiving a   Upon movement      Work \3\ is not    Not applicable (N/
                   train approach      notification or    notification or    required to        A), because
                   warning.            warning for        warning for No.    cease during       there is no
                                       movement(s)        1, cease work      movement(s) on     adjacent track.
                                       (``movement        and occupy a       No. 1.
                                       notification or    PPOS, except
                                       warning'') for     work may
                                       No. 1, cease       continue during
                                       work and occupy    movement(s) on
                                       a predetermined    No. 1 auth'd. at
                                       place of safety    25 mph or less
                                       (``PPOS'') \1\.    (or 40 mph or
                                                          less for
                                                          passenger train
                                                          movements) if
                                                          maintain
                                                          25[foot] spacing
                                                          \2\.
2...............  Working limits....  Upon movement      Upon movement      Upon movement      Working limits.
                                       notification for   notification for   notification for
                                       No. 1, cease       No. 1 or No. 3,    No. 3, cease
                                       work and occupy    cease work and     work and occupy
                                       a PPOS. Work \3\   occupy a PPOS,     a PPOS. Work \3\
                                       is not required    except work may    is not required
                                       to cease during    continue during    to cease during
                                       movement(s) on     movement(s) on     movement(s) on
                                       No. 3.             No. 1 or No. 3     No. 1.
                                                          auth'd. at 25
                                                          mph or less (or
                                                          at 40 mph or
                                                          less for
                                                          passenger train
                                                          movements) if
                                                          maintain
                                                          25[foot] spacing
                                                          \2\.
3...............  Working limits....  Upon movement      Upon movement      Upon movement      Train approach
                                       notification for   notification for   warning for No.    warning.
                                       No. 1, cease       No. 1 or warning   3 or
                                       work and occupy    for No. 3, cease   notification for
                                       a PPOS. Work \3\   work and occupy    No. 1, cease
                                       is not required    a PPOS, except     work and occupy
                                       to cease during    work may           a PPOS.
                                       movement(s) on     continue during
                                       No. 3.             movement(s) on
                                                          No. 1 or No. 3
                                                          auth'd. at 25
                                                          mph or less (or
                                                          at 40 mph or
                                                          less for
                                                          passenger train
                                                          movements) if
                                                          maintain
                                                          25[foot] spacing
                                                          \2\.
4...............  Train approach      Upon movement      Upon movement      Upon movement      Train approach
                   warning.            warning for No.    warning for No.    warning for No.    warning.
                                       1 or No. 3,        1 or No. 3,        3 or No. 1,
                                       cease work and     cease work and     cease work and
                                       occupy a PPOS.     occupy a PPOS,     occupy safety
                                                          except work may    PPOS.
                                                          continue during
                                                          movement(s) on
                                                          No. 1 or No. 3
                                                          auth'd. at 25
                                                          mph or less (or
                                                          at 40 mph or
                                                          less for
                                                          passenger train
                                                          movements) if
                                                          maintain
                                                          25[foot] spacing
                                                          \2\.
5...............  None, but with      Work is            Work is not        Work is not        N/A, because
                   inter-track         prohibited on      required to        required to        there is no
                   barrier.            No. 1 and up to    cease during       cease during       adjacent track.
                                       barrier (``Side    movement(s) on     movement(s) on
                                       A1''). Work is     No. 1.             No. 1.
                                       not required to
                                       cease btwn.
                                       barrier and near
                                       running rail of
                                       occupied track
                                       (``Side A2'')
                                       during
                                       movement(s) on
                                       No. 1.

