[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Pages 72350-72351]
[FR Doc No: 2019-28254]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Docket Numbers: ER10-1936-008; ER14-2499-004.
    Applicants: Carville Energy LLC, Oneta Power, LLC.
    Description: Notice of Change in Status of Carville Energy LLC, et
al.
    Filed Date: 12/20/19.
    Accession Number: 20191220-5414.
    Comments Due: 5 p.m. ET 1/10/20.

    Docket Numbers: ER10-2727-005; ER10-1469-006; ER13-785-005; ER10-
1453-006; ER13-713-005; ER10-1459-010; ER10-2728-007; ER10-1451-005;
ER10-1474-005; ER10-2687-005; ER10-1467-006; ER10-1478-007; ER10-1473-
005; ER10-2688-008; ER10-1468-006; ER10-2689-008.
    Applicants: Allegheny Energy Supply Company, LLC, The Cleveland
Electric Illuminating Company, Green Valley Hydro, LLC, Jersey Central
Power & Light Company, Metropolitan Edison Company, Monongahela Power
Company, Ohio Edison Company, Pennsylvania Electric Company,
Pennsylvania Power Company, Potomac Edison Company, The Toledo Edison
Company, West Penn Power Company, FirstEnergy Generation, LLC,
FirstEnergy Generation Mansfield Unit 1, Corp., FirstEnergy Nuclear
Generation, LLC, FirstEnergy Solutions Corp.
    Description: Triennial Market Power Update Analysis of the
FirstEnergy Companies, et al.
    Filed Date: 12/20/19.
    Accession Number: 20191220-5405.
    Comments Due: 5 p.m. ET 2/18/20.

    Docket Numbers: ER11-47-011; ER12-1540-009; ER12-1541-009; ER12-
1542-009; ER12-1544-009; ER17-1930-003; ER17-1931-003; ER17-1932-003;
ER14-594-013; ER11-46-014; ER11-41-011; ER12-2343-009; ER13-1896-015;
ER16-323-007.
    Applicants: Appalachian Power Company, Indiana Michigan Power
Company, Kentucky Power Company, Kingsport Power Company, Wheeling
Power Company, Public Service Company of Oklahoma, AEP Texas Inc.,
Southwestern Electric Power Company, Ohio Power Company, AEP Energy
Partners, Inc., AEP Retail Energy Partners LLC, AEP Energy, Inc., AEP
Generation Resources Inc., Ohio Valley Electric Corporation.
    Description: Updated Market Power Analysis in the Northeast Region
of the AEP MBR Affiliates, et al.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5171.
    Comments Due: 5 p.m. ET 2/21/20.

    Docket Numbers: ER18-1122-001.
    Applicants: Ameren Illinois Company.
    Description: Compliance filing of Ameren Illinois Company.
    Filed Date: 12/20/19.
    Accession Number: 20191220-5407.
    Comments Due: 5 p.m. ET 1/10/20.

    Docket Numbers: ER19-2529-002.
    Applicants: Black Hills Wyoming, LLC.
    Description: Tariff Amendment: Response to November 25, 2019 Staff
Letter to be effective 10/2/2019.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5166.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER19-2708-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance filing per the
Commission's 11/25/2019 order in Docket No. ER19-2708 to be effective
11/27/2019.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5094.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-335-000.
    Applicants: McKenzie Electric Cooperative, Inc.
    Description: Supplement to November 7, 2019 McKenzie Electric
Cooperative, Inc. tariff filing.
    Filed Date: 12/20/19.
    Accession Number: 20191220-5349.
    Comments Due: 5 p.m. ET 1/10/20.

    Docket Numbers: ER20-673-000.
    Applicants: BP Energy Company.
    Description: Sec.  205(d) Rate Filing: Category 1 Filing for the
Northwest Region to be effective 12/31/2019.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5011.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-674-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Allocation of Penalty Costs
Assoc. with NERC Penalty Assessments re OA, Sch. 11 to be effective 3/
29/2019.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5051.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-675-000.
    Applicants: Buckeye Power, Inc., PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revised SA No. 4753--NITSA
among PJM and Buckeye Power, Inc. to be effective 12/1/2019.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5076.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-676-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Resubmittal of Stated Rate
Tariff to be effective 3/23/2020.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5082.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-677-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ATSI submits one ECSA,
Service Agreement No. 5443 with Toledo Edison to be effective 2/21/
2020.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5101.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-678-000.
    Applicants: Trans Bay Cable LLC.
    Description: Sec.  205(d) Rate Filing: Annual TRBAA Filing to be
effective 1/1/2020.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5129.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-679-000.
    Applicants: Equilon Enterprises LLC.
    Description: Sec.  205(d) Rate Filing: Request for Cat. 1 Seller
Status in the NW Region & Revised MBR Tariff to be effective. 12/24/
2019.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5183.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-680-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Taylor EC-Golden
Spread EC Interconnection Agreement 4th A&R to be effective 3/13/2019.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5185.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-681-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Resubmittal of Tri-State's
Market-Based Rate Tariff to be effective 3/23/2020.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5192.
    Comments Due: 5 p.m. ET 1/13/20.

    Docket Numbers: ER20-682-000.
    Applicants: Thermo Cogeneration Partnership, L.P.
    Description: Sec.  205(d) Rate Filing: Resubmittal of Thermo
Cogeneration Market-Based Rate to be effective 3/23/2020.
    Filed Date: 12/23/19.
    Accession Number: 20191223-5196.
    Comments Due: 5 p.m. ET 1/13/20.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF20-424-000.
    Applicants: Regents of the University of Minnesota.
    Description: Form 556 of Regents of the University of Minnesota
[South East Plant].
    Filed Date: 12/20/19.
    Accession Number: 20191220-5409.
    Comments Due: Non-Applicable.

    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: December 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-28254 Filed 12-30-19; 8:45 am]
 BILLING CODE 6717-01-P


locomotive left unattended outside of a yard shall be equipped with an
operative exterior locking mechanism. AAR standard S-5520 requires that
each locomotive left unattended outside of a yard shall be equipped
with an operative exterior locking mechanism, and requires that
locomotives be equipped in order to be used in interchange service.
These mechanisms will meet the requirements of proposed Sec.
232.105(h). FRA believes that for Class I and Class II railroads, all
costs and benefits of proposed Sec.  232.105(h) will be a result of
business practices because their locomotives operate in interchange
service. These railroads are already in the process of installing
exterior locking mechanisms on all of their locomotives that do not
operate exclusively in yard service. FRA further believes that small
railroads have already equipped virtually all of their locomotives with
exterior locking mechanisms. This was discussed at RSAC meetings.
    FRA believes that the reason Class I and Class II railroads have
just recently started installing locking mechanisms on their
locomotives is that until recently there was no standard for keying the
locking mechanisms. Locomotives of these railroads operate in
interchange service and can move from railroad to railroad. If each
railroad had to maintain a set of keys for all other railroads'
locomotives, that would have been cumbersome. The recent, common keyed,
industry standard provides a solution, and allows the business practice
of installing locking mechanisms to proceed.
    FRA believes that, for smaller railroads, locking locomotive cabs
is a good business practice that already takes place because it avoids
vandalism and locomotive cab intruders. Several reports indicate that a
locomotive belonging to the Adirondack Scenic Railroad was vandalized
on or around

