[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Rules and Regulations]
[Pages 43988-43999]
[FR Doc No: 2018-18639]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 228

[Docket No. FRA-2012-0101]
RIN 2130-AC41

Hours of Service Recordkeeping; Automated Recordkeeping

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule is part of FRA's broader initiative to reduce the
paperwork burden of its regulations while still supporting compliance
with the Federal hours of service laws and regulations. Current
regulations require employees covered by those laws or regulations
(covered service employees) to create and retain hours of service
records by hand (a paper system) or ``certify'' the record using a
compliant computerized system (an electronic system) with program
logic. Cognizant of the burden placed on small operations, FRA provides
a simplified method of computerized recordkeeping (an automated
system)--in which employees apply their electronic signatures to
automated records stored in a railroad computer system without the
complexity and functionality of an electronic system--for eligible
smaller railroads (and contractors and subcontractors providing covered
service employees to such railroads). This rule does not require the
use of automated recordkeeping, but, when implemented by the small
operations for which it is tailored, it will decrease the burden hours
spent on hours of service recordkeeping.

DATES: This final rule is effective August 29, 2018 in accordance with
5 U.S.C. 553(d)(1).

ADDRESSES: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and follow the
online instructions for accessing the docket.

FOR FURTHER INFORMATION CONTACT: Patrick J. Hogan, Transportation
Specialist, Office of Railroad Safety, Federal Railroad Administration,
1200 New Jersey Avenue SE, W33-448, Washington, DC 20590; telephone:
202-493-0277; email: [email protected]; Kyle Fields, Trial
Attorney, Office of Chief Counsel, Federal Railroad Administration,
1200 New Jersey Avenue SE., W31-232, Washington, DC 20590; telephone
202-493-6168; email: [email protected]; or Emily T. Prince, Trial
Attorney, Office of Chief Counsel, Federal Railroad Administration,
1200 New Jersey Avenue SE, W31-216, Washington, DC 20590; telephone
202-493-6146; email: [email protected].

SUPPLEMENTARY INFORMATION:

Commonly Used Abbreviations

CFR Code of Federal Regulations
FRA Federal Railroad Administration
HS Hours of service

Table of Contents for Supplementary Information

I. Executive Summary
II. Background and History

III. Scope of the Final Rule
IV. Discussion of Comments
V. Section-by-Section Analysis
VI. Regulatory Impact and Notices
    A. Executive Orders 12866, 13563, and 13771 and DOT Regulatory
Policies and Procedures
    B. Regulatory Flexibility Determination
    C. Federalism
    D. International Trade Impact Assessment
    E. Paperwork Reduction Act
    F. Environmental Assessment
    G. Unfunded Mandates Reform Act of 1995
    H. Energy Impact
    I. Privacy Act Statement

I. Executive Summary

    In 2009, FRA finalized amendments to the HS recordkeeping
regulations at 49 CFR part 228 (part 228) to authorize electronic
recordkeeping and reporting as a means of compliance with the Federal
HS laws. In addition to certification requirements, see 49 CFR
228.9(b), these amendments added new subpart D to part 228, which
established comprehensive requirements for electronic recordkeeping
systems. Some smaller railroads informed FRA that the requirements of
part 228, subpart D make electronic recordkeeping systems infeasible
for their operations, which are less complex and variable than larger
railroads' operations. Some small railroads already use an automated
system for covered service employees to enter required HS data, which
the employees then print and sign as a paper HS record. This rule
allows a railroad with less than 400,000 employee-hours annually (an
``eligible smaller railroad''), and contractors and subcontractors that
provide covered service employees to that railroad, to have employees
electronically sign the automated records of their hours of duty and to
store the records in the railroad's computer system. Thus, this rule
eliminates the requirement to print and sign the record.
    This rule amends part 228, subpart D by defining an ``automated
recordkeeping system'' for eligible smaller railroads under new Sec.
228.201(b) and outlining the requirements of such a system under new
Sec.  228.206, while retaining the definition of an ``electronic
recordkeeping system'' as Sec.  228.201(a) and the existing
requirements under Sec. Sec.  228.203-228.205. The rule also provides
general requirements for automated records, such as electronic
signatures, retention periods, and FRA access, under new Sec.
228.9(c), and it modifies training requirements under Sec.  228.207.
    This rule allows an eligible smaller railroad to adopt an automated
recordkeeping system without conforming to all the requirements for an
electronic recordkeeping system. For example, new Sec.  228.206 does
not require an automated recordkeeping system to include some of the
program components and other features that are not appropriate or
necessary for the operations of eligible smaller railroads, although
those features are important for an electronic recordkeeping system in
light of the more complex operations of larger railroads. New Sec.
228.206 includes requirements for FRA and participating State inspector
access to and ability to search an automated recordkeeping system to
effectively monitor compliance with the HS laws and regulations,
similar to the search capabilities and access requirements for
electronic recordkeeping systems.
    This rule significantly reduces costs and paperwork burdens for
eligible smaller railroads because automated records require less time
to complete than manual records and the records may be stored
digitally, relieving eligible smaller railroads of the burden of
storing and maintaining paper records. The costs of implementing an
automated recordkeeping system are projected as substantially less than
an electronic recordkeeping system and are relatively small compared to
the benefits gained by eliminating a paper recordkeeping system.
Adopting an automated recordkeeping system is purely voluntary, but FRA
expects many eligible smaller railroads currently using manual records
to begin creating and maintaining HS records using an automated system,
with a projected reduction of over 194,000 burden hours. FRA's economic
analysis projects an estimated $87.6 million in net savings over a 10-
year period as a result of this rule, and the present value of this
savings is $55.1 million (discounted at 7 percent). The final rule is
expected to have no negative impact on safety, as it simply provides a
voluntary option for eligible smaller railroads and their contractors
and subcontractors to use an alternative means of compliance with
recordkeeping obligations.

II. Background and History

    Federal laws governing railroad employees' hours of service date
back to 1907 \1\ and are presently codified at 49 U.S.C. 21101-
21109,\2\ 21303, and 21304.\3\ FRA, under 49 U.S.C. 103(g), 49 CFR
1.89, and internal delegations, has long administered the statutory HS
requirements and the agency's HS recordkeeping and reporting
regulations (49 CFR part 228, subpart B), which promote compliance with
the HS laws. Currently, the HS statutory requirements cover three
groups of employees: train employees, signal employees, and dispatching
service employees, as those terms are defined at Sec. 21101. The HS
recordkeeping and reporting regulations at 49 CFR 228.5 include the
statutory definitions of these terms and FRA interpretations discuss
them. See FRA's ``Requirements of the Hours of Service Act; Statement
of Agency Policy and Interpretation'' at 49 CFR part 228, appendix A,
most of which was issued in the 1970s, and subsequent FRA
interpretations of the HS laws published in the Federal Register.
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    \1\ See the Hours of Service Act (Pub. L. 59-274, 34 Stat. 1415
(1907)). Effective July 5, 1994, Public Law 103-272, 108 Stat. 745
(1994), repealed the Hours of Service Act as amended, then codified
at 45 U.S.C. 61-64b, and revised and reenacted its provisions,
without substantive change, as positive law at 49 U.S.C. 21101-
21108, 21303, and 21304. The Hours of Service Act was administered
by the Interstate Commerce Commission until these duties were
transferred to FRA in 1966.
    \2\ These sections may also be cited as 49 U.S.C. Chapter 211.
Hereinafter, references to a ``Sec.'' are to a section of title 49
of the U.S. Code unless otherwise specified.
    \3\ For a table comparing and contrasting the current Federal HS
requirements with respect to freight train employees, passenger
train employees, signal employees, and dispatching service
employees, please see Appendix A to the Second Interim
Interpretations. 78 FR 58830, 58850-58854, Sept. 24, 2013.
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    Congress has amended the HS statutory requirements several times
over the years, most recently in the Rail Safety Improvement Act of
2008 (RSIA).\4\ The RSIA substantially amended the requirements of
Secs. 21103 and 21104, applicable to a ``train employee'' \5\ and a
``signal employee,'' \6\ respectively, and added new provisions at
Secs. 21102(c) and 21109 that together made a train employee providing
rail passenger transportation subject to HS regulations, not Sec.
21103, if the Secretary timely issued regulations. Subsequently, FRA,
as the Secretary's delegate, timely issued those regulations, codified
at 49 CFR part 228, subpart F (Passenger Train Employee HS
Regulations), which became effective October 15, 2011.
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    \4\ Public Law 110-432, Div. A, 122 Stat. 4848.
    \5\ See Sec. 21101(5).
    \6\ See Sec. 21101(4). The RSIA also amended the definition of
``signal employee'' effective October 16, 2008. Before the RSIA, the
term meant ``an individual employed by a railroad carrier who is
engaged in installing, repairing, or maintaining signal systems.''
Emphasis added.
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    Additionally, section 108(f)(1) of the RSIA required the Secretary
to prescribe a regulation revising the requirements for recordkeeping
and reporting for hours of service of railroad employees, specifically
to authorize electronic record keeping and reporting of excess