6...............  None, but with      Work is            Work is not        Upon movement      Working limits or
                   inter-track         prohibited on      required to        notification or    train approach
                   barrier.            Side A1. Work      cease during       warning for No.    warning.
                                       \3\ is not         movement(s) on     3, cease work
                                       required to        No. 1. Upon        and occupy a
                                       cease on Side A2   movement           PPOS. Work \3\
                                       during             notification or    is not required
                                       movement(s) on     warning for No.    to cease during
                                       No. 1 or No. 3.    3, cease work      movement(s) on
                                                          and occupy a       No. 1.
                                                          PPOS, except
                                                          work may
                                                          continue during
                                                          movement(s) on
                                                          No. 3 auth'd. at
                                                          25 mph or less
                                                          (or at 40 mph or
                                                          less for
                                                          passenger
                                                          trains) if
                                                          maintain
                                                          25[foot] spacing
                                                          \2\.
----------------------------------------------------------------------------------------------------------------
\1\ As used in the above table, a ``predetermined place of safety'' (or ``PPOS'') means a specific location that
  an affected roadway worker must occupy upon receiving a watchman/lookout's warning of approaching movement(s)
  (``warning'') or a roadway worker in charge's (``RWIC's'') notification of pending movement(s) on an adjacent
  track (``notification''), as designated during the on-track safety job briefing required by Sec.   214.315.
  The PPOS may not be on a track, unless the track has working limits on it and no movements permitted within
  such working limits by the RWIC. Thus, under these circumstances, the space between the rails of the occupied
  track (No. 2 in this table) may be designated as a place to remain in position or to otherwise occupy upon
  receiving a warning or notification. The RWIC must determine any change to a PPOS, and communicate such change
  to all affected roadway workers through an updated on-track safety job briefing.
\2\ On-ground work is prohibited in the areas 25[foot] in front of and 25[foot] behind equipment on the occupied
  track (No. 2), and must not break the plane of a rail on No. 2 towards a side of No. 2 unless work is
  permitted on that side. Note, however, that per Sec.   214.336(a)(2), work would no longer be permitted to
  continue on or between the rails of the occupied track during movement(s) on an adjacent controlled track at
  25 mph or less (or at 40 mph or less for passenger trains or other passenger on-track equipment movements) if
  there is a simultaneous movement on the other adjacent controlled track at more than 25 mph (or at more than
  40 mph per hour for passenger train movements or other passenger on-track equipment movements).
\3\ Work that does not break the plane of the near running rail of the occupied track (No. 2) is not required to
  cease during such movements; work that breaks the plane of the near running rail of the occupied track may
  also continue: 1) during the times that work is permitted on or between the rails of the occupied track in
  accordance with Sec.   214.336(c) (Procedures for adjacent-controlled-track movements 25 mph or less, or 40
  mph or less for passenger train movements or other passenger on-track equipment movements); or 2) if such work
  is performed alongside or within the perimeter of a roadway maintenance machine or coupled equipment in
  accordance with Sec.   214.336(e)(2).

BILLING CODE 4910-06-P

[GRAPHIC] [TIFF OMITTED] TR10JA14.000

[GRAPHIC] [TIFF OMITTED] TR10JA14.001

0
3. Appendix A to part 214 is amended by removing the space before the
superscripts for footnotes 1 and 2, revising the entry under Subpart C
for Sec.  214.315, revising the entry under Subpart C for Sec.
214.336, and revising footnote 1 to read as follows:

         Appendix A to Part 214--Schedule of Civil Penalties \1\
------------------------------------------------------------------------
                                                              Willful
               Section \2\                   Violation       violation
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
                Subpart C--Roadway Worker Protection Rule
------------------------------------------------------------------------

                              * * * * * * *
214.315 Supervision and communication:
    (a) * * *
    (2)-(4) Partial failure of employer            2,000           4,000
     to provide on-track safety job
     briefing...........................
    (b) Incomplete job briefing.........           2,000           5,000
    (c)(i) Failure to designate roadway            2,000           5,000
     worker in charge of roadway work
     group..............................
    (ii) Designation of more than one              1,000           2,000
     roadway worker in charge of a
     roadway work group.................
    (iii) Designation of non-qualified             3,000           6,000
     roadway worker in charge of roadway
     work group.........................
    (d)(i) Failure to notify roadway               3,000           6,000
     workers of on-track safety
     procedures in effect...............
    (ii) Incorrect information provided            3,000           6,000
     to roadway workers regarding on-
     track safety procedures in effect..
    (iii) Failure to notify roadway                3,000           6,000
     workers of change in on-track
     safety procedures..................
    (e)(i) Failure of lone worker to                               1,500
     communicate with designated
     employee for daily job briefing....
    (ii) Failure of employer to provide            3,000           6,000
     means for lone worker to receive
     daily job briefing.................

                              * * * * * * *
214.336 On-track safety procedures for
 certain roadway work groups and
 adjacent tracks:
    (a) * * *
    (2) Failure to implement the more              1,500           3,000
     restrictive procedure required by
     paragraph (b) during special
     circumstance of concurrent
     movement(s) on two adjacent
     controlled tracks where one
     movement is authorized or permitted
     at a speed over 25 mph (or over 40
     mph for a passenger movement)......

                              * * * * * * *
    (c) Failure to maintain 25-foot                2,000           4,000
     spacing between on-track, self-
     propelled equipment or coupled
     equipment and roadway workers(s) on
     the occupied track during an
     adjacent-controlled track movement
     at 25 mph or less (or at 40 mph or
     less for a passenger movement).....

                              * * * * * * *
------------------------------------------------------------------------
\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. Failure to observe any condition(s) of an
  exception set forth in paragraph (e) of Sec.   214.336 deprives the
  railroad or contractor of the benefit of the exception and makes the
  railroad or contractor, and any responsible individuals, liable for
  penalty under the particular regulatory provision(s) from which the
  exception would otherwise have granted relief.
\2\ The penalty schedule uses section numbers from 49 CFR part 214. If
  more than one item is listed as a type of violation of a given
  section, each item is also designated by a ``penalty code,'' which is
  used to facilitate assessment of civil penalties, and which may or may
  not correspond to any subsection designation(s). For convenience,
  penalty citations will cite the CFR section and the penalty code, if
  any. FRA reserves the right, should litigation become necessary, to
  substitute in its complaint the CFR citation in place of the combined
  CFR and penalty code citation, should they differ.