October 15, 2013.\27\ Damage to the locomotive was approximately
$50,000, and does not include lost revenue. Anecdotal reports are that
the vandals removed the copper wiring, which has value as scrap. This
event was not reported to FRA. This is an example of unreported
vandalism, and FRA staff believes that a great deal of vandalism is
unreported, largely because the events do not meet all the requirements
that would result in filing an accident/incident report with FRA. Over
the years, FRA staff has received several first-hand accounts of
vandalism or cabs occupied by intruders. FRA believes that the
likelihood of vandalism or cabs being occupied by trespassers increases
as the likelihood of railroad observation of the train decreases. Most
small railroads operate in environments with a lower than average
likelihood of observation. FRA believes that vandalism is also more
likely to have a severe impact on a small railroad's operations since
these railroads do not have many spare locomotives or personnel. If a
railroad has ten locomotives and five get vandalized, its operations
will be severely impacted. Likewise if a small railroad's operating
crew is injured by an intruder in a cab, the operations for that day
will likely be halted. As indicated by small railroad representatives
at RSAC, small railroads do generally equip their locomotives with
exterior cab locks. FRA believes that if all small railroads considered
the impacts of vandalism and intruders, the small railroads would and
have installed exterior cab locks.
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    \27\ Adirondack Scenic Railroad Locomotive Vandalized, North
County Public Radio Web site, October 15, 2013.
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    The unit cost for a locking mechanism meeting AAR standard S-5520
is $215. FRA believes that smaller railroads could comply with proposed
Sec.  232.105(h) with a simpler lock and hasp system, for a unit cost
of $100. FRA requests comment regarding this estimate. Given the
smaller number of locomotives, personnel, territory, and facilities,
use of this type of system would not be problematic.
    FRA believes that no more than 500 locomotives belonging to Class
III railroads lack locking mechanisms that comply with proposed Sec.
232.105(h). Thus, the cost to install the locking mechanisms would be
no more than 500 times $100, or $50,000.
    Based on anecdotal information from FRA staff, between 1 percent
and 3 percent of locomotives are vandalized each year. Some vandalism
is relatively minor, such as graffiti sprayed on the walls of the cab,
but some is much more serious, for example damage or removal of
electrical equipment, or of instruments. More modern cabs have very
expensive control systems, with one or more monitor screens. It would
not be difficult for vandals to cause more than $50,000 in damage to a
modern cab. The repairs not only would involve removal and replacement
of damaged components, but would also involve calibration. For purposes
of this analysis, FRA is assuming 1 percent of locomotives would be
vandalized each year if not equipped with locks, and the mean cost of a
vandalism incident is $3,000. The expected cost of vandalism is
therefore $30 per locomotive year for unequipped locomotives.
    Locomotive cabs are also occupied by unauthorized occupants,
usually homeless, from time to time. Based on staff anecdotal data, FRA
assumes that five percent of locomotive cabs are occupied at least once
per year. FRA believes that the cost per incident is $100, including
costs to clean debris and inspect to determine that nothing in the cab
has been damaged. This cost represents 20 minutes delay with a train
delay cost. The economic impact of slowing trains depends upon multiple
factors including other types of trains, other train speeds,
dispatching requirements, work zones, and topography. Looking at
numerous variables, for purposes of another analysis, DOT estimated the
average cost of a train delay to be $500 per hour.\28\ This cost
estimate was determined by reviewing costs associated with crew
members, supply chain logistic time delays based on various freight
commodities, and passenger operating costs for business and other
travel. It is reasonable to assume that delays to smaller railroad
operations are lower in cost. Thus, for purposes of this analysis, for
the impacted railroads, FRA is using an hourly train delay cost of $300
per hour. FRA requests comment regarding this assumption. Thus the cost
per year for 500 locomotives would be 500 times 5 percent times $100,
or $2,500, or $5 per locomotive year. Added to the vandalism cost the
total cost of exposure would be $35 per locomotive year. If an
installation of a locking mechanism costs $100, it would take less than
3 years for the locks to pay for themselves (before applying discount
factors). FRA believes that in the absence of this rule most small
railroads would apply locking mechanisms to locomotives left unattended
outside of yards, especially in light of the vandalism incident on the
Adirondack Scenic Railroad. FRA believes the net cost of installing and
using the locks for small railroads is zero because the installation
cost is offset by the business benefits.
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    \28\ PHMSA's proposed rule ``Hazardous Materials: Enhanced Rail
Tank Car Standards and Operational Controls for High-Hazard
Flammable Trains'' applies a $500 per hour estimate of the cost of
delay for the rail network overall. 79 FR 45015 (Aug. 1, 2014).
---------------------------------------------------------------------------

    FRA assumes the locks will be purchased in the first year, because
the business benefit is apparent. Thus, the costs are $100 times 500
locomotives, or $50,000, the same at both discount rates because 2015
is not discounted.

----------------------------------------------------------------------------------------------------------------
                                                                                Discounted value
                                                                                -------------------------------
                              Year                                  Total costs           Discount factor
                                                                                -------------------------------
                                                                                7%              3%
----------------------------------------------------------------------------------------------------------------
2015............................................................      $50,000.00         $50,000         $50,000
                                                                 -----------------------------------------------
    Total.......................................................       50,000.00          50,000          50,000
                                                                 -----------------------------------------------
    Annualized..................................................  ..............           4,411           3,263
----------------------------------------------------------------------------------------------------------------

    A more serious crime with far more potential to cause harm off the
railroads' rights-of-way is theft and operation of a train. In 1975,
two teenagers stole a switching locomotive and operated it until it
crashed.\29\ FRA staff has received

anecdotal information regarding other locomotives being stolen and
operated, but permanent records of the incidents could not be found. If
a train described in proposed Sec.  232.103(n)(6) was stolen and
operated, it could easily cause the kinds of harm seen at in the
Graniteville, South Carolina accident and the Lac M[eacute]gantic
incident, with societal costs of $260 million to $1.2 billion. The Lac
M[eacute]gantic incident is illustrative of, but not necessarily the
outer limit of, a high-consequence event scenario for derailment of a
paragraph (n)(6) train. The derailment occurred in a small town with a
low population density by U.S. standards, but resulted in the deaths of
47 people and the destruction of much of the downtown area. A year
after the event, decontamination of the soil and water/sewer systems is
still ongoing. Cleanup of the lake and river that flows from it has not
been completed, and downstream communities are still using alternative
sources for drinking water. Initial estimates of the cost of this event
were roughly $1 billion, but the cleanup costs have doubled from
initial estimates of $200 million to at least $400 million, and the
total cost to clean up, remediate, and rebuild the town could rise as
high as $2.7 billion. The frequency and magnitude of these events is
highly uncertain. It is, therefore, difficult to predict with any
precision how many of these higher consequence events may occur over
the coming years, or how costly these events may be. In the worst case
scenario for a fatal event, the results could be several times the
damages seen at Lac M[eacute]gantic both in loss of life and other
associated costs.
---------------------------------------------------------------------------

    \29\ Pierce Haviland, The Putnam Division, last updated November
10, 2010, available at http://piercehaviland.com/rail/putnam.html
This incident was probably not reportable because it occurred on an
abandoned railroad, no longer part of the general system of rail
transportation.
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    In estimating the damages of a higher-consequence event, we begin
with the current estimated damages of Lac M[eacute]gantic. We used this
accident to illustrate the potential benefits of preventing or
mitigating events of this magnitude. It is challenging to use this one
data point to model potential damages of higher consequence events that
differ in nature from the Lac M[eacute]gantic accident. However, as the
volume of crude oil shipped by rail continues to grow, it is reasonable
to assume that events of this magnitude may occur.
    By installing locks to avoid such dangers, the benefits indicated
in the following table are $17,500 per year ($35 times 500
locomotives), starting in 2016, the year after the locks are installed.