service and to require training of affected employees and supervisors,
including training of employees in the entry of hours of service data.
FRA, as the Secretary's delegate, also issued those regulations,
codified at 49 CFR part 228, including subpart D (Electronic
Recordkeeping), which became effective July 16, 2009. 74 FR 25330, May
27, 2009 (2009 Recordkeeping Amendments).\7\
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    \7\ FRA issued its first HS recordkeeping regulation, codified
at 49 CFR part 228, subparts A and B, in 1972. See 37 FR 12234, Jun.
21, 1972. Because the regulation did not contemplate electronic
recordkeeping, it required HS records be signed manually by the
employee whose time was being recorded. Therefore, prior to the
effective date of the 2009 Recordkeeping Amendments, railroads that
wished to create and maintain their required HS records
electronically rather than manually needed FRA's waiver of the
requirement for a handwritten signature. See FRA procedural
regulations at 49 CFR part 211. At the time the 2009 recordkeeping
amendments went into effect, several Class I railroads were creating
and maintaining their required HS records using an electronic
recordkeeping system approved by FRA pursuant to a waiver. See the
preamble of the 2009 Recordkeeping Amendments for further discussion
of the history of electronic recordkeeping and the development of
waiver-approved electronic recordkeeping systems. See 74 FR 25330,
25330-25334.
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    In general, the 2009 Recordkeeping Amendments required that either
employees recording their own time, or the reporting crewmember of a
train crew or signal gang who was recording time, certify their
electronic HS records, instead of signing them by hand, and that the
recordkeeping system electronically stamp the records with the name of
the certifying employee and the date and time of certification. See 49
CFR 228.9(b). These amendments also established comprehensive
requirements for electronic recordkeeping systems. A brief summary of
the most significant requirements follows.
     First, electronic recordkeeping systems must generate
records that provide sufficient data fields for an employee to report a
wide variety and number of activities that could arise during a duty
tour. See 49 CFR 228.201.
     Second, the systems must have security features to control
access to HS records and to identify any individual who entered
information on a record. See 49 CFR 228.203(a)(1)(i), (a)(2)-(a)(7),
and (b).
     Third, systems must include program logic that identifies
how periods of time spent in any activity that is entered on a record
are treated under the HS laws (and the substantive HS regulations for
passenger train employees).
     Fourth, program logic must allow the systems to calculate
total time on duty from the data the employee entered, flag employee-
input errors so the employee can correct them before certifying the
record, and require the employee to enter an explanation when the data
entered shows a violation of the HS laws or regulations. See 49 CFR
228.203(c).
     Fifth, electronic recordkeeping systems must provide a
method known as a ``quick tie-up'' for employees to enter limited HS
information when they have met or exceeded the maximum hours allowed
for the duty tour, and railroads must have procedures for employees to
do a quick tie-up by telephone or facsimile (fax) if computer access is
not available. See 49 CFR 228.5 and 228.203(a)(1)(ii).
     Finally, an electronic recordkeeping system must provide
search capability so records may be searched by date or date range and
by employee name or identification number, train or job assignment,
origin or release location, territory, and by records showing excess
service. The results of any such search must yield all records matching
specified criteria. See 49 CFR 228.203(d).

III. Scope of the Final Rule

    The final rule applies only to eligible smaller railroads \8\, as
well as contractors and subcontractors to such eligible smaller
railroads. FRA is aware that some railroads have been using an
automated system in which covered service employees access a blank HS
record on a railroad computer, enter required data on the form, and
then print and sign the record. The printed record is still considered
a manual or paper record, with the associated burden of storage placed
on the railroad. FRA expects many eligible smaller railroads will
choose to comply with this rule using existing equipment and software
already in use. For example, many eligible smaller railroads will find
their existing equipment and software can generate forms that will
allow employees to enter the information relevant to their duty tours
as required by Sec.  228.11 and save those records in a directory
structure that would allow either the railroad or FRA to retrieve them
using the search criteria provided in this rule.
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    \8\ Railroads that: (1) Reported less than 400,000 employee
hours to FRA during the preceding three consecutive calendar years
under 49 CFR 225.21(d) on Form FRA 6180.55, Annual Railroad Reports
of Manhours by State; or (2) operating less than three consecutive
calendar years that reported less than 400,000 employee hours to FRA
during the current calendar year under 49 CFR 225.21(d) on Form FRA
6180.55, Annual Railroad Reports of Manhours by State.
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    Contractors and subcontractors to eligible smaller railroads are
also eligible to use automated recordkeeping systems for their
employees working on eligible smaller railroads, but not for their
employees working on ineligible railroads. For instance, a contractor
or subcontractor that performs covered service for both eligible
smaller railroads and Class I railroads is not eligible to use an
automated recordkeeping system for the hours of service records of its
employees working for Class I railroads. If a contractor or
subcontractor small enough to be eligible to use an automated
recordkeeping system under this rule performs service for eligible and
ineligible railroads and seeks to use an automated recordkeeping
system, such a contractor or subcontractor may pursue relief through
the waiver process, under 49 CFR 211.41.
    It is appropriate to allow the eligible smaller railroads to use an
automated recordkeeping system that lacks the programming and analysis
capabilities required of an electronic recordkeeping system because of
the less complex and less varied nature of the operations of eligible
smaller railroads. For example, this rule does not require an automated
system to calculate and fill in total time on duty based on the
information an employee enters because that would require costly
programming to enable the system to identify how various periods of
time are treated. Instead, an employee will enter that information just
as if the automated record were a paper record. Similarly, the rule
does not require an automated system to include costly programming that
would prompt the employee to enter an explanation of a duty tour over
12 hours or that would flag possible input errors or missing data (for
example, showing an on-duty location that differs from the released
location of the previous duty tour).
    Approximately 746 railroads, 18 commuter railroads, and their
contractors and subcontractors, are eligible to use automated
recordkeeping systems pursuant to this rule. FRA declines to extend
this rule to railroads with 400,000 or more employee-hours annually
because the number of employees, volume of HS records, and complexity
of operations associated with larger railroads requires a more
sophisticated electronic recordkeeping system that complies with part
228, subpart D if those operations want to use an alternative to manual
records.\9\ A