    Issued in Washington, DC, on December 27, 2013.
Stacy Cummings,
Executive Director.
[FR Doc. 2013-31417 Filed 1-9-14; 8:45 am]
BILLING CODE 4910-06-C


[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Notices]
[Pages 62707-62708]
[FR Doc No: 2014-24743]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0126]

Pipeline Safety: Information Collection Activities--Renewal of
Expiring Information Collections

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on two information collections that will be expiring
in 2015. PHMSA will request an extension with no change for the
information collection identified by OMB control number 2137-0048. In
addition, PHMSA will request a revision to the information collection
identified under OMB control number 2137-0600. This revision updates
the number of respondents used in the burden calculation but does not
add to or change the type of information being collected.

DATES: Interested persons are invited to submit comments on or before
December 19, 2014.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Web site: http://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE., West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE., Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except Federal holidays.
    Instructions: Identify the docket number PHMSA-2014-0126 at the
beginning of your comments. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477) or visit http://www.regulations.gov
before submitting any such comments.
    Docket: For access to the docket or to read background documents or
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. If you wish to receive confirmation of
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on Docket No.
PHMSA-2014-0126.'' The Docket Clerk will date stamp the postcard prior
to returning it to you via the U.S. mail. Please note that due to
delays in the delivery of U.S. mail to Federal offices in Washington,
DC, we recommend that persons consider an alternative method (internet,
fax, or professional delivery service) of submitting comments to the
docket and ensuring their timely receipt at DOT.

FOR FURTHER INFORMATION CONTACT: Angela Dow by telephone at 202-366-
1246, by fax at<PHONE_NUMBER>, or by mail at DOT, PHMSA, 1200 New Jersey
Avenue SE., PHP-30, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide interested members of the public
and affected agencies an opportunity to comment on information
collection and recordkeeping requests. This notice identifies several
information collection requests that PHMSA will submit to OMB for
renewal. The following information is provided for each information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8) Frequency of collection. PHMSA will request a three-
year term of approval for each information collection activity. PHMSA
requests comments on the following information collections:
    1. Title: Recordkeeping Requirements for Liquefied Natural Gas
(LNG) Facilities.
    OMB Control Number: 2137-0048.
    Current Expiration Date: 02/28/2015.
    Type of Request: Renewal with no change of a currently approved
information collection.
    Abstract: LNG facility owners and operators are required to
maintain records, make reports, and provide information to the
Secretary of Transportation at the Secretary's request.
    Affected Public: Owners and operators of liquefied natural gas
facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 101.
    Estimated annual burden hours: 12,120.
    Frequency of Collection: On Occasion.
    2. Title: Qualification of Pipeline Safety Training.
    OMB Control Number: 2137-0600.
    Current Expiration Date: 4/30/2015.
    Type of Request: Revision of a currently approved information
collection.
    Abstract: All individuals responsible for the operation and
maintenance of pipeline facilities are required to be properly
qualified to safely perform their tasks. 49 CFR 192.807 requires each
operator to maintain records that demonstrate compliance with the
mandated qualification criteria. Records must be kept to be provided
upon request.
    Affected Public: Operators of pipeline facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 29,167.
    Estimated annual burden hours: 466,672.
    Frequency of collection: On occasion.
    Comments are invited on:
    (a) The need for the renewal and revision of these collections of
information for the proper performance of the functions of the agency,
including whether the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.48.

    Issued in Washington, DC on October 14, 2014, under authority
delegated in 49 CFR 1.97.

John A. Gale,
Director, Office of Standards and Rulemaking.
[FR Doc. 2014-24743 Filed 10-17-14; 8:45 am]
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[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1469-1470]
[FR Doc No: 2016-00411]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2015-76]

Petition for Exemption; Summary of Petition Received; Bombardier
Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before February 1, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-3836
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9

a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Deana Stedman, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on January 6, 2016.
Lirio Liu,
Director, Office of Rulemaking.

PETITION FOR EXEMPTION

    Docket No.: FAA-2015-3836.
    Petitioner: Bombardier Inc.
    Section(s) of 14 CFR Affected: Sec.  25.813(e)
    Description of Relief Sought:
    Title 14 of the Code of Federal Regulations (14 CFR) Section
25.813(e) prohibits the installation of a door that separates any
passenger seat that is occupiable during takeoff and landing from any
passenger emergency exit. Bombardier Inc., seeks relief from this
requirement for the BD-700-2B12 Global 7000 and BD-700-2B13 Global 8000
to allow installation of one or more doors between passenger seats and
passenger emergency exits.
    Furthermore, Bombardier Inc., requests that the exemption, if
granted, not include a condition (limitation) that would prohibit the
aircraft from being operated for hire pursuant to 14 CFR part 135.
    The petitioner asserts that the aircraft and door(s) will
incorporate design features that assure passengers' ability to
recognize the location of emergency exits and access those exits;
thereby providing for an overall level of safety that is consistent
with the intent of the regulations.

[FR Doc. 2016-00411 Filed 1-11-16; 8:45 am]
BILLING CODE 4910-13-P