----------------------------------------------------------------------------------------------------------------
                                                                                Discounted value
                                                                                -------------------------------
                              Year                                Total benefits          Discount factor
                                                                                -------------------------------
                                                                                7%              3%
----------------------------------------------------------------------------------------------------------------
2015............................................................           $0.00              $0              $0
2016............................................................       17,500.00          16,355          16,990
2017............................................................       17,500.00          15,285          16,495
2018............................................................       17,500.00          14,285          16,015
2019............................................................       17,500.00          13,351          15,549
2020............................................................       17,500.00          12,477          15,096
2021............................................................       17,500.00          11,661          14,656
2022............................................................       17,500.00          10,898          14,229
2023............................................................       17,500.00          10,185          13,815
2024............................................................       17,500.00           9,519          13,412
2025............................................................       17,500.00           8,896          13,022
2026............................................................       17,500.00           8,314          12,642
2027............................................................       17,500.00           7,770          12,274
2028............................................................       17,500.00           7,262          11,917
2029............................................................       17,500.00           6,787          11,570
2030............................................................       17,500.00           6,343          11,233
2031............................................................       17,500.00           5,928          10,905
2032............................................................       17,500.00           5,540          10,588
2033............................................................       17,500.00           5,178          10,279
2034............................................................       17,500.00           4,839           9,980
                                                                 -----------------------------------------------
    Total.......................................................  ..............         180,873         250,666
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          15,956          16,358
----------------------------------------------------------------------------------------------------------------

    In addition to the above noted benefits, the proposed rule itself
reduces costs--by removing the requirement to record securement
activities provided under Emergency Order 28--by $86,700 per year, with
no decrease in safety. In FRA's view, these savings more than offset
the minor costs associated with the proposed rule.

----------------------------------------------------------------------------------------------------------------
                                                                                Discounted value
                                                                                -------------------------------
                              Year                                Total benefits          Discount factor
                                                                                -------------------------------
                                                                                7%              3%
----------------------------------------------------------------------------------------------------------------
2015............................................................      $86,700.00         $86,700         $86,700
2016............................................................       86,700.00          81,028          84,175
2017............................................................       86,700.00          75,727          81,723
2018............................................................       86,700.00          70,773          79,343
2019............................................................       86,700.00          66,143          77,032
2020............................................................       86,700.00          61,816          74,788
2021............................................................       86,700.00          57,772          72,610
2022............................................................       86,700.00          53,992          70,495

2023............................................................       86,700.00          50,460          68,442
2024............................................................       86,700.00          47,159          66,448
2025............................................................       86,700.00          44,074          64,513
2026............................................................       86,700.00          41,191          62,634
2027............................................................       86,700.00          38,496          60,810
2028............................................................       86,700.00          35,977          59,038
2029............................................................       86,700.00          33,624          57,319
2030............................................................       86,700.00          31,424          55,649
2031............................................................       86,700.00          29,368          54,029
2032............................................................       86,700.00          27,447          52,455
2033............................................................       86,700.00          25,651          50,927
2034............................................................       86,700.00          23,973          49,444
                                                                 -----------------------------------------------
    Total.......................................................  ..............         982,796       1,328,573
                                                                 -----------------------------------------------
    Annualized..................................................  ..............          86,700          86,700
----------------------------------------------------------------------------------------------------------------

    FRA calculated the total monetized costs of the rule, with the
costs for locomotive lock installation accounted for only for the first
year:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Discounted value
                                                                                -------------------------------
                          Year                             Wage inflator    Direct wage      All other      Total costs           Discount factor
                                                             (percent)         cost            costs                     -------------------------------
                                                                                7%              3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015....................................................          101.18       $1,315.34         $51,800      $53,115.34         $53,115         $53,115
2016....................................................          102.37        1,330.86           1,800        3,130.86           2,926           3,040
2017....................................................          103.58        1,346.57           1,800        3,146.57           2,748           2,966
2018....................................................          104.80        1,362.45           1,800        3,162.45           2,582           2,894
2019....................................................          106.04        1,378.53           1,800        3,178.53           2,425           2,824
2020....................................................          107.29        1,394.80           1,800        3,194.80           2,278           2,756
2021....................................................          108.56        1,411.26           1,800        3,211.26           2,140           2,689
2022....................................................          109.84        1,427.91           1,800        3,227.91           2,010           2,625
2023....................................................          111.14        1,444.76           1,800        3,244.76           1,888           2,561
2024....................................................          112.45        1,461.81           1,800        3,261.81           1,774           2,500
2025....................................................          113.77        1,479.06           1,800        3,279.06           1,667           2,440
2026....................................................          115.12        1,496.51           1,800        3,296.51           1,566           2,381
2027....................................................          116.47        1,514.17           1,800        3,314.17           1,472           2,324
2028....................................................          117.85        1,532.04           1,800        3,332.04           1,383           2,269
2029....................................................          119.24        1,550.11           1,800        3,350.11           1,299           2,215
2030....................................................          120.65        1,568.40           1,800        3,368.40           1,221           2,162
2031....................................................          122.07        1,586.91           1,800        3,386.91           1,147           2,111
2032....................................................          123.51        1,605.64           1,800        3,405.64           1,078           2,060
2033....................................................          124.97        1,624.58           1,800        3,424.58           1,013           2,012
2034....................................................          126.44        1,643.75           1,800        3,443.75             952           1,964
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............          86,685          99,909
                                                         -----------------------------------------------------------------------------------------------
    Annualized..........................................  ..............  ..............  ..............  ..............           7,647           6,520
--------------------------------------------------------------------------------------------------------------------------------------------------------

    FRA calculated the total monetized benefits of the rule, which
includes savings from relief of Emergency Order 28's recordation
requirement for each year plus savings provided each year from the use
of locomotive locks after the first year of installation:

----------------------------------------------------------------------------------------------------------------
                                                                                Discounted value
                                                                                -------------------------------
                              Year                                Total benefits          Discount factor
                                                                                -------------------------------
                                                                                7%              3%
----------------------------------------------------------------------------------------------------------------
2015............................................................      $86,700.00         $86,700         $86,700
2016............................................................      104,200.00          97,383         101,165
2017............................................................      104,200.00          91,012          98,218
2018............................................................      104,200.00          85,058          95,358
2019............................................................      104,200.00          79,494          92,580
2020............................................................      104,200.00          74,293          89,884

2021............................................................      104,200.00          69,433          87,266
2022............................................................      104,200.00          64,891          84,724
2023............................................................      104,200.00          60,645          82,256
2024............................................................      104,200.00          56,678          79,861
2025............................................................      104,200.00          52,970          77,535
2026............................................................      104,200.00          49,505          75,276
2027............................................................      104,200.00          46,266          73,084
2028............................................................      104,200.00          43,239          70,955
2029............................................................      104,200.00          40,411          68,888
2030............................................................      104,200.00          37,767          66,882
2031............................................................      104,200.00          35,296          64,934
2032............................................................      104,200.00          32,987          63,043
2033............................................................      104,200.00          30,829          61,207
2034............................................................      104,200.00          28,812          59,424
                                                                 -----------------------------------------------
    Total.......................................................  ..............       1,163,669       1,579,240
                                                                 -----------------------------------------------
    Annualized..................................................  ..............         102,656         103,058
----------------------------------------------------------------------------------------------------------------

Summary of the Costs and Benefits

    To summarize the above identified costs and benefits, FRA tabulated
the contributions of each item to the total discounted costs and
benefits over 20 years.