larger and more complex operation benefits from an electronic
recordkeeping system's program logic that helps to ensure accurate
recordkeeping, and search capabilities that help to better identify
relevant records for the railroad's own review and in response to FRA
requests.
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    \9\ FRA also declines to adopt a per se rule allowing Class III
railroads to use automated recordkeeping because the definition of
``Class III railroad'' includes all terminal and switching
operations, regardless of operating revenue, some of which have
extensive operations more appropriately served by an electronic
recordkeeping system. See 49 CFR 1201.1-1(d). Accordingly, FRA chose
to define the rule's applicability based on employee hours.
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    Among commuter railroads, for example, Metro-North Commuter
Railroad is currently using an electronic recordkeeping system, and New
Jersey Transit Railroad is developing an electronic recordkeeping
system. FRA understands that these railroads are willing to share some
information with other commuter railroads that are ineligible for
automated recordkeeping systems to help them develop electronic
recordkeeping systems compliant with part 228, subpart D. By developing
these partnerships, larger commuter railroads will have a cost-
effective opportunity to eliminate paper records and adopt electronic
recordkeeping systems even if they do not qualify for automated
recordkeeping under this rule. For these reasons, FRA adopts this rule
applicable only to eligible smaller railroads.

IV. Discussion of Comments

    FRA received two public comments on the automated recordkeeping
NPRM. The American Short Line and Regional Railroad Association filed a
short comment October 23, 2015, indicating the NPRM accurately assessed
the ability of small railroads to capture HS data and expressing
eagerness to see a final rule in effect. FRA also received an anonymous
comment October 22, 2015, indicating only that the NPRM was, ``Good.''
FRA received no public comments conveying a need to change the scope or
substance of the proposed rule.

V. Section-by-Section Analysis

Subpart A--General

Section 228.5 Definitions
    FRA adds definitions of ``automated recordkeeping system'';
``electronic recordkeeping system''; ``electronic signature''; and
``eligible smaller railroad.''
    The definitions of ``automated recordkeeping system'' and
``electronic recordkeeping system'' distinguish the automated systems
subject to this rulemaking, which are required to conform to the
requirements of new Sec. Sec.  228.201(b) and 228.206, from the
electronic recordkeeping systems that must meet the pre-existing
requirements of Sec. Sec.  228.201(a) and 228.203-228.205.
    The definition of ``electronic signature'' is consistent with the
Electronic Signatures in Global and National Commerce Act.\10\ It
allows railroads the choice of using two different types of electronic
signatures for their employees to sign their HS records: Either (1) a
unique digital signature, created based on the employee's
identification number and password, or other means used to uniquely
identify the employee in the automated recordkeeping system; or (2) a
unique digitized version of the employee's handwritten signature that
would be applied to the HS record.\11\ The definition also provides the
electronic signature must be created as provided in Sec.  228.19(g)
(existing regulatory requirements for creating an electronic signature
for railroads' use on their reports of excess service) or Sec.
228.206(a) (new requirements for creating electronic signatures for use
on employees' HS records in an automated recordkeeping system).
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    \10\ Public Law 106-229, 114 Stat. 472 (2000); see 15 U.S.C.
7006.
    \11\ If a railroad creates an electronic signature that is a
unique digital signature for each of its employees, the employee's
HS record will be signed with the employee's printed name or other
identifying information, when the employee signs the record using
his or her electronic signature. If the railroad instead creates a
digitized version of the employee's handwritten signature, the
record will be signed with the employee's handwritten signature when
the employee signs the record using his or her electronic signature.
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    This rule defines an ``eligible smaller railroad'', in general, as
a railroad with less than 400,000 employee hours annually, which is
eligible to use an automated recordkeeping system under this rule. More
specifically, an eligible smaller railroad is defined as a railroad
that has reported to FRA it had less than 400,000 employee hours during
the preceding three consecutive calendar years on Form FRA 6180.55--
Annual Railroad Reports of Manhours by State, as required by 49 CFR
225.21(d). As an exception to the general rule, railroads that have not
been operating for three prior consecutive calendar years and expect to
have less than 400,000 employee hours annually during the current year
may use an automated recordkeeping system. This final rule combines the
substantive content of the proposed definitions of ``eligible smaller
railroad'' and ``railroad that has less than 400,000 employee hours
annually'' into the final definition of ``eligible smaller railroad.''
Section 228.9 Records; General
    New Sec.  228.9(c) establishes requirements for automated records
that parallel the requirements of paragraph (a) for manual records and
paragraph (b) for electronic records. Paragraph (c) requires that
automated records be electronically signed and stamped with the
certifying employee's electronic signature that meets the requirements
of Sec.  228.206(a) and the date and time that the employee
electronically signed the record. As in paragraphs (a) and (b),
paragraph (c) contains requirements for retaining and accessing the
records. Unlike paragraph (b) applicable to electronic records,
paragraph (c) does not require using an employee identification (ID)
and password to access automated records.\12\ While some eligible
smaller railroads might choose to provide an ID and password for the
purpose of accessing an automated system, FRA concludes mandating an ID
and password would be more complex than necessary for smaller
operations, which may choose, for example, to have a railroad official
directly provide access.\13\ Finally, paragraph (c) requires automated
records be capable of being reproduced on printers available at the
location where records are accessed, meaning railroads must have
printers available at any location where they provide access to
records. This requirement also applies to electronic recordkeeping
systems under Sec.  228.9(b).
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    \12\ Employee ID and passwords are necessary for employees to
certify their hours of service records, but are not required as a
mechanism for providing access to the automated recordkeeping
system.
    \13\ It is important to note access must be available as soon as
possible and no later than 24 hours after a request, as required by
Sec.  228.206(e)(2), as discussed further below. In addition,
railroads and managers risk civil and criminal liability if they
control access to an automated recordkeeping system in a manner that
prevents employees from accurately reporting their hours of service.
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Section 228.11 Hours of Duty Records
    Section 228.11(a) requires each railroad, or a contractor or a
subcontractor that provides covered service employees to a railroad, to
``keep a record, either manually or electronically, concerning the
hours of duty of each employee.'' Because HS records created and
maintained using an automated recordkeeping system will also be
required to comply with the requirements of Sec.  228.11 (see section-
by-section analysis of Sec.  228.201(b) below), this rule removes the
words ``either manually or electronically'' from the requirement.

Section 228.201 Electronic Recordkeeping System and Automated
Recordkeeping System; General
    FRA retains the pre-existing requirements of this section for
electronic recordkeeping systems as paragraph (a) and adopts new
paragraph (b) with similar but simplified requirements for automated
recordkeeping systems, in part by cross-referencing those requirements
of paragraph (a) also applicable to automated recordkeeping systems.
The rule makes minor non-substantive changes to paragraphs (a)(3),
(a)(4), and (a)(5) to correct typographical errors, specifically by
deleting the ``and'' after paragraph (a)(3), replacing the periods at
the end of paragraphs (a)(4) and (a)(5) with semicolons, and adding
``and'' after the semicolon at the end of paragraph (a)(5). New Sec.
228.201(b)(1) requires an automated recordkeeping system to comply with
new Sec.  228.206. New Sec.  228.201(b)(2) requires eligible smaller
railroads using automated recordkeeping systems to comply with the
requirements of paragraphs (a)(2) and (a)(4)-(a)(6), requirements also
applicable to electronic records and recordkeeping systems. The main
difference between the requirements of new Sec.  228.201(b)(2) for
automated records and recordkeeping systems and the corresponding
existing requirements for electronic records and recordkeeping systems
is that automated systems are not required to have monitoring
indicators in the system to help the railroad monitor the accuracy of
the records. Eligible smaller railroads, however, remain responsible
for the accuracy of their required HS records, regardless of whether
the record is manual, automated, or electronic.
    Finally, under new Sec.  228.201(c), if a railroad, or a contractor
or subcontractor to a railroad with an automated recordkeeping system,
ceases to qualify as an ``eligible smaller railroad'' based on the new
definition in Sec.  228.5, that railroad, or contractor or
subcontractor to a railroad, may not use an automated recordkeeping
system unless FRA grants a waiver under 49 CFR 211.41. As described
above, FRA believes larger railroads are better served by the use of an
electronic recordkeeping system. In most cases, a railroad with such
growth for three consecutive calendar years will have had sufficient
time and funding to transition to an electronic recordkeeping system.
Section 228.206 Requirements for Automated Records and Recordkeeping
Systems on Eligible Smaller Railroads
    New Sec.  228.206 establishes the requirements for an automated
recordkeeping system, some of which are similar to the requirements for
electronic recordkeeping systems found in Sec. Sec.  228.203 and
228.205. As discussed in Section III above, however, Sec.  228.206 is
tailored to the nature and lesser complexity of the operations of
eligible smaller railroads. Therefore, the rule does not require an
automated system to include some of the program components and other
features that apply to electronic recordkeeping systems. These elements
are not appropriate or necessary for the operations of eligible smaller
railroads; however, the rule requires other elements for the automated
systems not used in an electronic recordkeeping system.
    Paragraph (a) mandates an employee creating an automated record
must sign the record and establishes the requirements for an electronic
signature. These requirements largely track paragraph (g) of Sec.
228.19, which explains the requirements for railroads to establish and
use electronic signatures for filing reports of excess service. These
requirements are unique to automated recordkeeping systems and do not
apply to electronic recordkeeping systems.
    Paragraph (b) provides standards for system security of automated
recordkeeping systems. Eligible smaller railroads must control access
to the automated recordkeeping system using a user name and password or
comparable method. Paragraph (b)(1) restricts data entry to the
employee, train crew, or signal gang whose time is being reported,
although a railroad may pre-populate some of the known factual data on
its employees' HS records. An employee's name or identification number,
or the on-duty time for an employee who works a regular schedule, are
examples of the kind of data that the automated system can pre-
populate; however, the regulation requires that the employee may make
changes to any pre-populated data at all times without requiring
permission or authorization from any third party, such as, but not
limited to, a railroad manager.
    Paragraph (b)(2) requires no two individuals have the same
electronic signature, and paragraph (b)(3) requires the system not
permit the deletion or alteration of an electronically-signed automated
record. Paragraphs (b)(4) and (b)(5) together require that any
amendment to a record must (1) be stored digitally apart from the
record it amends or attached as information without altering the record
and (2) identify the person making the amendment. Finally, paragraphs
(b)(6) and (b)(7) require the automated recordkeeping systems maintain
records as submitted without corruption or loss of data and ensure
supervisors and crew management officials can access, but not delete or
alter, an automated record after an employee electronically signs the
record. The proposed rule did not establish a specific interval for
railroads to back-up the data contained in their automated
recordkeeping system. FRA requested comments on the appropriate
interval and method of data back-up, but did not receive any comments
on this issue. To guarantee sufficient data redundancy to prevent
substantial loss of HS records, paragraph (b)(6) now requires back-up
of automated recordkeeping systems at least quarterly.
    Paragraph (c) requires the automated recordkeeping system to
identify each individual who enters data on a record and which data
items each individual entered if more than one person entered data on a
given record.
    Paragraph (d) establishes the required search capabilities for an
automated recordkeeping system. Though the rule provides specific data
fields and other criteria the system must be able to use to search for
and retrieve responsive records, the requirements are notably less
complex than those for an electronic recordkeeping system.
    Paragraph (e) establishes the requirements for access to automated
recordkeeping systems. Eligible smaller railroads must grant FRA
inspectors, and participating State inspectors, access to the system
using railroad computer terminals as soon as possible, and no later
than 24 hours after a request for access. The access must make visible
each data field an employee completed, and data fields must be
searchable as described in paragraph (d).
Section 228.207 Training
    This rule revises the training requirements of part 228.
Specifically, paragraph (b) of this section, which sets forth the
components of initial training, will now require training on how to
enter HS data into an automated system. The paragraph currently
requires training of employees on the electronic recordkeeping system
or the appropriate paper records used by the railroad, contractor, or
subcontractor for whom the employees perform covered service. Paragraph
(b) will now include a similar training requirement for eligible
smaller

railroads that develop an automated recordkeeping system in compliance
with this rule.
    Similarly, this rule revises paragraph (c) of this section to
specifically require eligible smaller railroads with automated systems
to provide refresher training emphasizing any changes in HS substantive
requirements, HS recordkeeping requirements, or a railroad's HS
recordkeeping system since the employee was last provided training. FRA
expects any railroad implementing an automated recordkeeping system to
replace previously-used paper records would need to provide training on
the use of that system to its employees, even if those employees had
previously received training for paper records as required by this
section.

VI. Regulatory Impact and Notices

A. Executive Orders 12866, 13563, and 13771 and DOT Regulatory Policies
and Procedures

    This final rule has been evaluated in accordance with existing
policies and procedures under Executive Order 12866, Executive Order
13563, Executive Order 13771, and DOT policies and procedures. 44 FR
11034, Feb. 26, 1979; 76 FR 3821, Jan. 21, 2011; 82 FR 9339, Jan. 30,
2017. OMB designated this rule nonsignificant. FRA prepared and placed
in the docket a Regulatory Evaluation addressing the economic impacts
of this rule.
    FRA will now allow eligible smaller railroads, and their
contractors and subcontractors, to use automated recordkeeping systems,
a simpler alternative to electronic recordkeeping systems that are
infeasible for them, because their operations are less complex and
variable than the operations of larger railroads. Both electronic and
automated records require substantially less time to complete and cost
less to store than manual records. Under this rule, eligible smaller
railroads can take advantage of paper-saving technology to create and
maintain hours of duty records as required by 49 CFR part 228, subpart
B without complying with the more-stringent requirements for electronic
recordkeeping systems under 49 CFR part 228, subpart D that may not be
relevant to their operations. As part of its regulatory evaluation, FRA
explained the benefits/cost savings of automated records and
recordkeeping systems under this rule and provided a monetized value.
The rule substantially reduces costs compared to current paper
recordkeeping systems by allowing eligible smaller railroads to use
automated recordkeeping systems. FRA believes the majority of eligible
smaller railroads will take advantage of the opportunity for cost
savings and incur a small burden to realize projected significant net
cost savings. The final rule also follows the direction of Executive
Order 13563, which emphasizes the importance of quantifying both costs
and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
    Finally, this final rule is considered an E.O. 13771 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in the rule's economic analysis.
    FRA estimates this regulation will result in a total estimated
reduction of just over 194,000 burden hours annually. Based on
railroads' annual 6180.55 reports to FRA for 2016, this rule will apply
to a total of approximately 764 railroads with less than 400,000
employee-hours annually. These 764 railroads include the eligible
employees of 746 probable small freight railroads and 18 small commuter
railroads, as well as their contractors and subcontractors. FRA
estimates 615 of these entities will adopt an automated recordkeeping
system: 80 percent of the 746 small railroads and all 18 of the small
commuter railroads.
    The economic analysis \14\ provides a quantitative evaluation of
the costs, cost savings, and benefits of the rule. The cost savings
equals the reduced time an employee spends entering hours of duty in an
automated system compared to the time they currently spend to manually
produce a paper record of hours on duty. FRA calculated a reduction of
8 minutes per record.
---------------------------------------------------------------------------