------------------------------------------------------------------------
                                                 Discounted value
                                         -------------------------------
            Discounted values                     Discount factor
                                         -------------------------------
                                                7%              3%
------------------------------------------------------------------------
Costs:
    Attending Trains....................         $36,685         $49,909
    Installing Locks....................          50,000          50,000
    Total Costs.........................          86,685          99,909
Benefits:
    Reduced Vandalism...................         180,873         250,666
    Reduced Recordkeeping...............         982,786       1,328,573
                                         -------------------------------
        Total Benefits..................       1,163,669       1,579,240
------------------------------------------------------------------------

    For further distillation, FRA calculated the net benefits over 20
years:

------------------------------------------------------------------------
                                                 Discounted value
                                         -------------------------------
     Discounted values net benefits               Discount factor
                                         -------------------------------
                                                7%              3%
------------------------------------------------------------------------
Total...................................      $1,076,984      $1,479,331
Annualized..............................          95,009          96,538
------------------------------------------------------------------------

    FRA could eliminate Emergency Order 28, but most of the
requirements of Emergency Order 28 conform to business practices of the
railroads.
    The costs that are not directly offset by a monetized benefit are
the annual costs of either attending locomotives or expediting their
repair. Above, FRA estimates the annualized cost beyond current
business practices at $3,236-$3,257 per year.\30\ These costs are
balanced against an incident with costs of $260 million to $1.2
billion, but with extremely low probability. The incidents avoided by
attendance provisions would only occur where the train was not equipped
with functioning locking mechanisms under conditions where the railroad
would have sent a repair team out to the location of the train to
repair the locking mechanism or would have sent a qualified employee to
attend the train, roughly ten events per year. As discussed above,
these situations would involve a locomotive that is left running either
to avoid cold weather starting or to avoid a brake test when the next
crew takes charge of the train. The number of events estimated is based
on professional judgment. If the

event avoided is $330 million,\31\ and the annual cost is less than
$3,300 for ten events, then the rule costs about $330 per event and
would roughly break even if one in a million events of leaving a
locomotive consist for one of the regulated trains unattended with an
unlocked cab and a reverser unsecured in the cab were to result in a
higher-consequence incident. FRA believes the small but relatively
predictable annual cost is justified by the hard to measure very small
probability, very high consequence incident risk avoided. The portion
of the rule requiring attendance of a train with inoperative locking
mechanisms will not affect the likelihood of such an incident where the
locking mechanism is functioning or where railroad does not comply with
the proposed rule.
---------------------------------------------------------------------------

    \30\ This cost is slightly increased by the increase in value of
real wages over time.
    \31\ This estimate falls between the damages of Graniteville and
Lac-Megantic. It is selected only for illustrative purposes.
---------------------------------------------------------------------------

    The remainder of Emergency Order 28 and the proposed rule do not
impose costs beyond expected business practices. FRA believes that the
business benefits of installing locking mechanisms and locking
locomotive cabs return net benefits to the railroads. FRA believes that
locking the locomotive cab or removing the reverser will reduce the
likelihood of a higher-consequence event. FRA believes the continuing
requirements from Emergency Order 28 or the requirements of the
proposed rule will sever the potential causal chain of a low-
probability high-consequence event. Thus, FRA rejects the alternative
of simply removing Emergency Order 28.
Alternatives Considered
    FRA considered as an alternative requiring all trains subject to
proposed Sec.  232.103(n)(6) to be attended if left stopped outside
yards, without regard to the presence of a locking mechanism or
reverser. FRA believes that railroads would work to enhance routing and
crew scheduling so that of the 1,000 affected trains per day, only 50
would require unattended stops outside of yards. The cost per event to
attend a train would be $470 per incident. The daily cost would be 50
times $470, or $23,500. The annual cost would be $8,577,500.
    FRA believes the proposed rule is as effective as the alternative
considered, at much lower cost. Thus, FRA rejected the more restrictive
alternative. FRA further believes that given the tradeoff between the
certainty of relatively low costs and the benefit of very low-
probability yet very high-consequence incidents, the proposed rule is a
reasonable approach. FRA requests comments on all aspects of this
analysis.

B. Regulatory Flexibility Act and Executive Order 13272

    To ensure that the impact of this rulemaking on small entities is
properly considered, FRA developed this proposed rule in accordance
with Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') and DOT's policies and procedures to promote
compliance with the Regulatory Flexibility Act (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
conduct a regulatory flexibility analysis unless it determines and
certifies that a rule is not expected to have a significant economic
impact on a substantial number of small entities.
    As discussed in the preamble above, FRA is proposing to amend
regulations affecting securement of certain trains carrying particular
hazardous materials in particular quantities, and requiring that cabs
of all locomotives left unattended, except for those left unattended on
main tracks that are in or adjacent to yards, be equipped with locking
mechanisms. FRA is certifying that this proposed rule will result in
``no significant economic impact on a substantial number of small
entities.'' The following section explains the reasons for this
certification.
1. Description of Regulated Entities and Impacts
    The ``universe'' of the entities under consideration includes only
those small entities that can reasonably be expected to be directly
affected by the provisions of this rule. In this case, the ``universe''
will be Class III freight railroads that own locomotives or that have
traffic including trains that would be subject to proposed Sec.
232.103(n)(6).
    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.'' ``Small
entity'' is defined in the Act as a small business that is
independently owned and operated, and is not dominant in its field 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.
    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 which meet
the line haulage revenue requirements of a Class III railroad.\32\ 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) \33\ 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 this rule.
---------------------------------------------------------------------------

    \32\ See 68 FR 24891 (May 9, 2003); 49 CFR Part 209, app. C.
    \33\ For further information on the calculation of the specific
dollar limit, please see 49 CFR Part 1201.
---------------------------------------------------------------------------

    FRA believes that virtually all small railroads on the general
system of rail transportation will be affected by this rule, as there
are almost no railroads that do not own at least one locomotive. There
are 671 small railroads on the general system of rail transportation.
    As noted above, no small entities are expected to incur any costs
under proposed Sec.  232.103. Small entities owning locomotives may
incur a cost to install a locking mechanism under proposed Sec.
232.105, but as also noted above, the locking mechanisms will pay for
themselves in reduced vandalism costs in less than three years. FRA
believes that at least 90 percent of affected locomotives are already
equipped with locking mechanisms, and the cost to install a locking
mechanism is $100 for a mechanism that does not have to comply with AAR
standards for interchange. Any small railroad's locomotives operated in
interchange service would have to have AAR compliant locks to remain in
interchange service, but that is not a cost of the rule. Thus, the rule
will impose a cost of $100 on about ten percent of locomotives, but the
investment will pay for itself in less than three years. FRA believes
this is not a substantial impact on any small entity.
    Further, small railroads will benefit from a reduction in
recordkeeping requirements, as described above.
    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the
FRA Administrator certifies that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
FRA requests comment on both this

analysis and this certification, and its estimates of the impacts on
small railroads.