    \14\ The Regulatory Evaluation for Docket No. FRA-2012-101,
Notice No. 2, is placed in the regulatory docket for this final
rule.
---------------------------------------------------------------------------

    FRA estimated the net cost savings expected from this final rule.
In particular, over a 10-year period, $87.6 million in net savings
could accrue through the adoption of automated recordkeeping systems.
The present value of this savings is $55.1 million (discounted at 7
percent). FRA concludes the eligible small railroads would benefit
significantly from adoption of the final rule.
    Railroads are already producing HS records manually on paper
records to comply with 49 CFR 228.11, and adopting an automated
recordkeeping system is voluntary. FRA expects a relatively small
implementation investment cost for railroads electing to use the
automated system to realize the significant benefits (cost burden
reduction). Costs are primarily labor driven along with the potential
purchase of hardware \15\ and software. \16\FRA estimates that if each
of these railroads were to expend $5,590 discounted at 7 percent over a
10-year period to set up and operate an automated recordkeeping system
for HS records, the railroads would reduce their paperwork burden by
$95,174 discounted at 7 percent over that same period.
---------------------------------------------------------------------------

    \15\ The equipment needed for an automated recordkeeping system
includes, a PC and other computer accessories such as printers.
    \16\ Examples of the types of software that might be purchased
are simple programmable accounting type spreadsheets, or electronic
signature and encryption software.
---------------------------------------------------------------------------

    Therefore, this final rule would have a positive effect on these
railroads, saving each railroad approximately a net $89,584 in costs at
discounted 7 percent over the 10-year analysis. The table below
presents the estimated net cost savings associated with the final rule,
over the 10-year analysis.

        Table 1--10-Year Estimated Net Cost Savings of Final Rule
------------------------------------------------------------------------

------------------------------------------------------------------------
Costs to prepare and operate automated record keeping         $3,438,058
Cost Savings: Reduced Hours of recordkeeping.........         58,532,167
                                                      ------------------
    Net Cost Savings.................................         55,094,109
------------------------------------------------------------------------
Dollars are discounted at a present value rate of 7%.

B. Regulatory Flexibility Determination

    Both the Regulatory Flexibility Act (RFA), Public Law 96-354, as
amended, and codified as amended at 5 U.S.C. 601-612, and Executive
Order 13272--Proper Consideration of Small Entities in Agency
Rulemaking, 67 FR 53461, Aug. 16, 2002, require agency review of
proposed and final rules to assess their

impact on ``small entities'' for purposes of the RFA. An agency must
prepare a regulatory flexibility analysis unless it determines and
certifies a final rule is not expected to have a significant impact on
a substantial number of small entities. Pursuant to the RFA, 5 U.S.C.
605(b), the Administrator of FRA certifies this final rule will not
have a significant economic impact on a substantial number of small
entities. Although this final rule could affect many small railroads,
they may voluntarily adopt the requirements. Moreover, the effect on
those railroads that do voluntarily adopt the requirements is primarily
beneficial and not significant because it will reduce their labor
burden for hours of service recordkeeping and reporting.
    The term ``small entity'' is defined in 5 U.S.C. 601 (Section 601).
Section 601(6) defines ``small entity'' as having the same meaning as
``the terms `small business', `small organization' and `small
governmental jurisdiction' defined in paragraphs (3), (4), and (5) of
this section.'' In turn, Section 601(3) defines a ``small business'' as
generally having the same meaning as ``small business concern'' under
Section 3 of the Small Business Act, and includes any a small business
concern that is independently owned and operated, and is not dominant
in its field of operation. Next, Sec. 601(4) defines ``small
organization'' as generally meaning any not-for-profit enterprises that
is independently owned and operated, and not dominant in its field of
operations. Additionally, Sec. 601(5) defines ``small governmental
jurisdiction'' in general to include governments of cities, counties,
towns, townships, villages, school districts, or special districts with
populations less than 50,000.
    The U.S. Small Business Administration (SBA) stipulates ``size
standards'' for small entities. It provides that, in order to qualify
for ``small entity'' status, a for-profit railroad business firm may
have a maximum of 1,500 employees for ``Line-Haul Operating'' railroads
and 500 employees for ``Short-Line Operating'' railroads. See ``Size
Eligibility Provisions and Standards,'' 13 CFR part 121, subpart A.
    Under exceptions in Section 601, Federal agencies may adopt their
own size standards for small entities in consultation with SBA, and in
conjunction with public comment. Under that authority, FRA published a
``Final Policy Statement Concerning Small Entities Subject to the
Railroad Safety Laws'' (Policy) which formally establishes that small
entities include among others, the following: (1) Railroads that
Surface Transportation Board (STB) regulations classify as Class III
and (2) commuter railroads ``that serve populations of 50,000 or
less.'' \17\ See 68 FR 24891, May 9, 2003, codified at appendix C to 49
CFR part 209. Currently, railroads eligible for small entity status
under the Policy also must have $20 million or less in annual operating
revenue, adjusted annually for inflation. The $20 million limit
(adjusted annually for inflation) is based on the STB's threshold for a
Class III railroad, which is adjusted by applying the railroad revenue
deflator adjustment. For further information on the calculation of the
specific dollar limit, see 49 CFR part 1201. FRA uses this definition
of ``small entity'' for this final rule.
---------------------------------------------------------------------------

    \17\ ``In the Interim Policy Statement [62 FR 43024, Aug. 11,
1997], FRA defined `small entity,' for the purpose of communication
and enforcement policies, the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., and the Equal Access for Justice Act 5 U.S.C. 501 et
seq., to include only railroads which are classified as Class III.
FRA further clarified the definition to include, in addition to
Class III railroads, hazardous materials shippers that meet the
income level established for Class III railroads (those with annual
operating revenues of $20 million per year or less, as set forth in
49 CFR 1201.1-1); railroad contractors that meet the income level
established for Class III railroads; and those commuter railroads or
small governmental jurisdictions that serve populations of 50,000 or
less.'' 68 FR 24892 (May 9, 2003). ``The Final Policy Statement
issued today is substantially the same as the Interim Policy
Statement.'' 68 FR 24894.
---------------------------------------------------------------------------

    FRA amends its hours of service recordkeeping regulations to
provide simplified recordkeeping requirements by allowing eligible
smaller railroads, and their contractors and subcontractors, to utilize
an automated system to create and maintain hours of duty records as
required by 49 CFR 228.11. As stated above, FRA reports indicate there
are 742 Class III railroads that are eligible to use the simplified
automated recordkeeping system this final rule provides. However, if
they are affected, it is voluntary because this final rule does not
require any railroad to develop and use an automated recordkeeping
system. As stated above, there are also 18 commuter railroads, each of
which is run by a State, County, or Municipal Agency, eligible under
this final rule to develop and use an automated recordkeeping system,
but all serve populations of 50,000 or more and are not designated as
small businesses.\18\
---------------------------------------------------------------------------

    \18\ Under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.), ``small governmental jurisdictions'' are governments of
cities, counties, towns, townships, villages, school districts, or
special districts with a population of less than 50,000.
---------------------------------------------------------------------------

    FRA estimates 80 percent of small railroads and all small commuter
railroads to convert to automated recordkeeping. For the purposes of
this analysis, the 615 railroads FRA estimates are affected by this
final rule are assumed to be small railroads. However, as discussed
above, the economic impact on these small railroads is not significant.
This final rule does not affect any other small entities other than
these small railroads. As stated above in Section VI.A., although FRA
estimates each of these railroads will expend $5,590, this final rule
will have a positive net economic effect on these railroads, saving
each railroad approximately $89,584 in costs at discounted 7 percent
over the 10-year period analyzed. Since this amount is relatively small
and beneficial, FRA concludes this final rule does not have a
significant impact on these railroads.
    To determine the significance of the economic impact for this RFA,
during the NPRM process, FRA invited comments from all interested
parties concerning the potential economic impact of this rulemaking on
small entities. However, FRA did not receive any comments related to
small entities.
    FRA expects the final rule will reduce the paperwork burden for
smaller railroads. Therefore, this RFA concludes this final rule will
not cause an economic impact on any small entities.
    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601(b), the
FRA Administrator hereby certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
FRA continues to invite comments from members of the public who foresee
a significant impact.

C. 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.'' The executive
order defines ``policies that have federalism implications'' to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' Under Executive Order 13132, the agency may not issue
a regulation with federalism implications that imposes substantial
direct compliance costs and that is not required by statute, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments or the agency
consults with State and local government officials early in the process
of developing the regulation. Where a

regulation has federalism implications and preempts State law, the
agency seeks to consult with State and local officials in the process
of developing the regulation.
    FRA analyzed this final rule consistent with the principles and
criteria contained in Executive Order 13132. FRA determined the final
rule will not have substantial direct effects on States, on the
relationship between the national government and States, or on the
distribution of power and responsibilities among the various levels of
government. In addition, FRA determined this final rule will not impose
substantial direct compliance costs on State and local governments.
Therefore, the consultation and funding requirements of Executive Order
13132 do not apply.
    This final rule amends FRA's HS reporting and recordkeeping
regulations to allow a railroad with less than 400,000 employee hours
annually, and a contractor or subcontractor providing covered service
employees to such a railroad, to create and maintain HS records for its
covered service employees using an automated recordkeeping system. FRA
is not aware of any State with regulations covering the subject of this
final rule. However, FRA notes this rule could have preemptive effect
under Section 20106 of the former Federal Railroad Safety Act of 1970,
that Congress repealed, reenacted without substantive change, codified
at 49 U.S.C. 20106, and later amended (Section 20106). Section 20106
provides that States may not adopt or continue in effect any law,
regulation, or order related to railroad safety or security that covers
the subject matter of a regulation prescribed or order issued by the
Secretary of Transportation (with respect to railroad safety matters),
unless the State law, regulation, or order (1) qualifies under the
``essentially local safety or security hazard'' exception to Section
20106, (2) is not incompatible with a law, regulation, or order of the
U.S. Government, and (3) does not unreasonably burden interstate
commerce.
    In sum, FRA analyzed this final rule consistent with the principles
and criteria contained in Executive Order 13132. As explained above,
FRA determined this final rule has no federalism implications other
than possible preemption of State laws under 49 U.S.C. 20106 and 21109
(providing regulatory authority for hours of service). Accordingly, FRA
determined it is not required to prepare a federalism summary impact
statement for this final rule.

D. 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.

E. Paperwork Reduction Act

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

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
        CFR section-49 CFR         Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
228.11--Hours of duty records....  785 railroads/       27,511,875 records.  2 min./5 min./8 min       2,733,439
                                    signal contractors
                                    & subcontactors.
228.17--Dispatchers record of      150 dispatch         200,750 records....  3 hours............         602,250
 train movements.                   offices.
228.19--Monthly reports of excess  300 railroads......  2,670 reports......  2 hours............           5,340
 service.
228.103--Construction of Employee  50 railroads.......  1 petition.........  16 hours...........              16
 Sleeping Quarters--Petitions to
 allow construction near work
 areas.
228.201(b)--Electronic             764 railroads......  615 automated        24 hours...........          14,760
 recordkeeping system and                                systems.
 Automated system--RR automated
 systems (Revised Requirement).
(c)--Waiver requests by railroads/ 615 railroads......  2 waiver requests..  8 hours............              16
 contractors/subcontractors no
 longer eligible use an automated
 recordkeeping system to refrain
 from having to begin keeping
 manual or electronic records or
 refrain from retaining its
 automated records as required
 under section 228.9(c) (New
 Requirement).
228.206--New Requirements--        100,500 employees..  19,365 signed        5 minutes..........           1,614
 Requirements for automated                              certifications.
 records and for automated
 recordkeeping systems on
 eligible smaller railroads, and
 their contractors or
 subcontractors that provide
 covered service employees to
 such railroads.
Certification of employee's        100,500 employees..  75 signed            5 minutes..........               6
 electronic signature.                                   certifications.
--Additional certification/        615 railroads......  615 procedures.....  90 minutes.........             923
 testimony provided by employee
 upon FRA request.
--Procedure for providing FRA/
 state inspector with system
 access upon request.
228.207--Revised Requirements--    615 railroads......  5,931 trained        2 hours............          11,862
 Training in use of electronic or                        employees.
 automated system--Initial
 training.

--Employee refresher training on   785 railroads/       47,000 trained       1 hour.............          47,000
 relevant changes to hours of       contractors &        employees.
 service laws, the recording or     subcontractors.
 reporting requirements in
 Subparts B and D of this Part,
 or the electronic, automated, or
 manual recordkeeping system of
 the railroad/contractor.
49 U.S.C. 21102--The Federal       10 railroads.......  1 petition.........  10 hours...........              10
 Hours of Service Laws--Petitions
 for exemption from laws.
228.407--Analysis of work          168 railroads......  2 analyses.........  20 hours...........              40
 schedules--RR analysis of one
 cycle of work schedules of
 employees engaged in commuter or
 intercity passenger
 transportation.
--RR Report to FRA Administrator   168 railroads......  1 report...........  2 hours............               2
 of each work schedule that
 exceeds fatigue threshold.
--RR Fatigue mitigation plan--     168 railroads......  1 plan.............  4 hours............               4
 submission and FRA approval.
--Work schedules, proposed         168 railroads......  1 corrected          2 hours............               2
 mitigation plans/tools,                                 document.
 determinations of operational
 necessity--found deficient by
 FRA and needing correction.
--Follow-up analyses submitted to  168 railroads......  5 analyses.........  4 hours............              20
 FRA for approval.
--Deficiencies found by FRA in     168 railroads......  1 corrected          2 hours............               2
 revised work schedules and                              document.
 accompanying fatigue mitigation
 tools and determinations of
 operational necessity needing
 correction.
--Updated fatigue mitigation       168 railroads......  8 plans............  4 hours............              32
 plans.
--RR Consultation with directly    168 railroads......  5 consultations....  2 hours............              10
 affected employees on: (i) RR
 Work schedules at risk for
 fatigue level possibly
 compromising safety; and
(ii) Railroad's selection of
 fatigue mitigation tools; and
 (iii) All RR Submissions
 required by this section seeking
 FRA approval.
--Filed employee statements with   RR Employee          2 filed statements.  2 hours............               4
 FRA explaining any issues          Organizations.
 related to paragraph (f)(1) of
 this section where consensus was
 not reached.
228.411--RR Training programs on   168 railroads......  14 training          5 hours............              70
 fatigue and related topics                              programs.
 (e.g., rest, alertness, changes
 in rest cycles, etc.).
--Refresher training for new       168 railroads......  150 initially        1 hour.............             150
 employees.                                              trained employees.
--RR Every 3 Years refresher       168 railroads......  3,400 trained        1 hour.............           3,400
 training for existing employees.                        employees.
--RR Record of employees trained   168 railroads......  3,550 records......  5 minutes..........             296
 in compliance with this section.
--Written declaration to FRA by    140 railroads......  2 written            1 hour.............               2
 tourist, scenic, historic, or                           declarations.
 excursion RR seeking exclusion
 from this section's requirements
 because its employees are
 assigned schedules wholly within
 the hours of 4 a.m. to 8 p.m. on
 the same calendar day that
 comply with the provisions of
 section 228.405.
Appendix D--Guidance on fatigue    168 railroads......  2 updated plans....  10 hours...........              20
 management plan--RR reviewed and
 updated fatigue management plans.
----------------------------------------------------------------------------------------------------------------