C. Paperwork Reduction Act

    The new information collection requirements in this proposed 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 new and current information collection
requirements and the estimated time to fulfill each requirement are as
follows:

----------------------------------------------------------------------------------------------------------------
                                      Respondent         Total annual      Average time per      Total annual
           CFR Section                 universe            responses           response          burden hours
----------------------------------------------------------------------------------------------------------------
229.27--Annual tests............  30,000 locomotives  120,000 tests.....  15 minutes........  30,000 hours.
232.3--Applicability--Export,     655 railroads.....  8 cards...........  10 minutes........  1 hour.
 industrial, & other cars not
 owned by railroads-
 identification.
232.7--Waivers..................  655 railroads.....  10 petitions......  160 hours.........  1,600 hours.
232.15--Movement of Defective     1,620,000 cars....  128,400 tags/       2.5 minutes.......  5,350 hours
 Equipment--Tags/Records.                              records.
    --Written Notification......  1,620,000 cars....  25,000 notices....  3 minutes.........  1,250 hours.
232.17--Special Approval
 Procedure.
    --Petitions for special       655 railroads.....  1 petition........  100 hours.........  100 hours.
     approval of safety-critical
     revision.
    --Petitions for special       655 railroads.....  1 petition........  100 hours.........  100 hours.
     approval of pre-revenue
     service acceptance plan.
    --Service of petitions......  655 railroads.....  1 petition........  20 hours..........  20 hours.
    --Statement of interest.....  Public/railroads..  4 statements......  8 hours...........  32 hours.
    --Comment...................  Public/railroads..  13 comments.......  4 hours...........  52 hours.
232.103--Gen'l requirements--all  114,000 cars......  70,000 sticker....  10 minutes........  11,667 hours.
 train brake systems--Stickers.

 Proposed Rule New Requirements
232.103(n)(3)(iv)--RR Procedure   Already Fulfilled   Fulfilled under     Fulfilled under     Fulfilled under
 for Securing Unattended           under OMB No. 210-  OMB No. 210-0601.   OMB No. 210-0601.   OMB No. 210-0601.
 Locomotive.                       0601.
232.103(n)(7)--RR Plan            655 railroads.....  10 revised plans..  10 hours..........  100 hours.
 Identifying Specific Locations
 or Circumstances where
 Equipment May Be Left
 Unattended.
    --Notification to FRA When    655 railroads.....  10 notices........  30 minutes........  5 hours.
     RR Develops and Hast Plan
     in Place or Modifies
     Existing Plan.
232.103(n)(8)--Employee           Included under      Included Under      Included under      Included under
 Verification with Another         Sec.                Sec.                Sec.                Sec.
 Qualified Employee of             232.103(n)(9).      232.103(n)(9).      232.103(n)(9).      232.103(n)(9).
 Securement of Freight Train or
 Freight Car Left Unattended.
232.103(n)(9)--RR Implementation  655 railroads.....  491 revised rules/  2 hours...........  982 hours.
 of Op. Rules/Practices                                practices.
 Requiring Job Briefing for
 Securement of Unattended
 Equipment.
    --Securement Job Briefings..  100,000 Employees.  23,400,000 job      30 seconds........  195,000 hours.
                                                       briefings.
232.103(n)(10)--RR Adoption of    655 railroads.....  100 inspections/    4 hours...........  400 hours.
 Procedure for Verification of                         records.
 Securement of Equipment by
 Qualified Employee--Inspection
 of Equipment by Qualified
 Employee after Responder Visit.
232.105--General requirements     30,000 Locomotives  30,000 forms......  5 minutes.........  2,500 hours.
 for locomotives--Inspection.

 Proposed Rule New Requirements

232.105(h)--RR Inspection of      30,000 Locomotives  30,000 insp.        30 seconds........  250 hours.
 Locomotive Exterior Locking                           records.
 Mechanism/Records.
    --RR Repair, where            30,000 Locomotives  73 repairs/records  60.25 minutes.....  73 hours.
     necessary, of Locomotive
     Exterior Locking Mechanism.
232.107--Air source requirements  10 new railroads..  1 plan............  40 hours..........  40 hours.
 and cold weather operations--
 Monitoring Plan (Subsequent
 Years).
    --Amendments/Revisions to     50 railroads/plans  10 revisions......  20 hours..........  200 hours.
     Plan.
    --Recordkeeping.............  50 railroads/plans  1,150 records.....  20 hours..........  23,000 hours.
232.109--Dynamic brake            655 railroads.....  1,656,000 rec.....  4 minutes.........  110,400 hours.
 requirements--status/record.
    --Inoperative dynamic         30,000 locomotives  6,358 records.....  4 minutes.........  424 hours.
     brakes: Repair record.
    --Tag bearing words           30,000 locomotives  6,358 tags........  30 seconds........  53 hours.
     ``inoperative dynamic
     brakes''.
    --Deactivated dynamic brakes  8,000 locomotives.  10 markings.......  5 minutes.........  1 hour.
     (Sub. Yrs.).
    --Operating rules             5 new railroads...  5 .rules..........  4 hours...........  20 hours.
     (Subsequent Years).
    --Amendments/Revisions......  655 railroads.....  15 revisions......  1 hour............  15 hours.

    --Requests to increase 5 mph  655 railroads.....  5 requests........  30 min. + 20 hours  103 hours.
     Overspeed restriction.
    --Knowledge criteria--        5 new railroads...  5 amendments......  16 hours..........  80 hours.
     locomotive engineers--
     Subsequent Years.
232.111--Train information        5 new railroads...  5 procedures......  40 hours..........  200 hours.
 handling.
    --Sub. Yrs.--Amendments/      100 railroads.....  100 revisions.....  20 hours..........  2,000 hours.
     Revisions.
    --Report requirements to      655 railroads.....  2,112,000 reports.  10 minutes........  352,000 hours.
     train crew.
232.203--Training requirements--  15 railroads......  5 programs........  100 hours.........  500 hours.
 Tr. Prog.--Sub Yr.
    --Amendments to written       655 railroads.....  559 revisions.....  8 hours...........  4,472 hours.
     program.
    --Training records..........  655 railroads.....  67,000 record.....  8 minutes.........  8,933 hours.
    --Training notifications....  655 railroads.....  67,000 notices....  3 minutes.........  3,350 hours.
    --Audit program.............  655 railroads.....  1 plan + 559        40 hours/1 min....  49 hours.
                                                       copies.
    --Amendments to validation/   655 railroads.....  50 revisions......  20 hours..........  1,000 hours.
     assessment program.
232.205--Class 1 brake test--     655 railroads.....  1,646,000 notices/  45 seconds........  20,575 hours.
 Notifications/Records.                                record.
232.207--Class 1A brake tests--   655 railroads.....  5 lists...........  1 hour............  5 hours.
 Designation Lists Where
 Performed.
    Subsequent Years: Notice of   655 railroads.....  250 notices.......  10 minutes........  42 hours.
     Change to.
232.209--Class II brake tests--   655 railroads.....  1,597,400 comments  3 seconds.........  1,331 hours.
 intermediate ``Roll-by
 inspection--Results to train
 driver.
232.213--Written Designation to   83,000 long dist.   250 letters.......  15 minutes........  63 hours.
 FRA of Extended haul trains.      movements.
232.303--General requirements--   1,600,000 frgt.     5,600 tags........  5 minutes.........  467 hours.
 single car test: Tagging of       cars.
 Moved Equipment.
    --Last repair track brake     1,600,000 frgt.     320,000 markings..  5 minutes.........  26,667 hours.
     test/single car test--        cars.
     Stenciled on Side of
     Equipment.
232.305--Single Car Tests--       1,600,000 frgt.     320,000 tests/      60 minutes........  320,000 hours.
 Performance and Records.          cars.               records.
232.307--Modification of single   AAR...............  1 request + 3       100 hours + 5       100 hours.
 car air brake test procedures:                        copies.             minutes.
 Requests.
    --Affirmation Statement on    AAR...............  1 statement + 4     30 minutes + 5      1 hour.
     Mod. Req. To Employee                             copies.             minutes.
     Representatives.
    --Comments on Modification    Railroad/Public...  2 comments........  8 hours...........  16 hours.
     Request.
232.309--Repair track brake test  640 shops.........  5,000 tests.......  30 minutes........  2,500 hours.
232.403--Unique Code............  245 railroads.....  12 requests.......  5 minutes.........  1 hour.
232.407--EOT Operations           245 railroads.....  50,000 verbal       30 seconds........  417 hours.
 requiring 2-way Voice Radio                           comments.
 Communications.
232.409--Inspection/Tests/        245 railroads.....  447,500 tests/      30 seconds........  3,729 hours.
 Records EOTs.                                         notices/record.
    --Telemetry Equipment--       245 railroads.....  32,708 units        1 minute..........  545 hours.
     Testing and Calibration.                          marked.
232.503--Process to introduce     655 railroads.....  1 letter..........  1 hour............  1 hour.
 new brake technology.
    --Special approval..........  655 railroads.....  1 request.........  3 hours...........  3 hours.
232.505--Pre-revenue svc accept.
 test plan.
    --Submission of maintenance   655 railroads.....  1 procedure.......  160 hours.........  160 hours.
     procedure.
    --Amendments to maintenance   655 railroads.....  1 revision........  40 hours..........  40 hours.
     procedure.
    --Design description........  655 railroads.....  1 petition........  67 hours..........  67 hours.
    --Report to FRA Assoc.        655 railroads.....  1 report..........  13 hours..........  13 hours.
     Admin. for Railroad Safety.
    --Brake system technology     655 railroads.....  1 description.....  40 hours..........  40 hours.
     testing.
232.603--Configuration            4 railroads.......  1 plan............  160 hours.........  160 hours.
 Management--Configuration
 Management Plan (ECP).
    --Subsequent Years--          4 railroads.......  1 plan............  60 hours..........  60 hours.
     Configuration Management
     Plans.
    --Request for Modification    4 railroads.......  1 request + 2       8 hours + 5         8 hours.
     of Standards and Extra                            copies.             minutes.
     Copies to FRA.
    --Affirmative Statements      4 railroads.......  4 statements + 24   60 minutes + 5      6 hours.
     that RRs have served copies                       copies.             minutes.
     of Modification Request to
     Employee Representatives.
    --Comments on requested       Public/Industry...  4 comments........  2 hours...........  8 hours.
     modification.
232.605--ECP Brakes: Training--   1 railroad........  1 program.........  100 hours.........  100 hours.
 Adopt/Developing an ECP
 Training Program--First Year.
    --Subsequent Years--ECP       1 railroad........  1 program.........  100 hour..........  100 hours.
     Training Prog.
    --ECP Brakes Training of      1 railroad........  1,602 trained       8 hours/24 hrs....  26,480 hours.
     Employees--First Year.                            employees.
    --ECP Brakes Training of      2 railroads.......  1,602 trained       1 hour/8 hours....  7,580 hours.
     Employees--Subsequent Years.                      employees.

    --ECP Training Records--Yr.   2 railroads.......  1,602 records.....  8 minutes.........  214 hours.
     One.
    --ECP Training Records--      2 railroads.......  1,602 records.....  4 minutes.........  107 hours.
     Subsequent Yrs.
    --Assessment of ECP Training  2 railroads.......  1 ECP plan........  40 hours..........  40 hours.
     Plan.
    --Adopt Operating Rules for   2 railroads.......  1 Oper. Rule......  24 hours..........  24 hours.
     ECP Brakes.
    --Amended Locomotive          2 railroads.......  1 amended programs  40 hours..........  40 hours.
     Engineer Certification
     Program (ECP Brakes).
232.607--ECP Inspection and       1 railroad........  2,500 insp.+ 2,500  90 min. + 45        3,781 hours.
 Testing--Initial Terminal--                           notices.            seconds.
 Inspections and Notification/
 Record of Class I Brake Tests.
    --Cars added or removed en    1 railroad........  250 inspection +    60 minutes + 45     253 hours.
     route--Class I Brake Test                         125 notices.        seconds.
     and Notification.
    --Non-ECP cars added to ECP   200 Cars..........  50 insp.+ 100 tags/ 5 minutes + 2.5     8 hours.
     Trains--Inspections and                           records.            minutes.
     Tags for Defective Cars.
232.609--Handling of Defective    25 Cars...........  50 tags/records...  2.5 minutes.......  2 hours.
 Equipment with ECP Brake
 Systems--Freight Car w/
 defective conventional brakes
 moved in train operating in ECP
 brake mode.
    --Inspections/Tagging for     20 Cars...........  20 insp. + 40 tags/ 5 minutes + 2.5     3 hours.
     ECP Train moving w/less                           records.            minutes.
     than 85 percent operative/
     effective brakes.
    --Cars tagged in accordance   25 Cars...........  50 tags/records...  2.5 minutes.......  2 hours.
     with Section 232.15.
232.609--Conventional Train with  50 Cars...........  100 tags/records..  2.5 minutes.......  4 hours.
 stand-alone ECP brake equipped
 cars--Tagging.
    --Procedures for handling     2 railroads.......  2 procedures......  24 hours..........  48 hours.
     ECP brake system repairs
     and designation of repair
     locations.
    --List of repair locations..  2 railroads.......  2 lists...........  8 hours...........  16 hours.
    --Notification to FRA Safety  2 railroads.......  1 notification....  1 hour............  1 hour.
     Administrator regarding
     change to repair location
     list.
232.611--Periodic Maintenance--   500 Freight Cars..  500 insp./rcds....  10 minutes........  83 hours.
 Inspections before being
 released from repair Shop.
    --Procedures/Petition for     1 Railroad Rep....  1 petition + 2      24 hours + 5        24 hours.
     ECP Single Car Test.                              copies.             minutes.
    --Single Car Air Brake        50 Freight Cars...  50 tests/records..  45 minutes........  38 hours.
     Tests--Records.
    --Modification of Single Car  1 Railroad Rep....  1 mod. Proc.......  40 hours..........  40 hours.
     Test Standards.
----------------------------------------------------------------------------------------------------------------

    The new requirements of the proposed rule essentially duplicate
those already approved by OMB for Emergency Order No. 28 (under OMB No.
2130-0601). When this instant rule becomes final (assuming no changes
from proposed to final rule) and the information collection associated
with it is approved by OMB (under OMB No. 2130-0008), FRA will
discontinue OMB No. 2130-0601 and eliminate the 205,404 hour burden
associated with it from the OMB inventory. Thus, the FRA total burden
in OMB's inventory then will actually show a net reduction of 24,520
hours from the present inventory.
    As reflected in the below table, program changes will have
increased the number of burden hours by 196,810 hours, and increased
the number of responses by 23,430,684. The current inventory shows a
burden total of 991,451 hours, while the present submission exhibits a
burden total of 1,172,335 hours. Hence, there is a total burden
increase of 180,884 hours for this information collection request.
    Accordingly here is the table for program changes:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Responses & avg. time   Responses & avg. time       Burden hours         FRA burden hours      Difference  (plus/
            CFR Section               (previous submission)     (this submission)    (previous submission)    (this submission)            minus)
--------------------------------------------------------------------------------------------------------------------------------------------------------
232.103(n)(7)--RR Plan identifying   0 revised plans.......  10 revised plans......  0 hours..............  100 hours............  +100 hours
 specific locations where equipment  0 hours...............  10 hours..............                                                +10 responses.
 may be left unattended.
    --Notification to FRA when RR    0 notices.............  10 notices............  0 hours..............  5 hours..............  +5 hours
     develops & has plan in place    0 minutes.............  30 minutes............                                                +10 responses.
     or modifies existing plan.
    --(n)(9)--Railroad               0 revised rules/        491 revised rules/      0 hours..............  982 hours............  +982 hours
     Implementation of operating      practices.              practices.                                                           +491 resp.
     rules requiring job briefing    0 hours...............  2 hours...............
     for securing unattended trains.