    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 Collection Clearance Officer, Office of Railroad Safety, at
202-493-6292, or Ms. Kim Toone, Information Collection Clearance
Officer, Office of Railroad Administration, at<PHONE_NUMBER>, or via
email at the following addresses: [email protected];
[email protected].

    Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Office of Information and Regulatory Affairs,
Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be
sent via email to the Office of Management and Budget at the following
address: [email protected].
    OMB is required to make a decision concerning the collection of
information requirements contained in this final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication.
    FRA cannot impose a penalty on persons for violating information
collection requirements which do not display a current OMB control
number, if required. FRA intends to obtain current OMB control numbers
for any new information collection requirements resulting from this
rulemaking action prior to the effective date of this final rule. The
OMB control number assigned to the collection of information associated
with the current rule is OMB No. 2130-0005.

F. Environmental Assessment

    FRA evaluated this final rule consistent 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 determined this final rule is
not a major FRA action requiring the preparation of an environmental
impact statement or environmental assessment because it is
categorically excluded from detailed environmental review under section
4(c)(20) of FRA's Procedures.See 64 FR 28547, May 26, 1999. Section
4(c)(20) states certain classes of FRA actions have been determined to
be categorically excluded from the requirements of FRA's Procedures as
they do not individually or cumulatively have a significant effect on
the human environment, including the promulgation of railroad safety
rules and policy statements that do not result in significantly
increased emissions of air or water pollutants or noise or increased
traffic congestion in any mode of transportation.
    FRA further concluded no extraordinary circumstances exist with
respect to this final regulation that might trigger the need for a more
detailed environmental review under sections 4(c) and (e) of FRA's
Procedures. As a result, FRA finds that this final rule is not a major
Federal action significantly affecting the quality of the human
environment.

G. Unfunded Mandates Reform Act of 1995

    Under 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 written statements from agencies before
promulgating any general notice of proposed rulemaking 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 written statement, if required,
would detail the effect on State, local, and tribal governments and the
private sector.
    For the year 2015, FRA adjusted the monetary amount of $100,000,000
to $156,000,000 for inflation. This final rule would not result in the
expenditure of more than $156,000,000 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, ``significant energy
action'' means 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 evaluated this rule consistent with
Executive Order 13211. FRA determined this rule will not have a
significant adverse effect on the supply, distribution, or use of
energy and, thus, is not a ``significant energy action'' under the
Executive Order 13211.

List of Subjects in 49 CFR Part 228

    Administrative practice and procedures, Buildings and facilities,
Hazardous materials transportation, Noise control, Penalties, Railroad
employees, Railroad safety, Reporting and recordkeeping requirements.

The Rule

    For the reasons discussed in the preamble, FRA amends part 228 of
chapter II, subtitle B of title 49, Code of Federal Regulations, as
follows:

PART 228--PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING
AND REPORTING; SLEEPING QUARTERS

0
1. The authority citation for part 228 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 21101-21109; Sec. 108, Div.
A, Pub. L. 110-432, 122 Stat. 4860-4866, 4893-4894; 49 U.S.C. 21301,
21303, 21304, 21311; 28 U.S.C. 2461, note; 49 U.S.C. 103; and 49 CFR
1.89.

0
2. The heading of part 228 is revised to read as set forth above.

0
3. In Sec.  228.5, add definitions of ``Automated recordkeeping
system''; ``Electronic recordkeeping system''; ``Electronic
signature''; and ``Eligible smaller railroad'' in alphabetical order to
read as follows:

Sec.  228.5   Definitions.

* * * * *
    Automated recordkeeping system means a recordkeeping system that--
    (1) An eligible smaller railroad, or a contractor or subcontractor
to such a railroad, may use instead of a manual recordkeeping system or
electronic recordkeeping system to create and maintain any records
subpart B of this part requires; and
    (2) Conforms to the requirements of Sec.  228.206.
* * * * *
    Electronic recordkeeping system means a recordkeeping system that--
    (1) A railroad may use instead of a manual recordkeeping system or
automated recordkeeping system to create and maintain any records
required by subpart B of this part; and
    (2) Conforms to the requirements of Sec. Sec.  228.201-228.205.
    Electronic signature means an electronic sound, symbol, or process
that--
    (1) Is attached to, or logically associated with, a contract or
other record;

    (2) Is executed or adopted by a person with the intent to sign the
record, to create either an individual's unique digital signature, or
unique digitized handwritten signature; and
    (3) Complies with the requirements of Sec.  228.19(g) or Sec.
228.206(a).
    Eligible smaller railroad means either:
    (1) A railroad that reported to FRA that it had less than 400,000
employee hours during the preceding three consecutive calendar years
under Sec.  225.21(d) of this chapter on Form FRA 6180.55, Annual
Railroad Reports of Employee Hours by State; or
    (2) A railroad operating less than 3 consecutive calendar years
that reported to FRA that it had less than 400,000 employee hours
during the current calendar year under Sec.  225.21(d) of this chapter
on Form FRA 6180.55, Annual Railroad Reports of Employee Hours by
State.
* * * * *

0
4. In Sec.  228.9, revise the section heading, add headings to
paragraphs (a) and (b), and add new paragraph (c) to read as follows:

Sec.  228.9   Manual, electronic, and automated records; general.

    (a) Manual records. * * *
* * * * *
    (b) Electronic records. * * *
* * * * *
    (c) Automated records. Each automated record maintained under this
part shall be--
    (1) Signed electronically by the employee whose time on duty is
being recorded or, in the case of a member of a train crew or a signal
employee gang, digitally signed by the reporting employee who is a
member of the train crew or signal gang whose time is being recorded as
provided by Sec.  228.206(a);
    (2) Stamped electronically with the certifying employee's
electronic signature and the date and time the employee electronically
signed the record;
    (3) Retained for 2 years in a secured file that prevents alteration
after electronic signature;
    (4) Accessible by the Administrator through a computer terminal of
the railroad; and
    (5) Reproducible using printers at the location where records are
accessed.

0
5. In Sec.  228.11, revise the first sentence of paragraph (a) to read
as follows:

Sec.  228.11  Hours of duty records.