232.103(n)(9)--Securement Job        0 job briefings.......  23,400,000 job          0 hours..............  195,000 hours........  +195,000 hrs.
 Briefings.                          0 seconds.............   briefings.                                                           +23,400,000
                                                             30 seconds............                                                 responses.
    --(n)(10)--Inspection of         0 inspections.........  100 inspections.......  0 hours..............  400 hours............  +400 hours
     equipment after emergency       0 hours...............  4 hours...............                                                +100 resp.
     responder visit.
232.105(h)--RR inspection of         0 inspections.........  30,000 inspections/     0 hours..............  250 hours............  +250 hours
 exterior locking mechanism on       0 seconds.............   records.                                                             +30,000 resp.
 locomotive left unattended outside                          30 seconds............
 a yard.
    --RR repair, where necessary,    0 repairs/record......  73 repairs/records....  0 hours..............  73 hours.............  +73 hours
     of locomotive exterior locking  0 minutes.............  60.25 minutes.........                                                +73 responses.
     mechanism.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. Pursuant to 44 U.S.C.
3506(c)(2)(B), FRA solicits comments concerning: Whether these
information collection requirements are necessary for the proper
performance of the functions of FRA, including whether the information
has practical utility; the accuracy of FRA's estimates of the burden of
the information collection requirements; the quality, utility, and
clarity of the information to be collected; and whether the burden of
collection of information on those who are to respond, including
through the use of automated collection techniques or other forms of
information technology, may be minimized. For information or a copy of
the paperwork package submitted to OMB, contact Mr. Robert Brogan,
Information Clearance Officer, at<PHONE_NUMBER>, or Ms. Kimberly Toone
at<PHONE_NUMBER>.
    Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to Mr. Robert
Brogan or Ms. Kimberly Toone, Federal Railroad Administration, 1200 New
Jersey Avenue SE., 3rd Floor, Washington, DC 20590. Comments may also
be submitted via email to Mr. Brogan or Ms. Toone at the following
address<EMAIL_ADDRESS><EMAIL_ADDRESS>    OMB is required to make a decision concerning the collection of
information requirements contained in this proposed 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. The final rule will
respond to any OMB or public comments on the information collection
requirements contained in this proposal.
    FRA is not authorized to impose a penalty on persons for violating
information collection requirements which 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 the final rule.
The OMB control number, when assigned, will be announced by separate
notice in the Federal Register.

D. Federalism

    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 proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132. FRA has
determined that the proposed rule does not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. In addition,
FRA has determined that this proposed rule does not impose substantial
direct compliance costs on State and local governments. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.
    This rule adds requirements to part 232. FRA is not aware of any
State having regulations similar to these proposals. However, FRA notes
that this part could have preemptive effect by the operation of law
under a provision of the former Federal Railroad Safety Act of 1970,
repealed, revised, reenacted, and codified at 49 U.S.C. 20106 (Sec.
20106). Sec. 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 Sec. 20106. In addition, section
20119(b) authorizes FRA to issue a rule governing the discovery and use
of risk analysis information in litigation.
    In sum, FRA has analyzed this proposed rule in accordance with the
principles and criteria contained in Executive Order 13132. As
explained above, FRA has determined that this proposed rule has no
federalism implications, other than the possible preemption of State
laws under 49 U.S.C. 20106 and 20119. Accordingly, FRA has determined
that preparation of

a federalism summary impact statement for this proposed rule is not
required.

E. International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards 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. This rulemaking is purely domestic in nature and is not
expected to affect trade opportunities for U.S. firms doing business
overseas or for foreign firms doing business in the United States.

F. Environmental Assessment

    FRA has evaluated this 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 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.
Section 4(c)(20) reads as follows: ``(c) Actions categorically
excluded. Certain classes of FRA actions have been determined to be
categorically excluded from the requirements of these Procedures as
they do not individually or cumulatively have a significant effect on
the human environment. * * * The following classes of FRA actions are
categorically excluded:

* * * (20) Promulgation of railroad safety rules and policy statements
that do not result in significantly increased emissions or air or water
pollutants or noise or increased traffic congestion in any mode of
transportation.''
    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 proposed regulation that might trigger the need
for a more detailed environmental review. As a result, FRA finds that
this rule is not a major Federal action significantly affecting the
quality of the human environment.

G. 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.
For the year 2013, this monetary amount of $100,000,000 has been
adjusted to $151,000,000 to account for inflation. This proposed rule
will not result in the expenditure of more than $151,000,000 by the
public sector in any one year, and thus preparation of such a statement
is not required.

H. 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 a
notice of inquiry, advance NPRM, and NPRM) that (1)(i) 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) is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. FRA has evaluated this proposed rule in
accordance with Executive Order 13211. FRA has determined that this
proposed rule will not have a significant adverse effect on the supply,
distribution, or use of energy. Consequently, FRA has determined that
this proposed regulatory action is not a ``significant energy action''
within the meaning of Executive Order 13211.

I. Privacy Act

    Interested parties should be aware that anyone is able to search
the electronic form of all comments received into any agency docket by
the name of the individual submitting the comment (or signing the
comment, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477-19478),
or you may visit http://www.dot.gov/privacy.html.

List of Subjects in 49 CFR Part 232

    Hazardous material, Power brakes, Railroad safety, Securement.

The Proposed Rule

    In consideration of the foregoing, FRA is proposing to amend part
232 of chapter II, subtitle B of title 49, Code of Federal Regulations
as follows:

PART 232--[AMENDED]

0
1. The authority citation for part 232 is revised to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-20302, 21304; 28 U.S.C. 2461, note; and 49 CFR
1.89.

0
2. Section 232.5 is amended by adding in alphabetical order the
definition of ``Unattended equipment'', by removing the word ``limits''
from the term ``Yard limits'', and by moving the newly designated
definition of ``Yard'' before the definition of ``Yard air'' to read as
follows:

Sec.  232.5  Definitions.

* * * * *
    Unattended equipment means equipment left standing and unmanned in
such a manner that the brake system of the equipment cannot be readily
controlled by a qualified person.
* * * * *
    Yard * * *
0
3. Amend Sec.  232.103 by:
0
a. Revising paragraphs (n) introductory text and (n)(1) through (3).
0
b. Adding paragraphs (n)(6) through (10).
    The revisions and additions read as follows:

Sec.  232.103  General requirements for all train brake systems.

* * * * *
    (n) Securement of unattended equipment. Unattended equipment shall
be secured in accordance with the following requirements:

    (1) A sufficient number of hand brakes, to be not fewer than one,
shall be applied to hold the equipment unless an acceptable alternative
method of securement is provided. Railroads shall develop and implement
a process or procedure to verify that the applied hand brakes will
sufficiently hold the equipment with the air brakes released.
    (2) Except for equipment connected to a source of compressed air
(e.g., locomotive or ground air source), prior to leaving equipment
unattended, the brake pipe shall be reduced to zero at a rate that is
no less than a service rate reduction, and the brake pipe vented to
atmosphere by leaving the angle cock in the open position on the first
unit of the equipment left unattended. A train's air brake shall not be
depended upon to hold equipment standing unattended (including a
locomotive, a car, or a train whether or not locomotive is attached).
    (3) Except for distributed power units, the following requirements
apply to unattended locomotives:
    (i) All hand brakes shall be fully applied on all locomotives in
the lead consist of an unattended train.
    (ii) All hand brakes shall be fully applied on all locomotives in
an unattended locomotive consist outside of a yard.
    (iii) At a minimum, the hand brake shall be fully applied on the
lead locomotive in an unattended locomotive consist within a yard.
    (iv) A railroad shall develop, adopt, and comply with procedures
for securing any unattended locomotive required to have a hand brake
applied pursuant to paragraph (n)(3)(i) through (n)(3)(iii) of this
section when the locomotive is not equipped with an operative hand
brake.
* * * * *
    (6)(i) The requirements in paragraph (n)(7) through (n)(8) of this
section apply to any freight train or standing freight car or cars that
contain:
    (A) Any loaded freight car containing a material poisonous by
inhalation as defined in Sec.  171.8 of this title, including anhydrous
ammonia (UN 1005) and ammonia solutions (UN 3318); or
    (B) Twenty (20) or more loaded cars or loaded intermodal portable
tanks of any one or any combination of a hazardous material listed in
paragraph (n)(6)(i)(A), or any Division 2.1 (flammable gas), Class 3
(flammable or combustible liquid), Class 1.1 or 1.2 (explosive), or a
hazardous substance listed at Sec.  173.31(f)(2) of this title.
    (ii) For the purposes of this paragraph, a tank car containing a
residue of a hazardous material as defined in Sec.  171.8 of this title
is not considered a loaded car.
    (7)(i) No equipment described in paragraph (n)(6) of this section
shall be left unattended on a main track or siding (except when that
main track or siding runs through, or is directly adjacent to a yard)
until the railroad has adopted and is complying with a plan identifying
specific locations or circumstances when the equipment may be left
unattended. The plan shall contain sufficient safety justification for
determining when equipment may be left unattended. The railroad must
notify FRA when the railroad develops and has in place a plan, or
modifies an existing plan, under this provision prior to operating
pursuant to the plan. The plan shall be made available to FRA upon
request. FRA reserves the right to require modifications to any plan
should it determine the plan is not sufficient.
    (ii) Except as provided in paragraph (n)(8)(iii) of this section,
any freight train described in paragraph (n)(6) of this section that is
left unattended on a main track or siding that runs through, or is
directly adjacent to a yard shall comply with the requirements
contained in paragraphs (n)(8)(i) and (n)(8)(ii) of this section.
    (8)(i) Where a freight train or standing freight car or cars as
described in paragraph (n)(6) of this section is left unattended on a
main track or siding outside of a yard, and not directly adjacent to a
yard, an employee responsible for securing the equipment shall verify
with another person qualified to make the determination that the
equipment is secured in accordance with the railroad's processes and
procedures.
    (ii) The controlling locomotive cab of a freight train described in
paragraph (n)(6) of this section shall be locked on locomotives capable
of being locked. If the controlling cab is not capable of being locked,
the reverser on the controlling locomotive shall be removed from the
control stand and placed in a secured location.
    (iii) A locomotive that is left unattended on a main track or
siding that runs through, or is directly adjacent to, a yard is
excepted from the requirements in (n)(8)(ii) of this section where the
locomotive is not equipped with an operative lock and the locomotive
has a reverser that cannot be removed from its control stand or has a
reverser that is necessary for cold weather operations.
    (9) Each railroad shall implement operating rules and practices
requiring the job briefing of securement for any activity that will
impact or require the securement of any unattended equipment in the
course of the work being performed.
    (10) Each railroad shall adopt and comply with procedures to ensure
that, as soon as safely practicable, a qualified employee verifies the
proper securement of any unattended equipment when the railroad has
knowledge that a non-railroad emergency responder has been on, under,
or between the equipment.
* * * * *
0
4. Add paragraph (h) to Sec.  232.105 to read as follows:

Sec.  232.105  General requirements for locomotives.

* * * * *
    (h)(1) After March 1, 2017, each locomotive left unattended outside
of a yard or on a track directly adjacent to the yard shall be equipped
with an operative exterior locking mechanism.
    (2) The railroad shall inspect and, where necessary, repair the
locking mechanism during a locomotive's periodic inspection required in
Sec.  229.23 of this chapter.
    (3) In the event that a locking mechanism becomes inoperative
during the time interval between periodic inspections, the railroad
must repair the locking mechanism within 30 days of finding the
inoperative lock.
    (4) A railroad may continue the use of a locomotive without an
operative locking mechanism; however, if the controlling locomotive of
a train meeting the requirements of Sec.  232.103(n)(6)(i) does not
have an operative locking mechanism for the locomotive, the train must
not be left unattended on main track or a siding unless the reverser is
removed from the control stand as required in Sec.  232.103(n)(8)(ii)
or the locomotive otherwise meets one of the exceptions described in
Sec.  232.103(n)(8)(iii).
* * * * *

Joseph C. Szabo,
Administrator.
[FR Doc. 2014-21253 Filed 9-8-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Rules and Regulations]
[Page 33696-33698]
[DOCID:fr15jn10-12]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0476]
RIN 1625-AA00

Safety Zone: July Firework Display in Captain of the Port, Puget
Sound AOR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone
restricting vessel movement to protect the maritime public from dangers
associated with firework display. This action is necessary to restrict
vessels from congregating in close proximity to the fireworks discharge
site during this display. Entry into, transit through or mooring within
this safety zone is prohibited unless authorized by the Captain of the
Port or Designated Representative.

DATES: This rule is effective from 5 p.m. on July 4, 2010 until 1 a.m.
on July 5, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0476 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0476 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign Ashley M. Wanzer, Sector Seattle
Waterways Management, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary in
order to restrict vessel movement and ensure maritime public safety
during this firework display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Immediate action is necessary in
order to restrict vessel movement and ensure maritime public safety
during this firework display.

Basis and Purpose

    This rule establishes a temporary safety zone in order to restrict
vessel movement in and around the fireworks discharge site. The Coast
Guard intends to promote maritime safety through this action by
ensuring a safe distance is kept from the fireworks discharge site.

Discussion of Rule

    This rule will prevent vessels from entering and congregating near
the fireworks discharge site. Vessels will be directed to transit
around the zone if the on-scene patrol commander deems that it is safe
to do so.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This rule is not a significant regulatory
action because it is minimal in size and short in duration.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
through the affected waterways during times of enforcement. This rule
will not have a significant economic impact on a substantial number of
small entities for the following reasons. This safety zone is minimal
in size, short in duration and if practical then vessels will be able
to transit around the zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g.),
of the Instruction. This rule involves a firework display from a barge
in Port Gardner Bay, WA.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination will be made

available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1

0
2. Add temporary section 33 CFR 165.T13-147 to read as follows:

Sec.  165.T13-147:  Safety Zone: July Firework Display in Captain of
the Port, Puget Sound AOR.

    (a) Safety Zone. The following area is a designated safety zone:
all waters of Port Gardner Bay, WA extending out to a 300 yard radius
from the launch site at 47[deg]58'51'' N 122[deg]13'16'' W.
    (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no vessel operator may enter, transit, moor,
or anchor within this safety zone, except for vessels authorized by the
Captain of the Port or Designated Representative.
    (c) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Seattle Joint
Harbor Operations Center (JHOC) via telephone at<PHONE_NUMBER>.
    (d) Effective Period. This rule is effective from 5 p.m. on July 4,
2010 until 1 a.m. on July 5, 2010 unless canceled sooner by the Captain
of the Port.

    Dated: May 27, 2010.
S.W. Bornemann,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 2010-14294 Filed 6-14-10; 8:45 am]
BILLING CODE 9110-04-P