    (a) In general. Each railroad, or a contractor or a subcontractor
of a railroad, shall keep a record of the hours of duty of each
employee. * * *
* * * * *

0
6. Revise the heading of subpart D to read as follows:

Subpart D--Electronic Recordkeeping System and Automated
Recordkeeping System

0
7. In Sec.  228.201, revise the section heading, designate the
introductory text as paragraph (a), add a heading to newly designated
paragraph (a), redesignate paragraphs (1) through (6) as paragraphs
(a)(1) through (6), revise the paragraphs newly designated as (a)(1),
(a)(3), (a)(4), and (a)(5), and add new paragraph (b) to read as
follows:

Sec.  228.201  Electronic recordkeeping system and automated
recordkeeping system; general.

    (a) Electronic recordkeeping system. * * *
    (1) The system used to generate the electronic record meets all
requirements of this paragraph (a) of this section and all requirements
of Sec. Sec.  228.203 and 228.205;
* * * * *
    (3) The railroad, or contractor or subcontractor to the railroad,
monitors its electronic database of employee hours of duty records
through a sufficient number of monitoring indicators to ensure a high
degree of accuracy of these records;
    (4) The railroad, or contractor or subcontractor to the railroad,
trains its affected employees on the proper use of the electronic
recordkeeping system to enter the information necessary to create their
hours of service record, as required by Sec.  228.207;
    (5) The railroad, or contractor or subcontractor to the railroad,
maintains an information technology security program adequate to ensure
the integrity of the system, including the prevention of unauthorized
access to the program logic or individual records; and
* * * * *
    (b) Automated recordkeeping system. For purposes of compliance with
the recordkeeping requirements of subpart B of this part, an eligible
smaller railroad, or a contractor or a subcontractor that provides
covered service employees to such a railroad, may create and maintain
any of the records required by subpart B using an automated
recordkeeping system if all of the following conditions are met:
    (1) The automated recordkeeping system meets all requirements of
paragraph (b) of this section and all requirements of Sec.  228.206;
and
    (2) The eligible smaller railroad or its contractor or
subcontractor complies with all of the requirements of paragraphs
(a)(2) and (a)(4) through (6) of this section for its automated records
and automated recordkeeping system.
    (c) If a railroad, or a contractor or subcontractor to the
railroad, is no longer eligible to use an automated recordkeeping
system to record data subpart B of this part requires, the entity must
begin keeping manual or electronic records and must retain its
automated records as required under Sec.  228.9(c) unless the entity
requests, and FRA grants, a waiver under Sec.  211.41 of this chapter.

0
8. Add Sec.  228.206 to read as follows:

Sec.  228.206  Requirements for automated records and for automated
recordkeeping systems on eligible smaller railroads, and their
contractors or subcontractors that provide covered service employees to
such railroads.

    (a) Use of electronic signature. Each employee creating a record
required by subpart B of this part must sign the record using an
electronic signature that meets the following requirements:
    (1) The record contains the printed name of the signer and the date
and actual time the signature was executed, and the meaning (such as
authorship, review, or approval) associated with the signature;
    (2) Each electronic signature is unique to one individual and shall
not be used by, or assigned to, anyone else;
    (3) Before an eligible smaller railroad, or a contractor or
subcontractor to such a railroad, establishes, assigns, certifies, or
otherwise sanctions an individual's electronic signature, or any
element of such electronic signature, the organization shall verify the
identity of the individual;
    (4) A person using an electronic signature shall, prior to or at
the time of each such use, certify to FRA that the person's electronic
signature in the system, used on or after August 29, 2018 is the
legally binding equivalent of the person's traditional handwritten
signature;
    (5) Each employee shall sign the initial certification of his or
her electronic signature with a traditional handwritten signature, and
each railroad using an automated system shall maintain certification of
each electronic signature at its headquarters or the headquarters of
any contractor or subcontractor providing employees who perform covered
service to such a railroad, and railroads, contractors, and
subcontractors must make the certification available to FRA upon
request; and
    (6) A person using an electronic signature in such a system shall,
upon FRA request, provide additional certification or testimony that a
specific

electronic signature is the legally binding equivalent of his or her
handwritten signature.
    (b) System security. Railroads using an automated recordkeeping
system must protect the integrity of the system by the use of an
employee identification number and password, or a comparable method, to
establish appropriate levels of program access meeting all of the
following standards:
    (1) Data input is restricted to the employee or train crew or
signal gang whose time is being recorded, except that an eligible
smaller railroad, or a contractor or subcontractor to such a railroad,
may pre-populate fields of the hours of service record provided that--
    (i) The eligible smaller railroad, or its contractor or
subcontractor, pre-populates fields of the hours of service record with
information the railroad, or its contractor or subcontractor knows is
factually accurate for a specific employee.
    (ii) The recordkeeping system may allow employees to copy data from
one field of a record into another field, where applicable.
    (iii) The eligible smaller railroad, or its contractor or
subcontractor does not use estimated, historical, or arbitrary
information to pre-populate any field of an hours of service record.
    (iv) An eligible smaller railroad, or a contractor or a
subcontractor to such a railroad, is not in violation of paragraph
(b)(1) of this section if it makes a good faith judgment as to the
factual accuracy of the data for a specific employee but nevertheless
errs in pre-populating a data field.
    (v) The employee may make any necessary changes to the data by
typing into the field without having to access another screen or obtain
clearance from railroad, or contractor or subcontractor to the
railroad.
    (2) No two individuals have the same electronic signature.
    (3) No individual can delete or alter a record after the employee
who created the record electronically signs the record.
    (4) Any amendment to a record is either:
    (i) Electronically stored apart from the record that it amends; or
    (ii) Electronically attached to the record as information without
changing the original record.
    (5) Each amendment to a record uniquely identifies the individual
making the amendment.
    (6) The automated system maintains the records as originally
submitted without corruption or loss of data. Beginning August 29,
2018, an eligible smaller railroad must retain back-up data storage for
its automated records for the quarters prescribed in the following
table for the time specified in Sec.  228.9(c)(3), to be updated within
30 days of the end of each prescribed quarter--

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

------------------------------------------------------------------------
Quarter 1..............................  January 1 through March 31.
Quarter 2..............................  April 1 through June 30.
Quarter 3..............................  July 1 through September 30.
Quarter 4..............................  October 1 through December 31.
------------------------------------------------------------------------

    (7) Supervisors and crew management officials can access, but
cannot delete or alter, the records of any employee after the employee
electronically signs the record.
    (c) Identification of the individual entering data. If a given
record contains data entered by more than one individual, the record
must identify each individual who entered specific information within
the record and the data the individual entered.
    (d) Search capabilities. The automated recordkeeping system must
store records using the following criteria so all records matching the
selected criteria are retrieved from the same location:
    (1) Date (month and year);
    (2) Employee name or identification number; and
    (3) Electronically signed records containing one or more instances
of excess service, including duty tours in excess of 12 hours.
    (e) Access to records. An eligible smaller railroad, or contractor
or subcontractor providing covered service employees to such a
railroad, must provide access to its hours of service records under
subpart B that are created and maintained in its automated
recordkeeping system to FRA inspectors and State inspectors
participating under 49 CFR part 212, subject to the following
requirements:
    (1) Access to records created and maintained in the automated
recordkeeping system must be obtained as required by Sec.  228.9(c)(4);
    (2) An eligible smaller railroad must establish and comply with
procedures for providing an FRA inspector or participating State
inspector with access to the system upon request and must provide
access to the system as soon as possible but not later than 24 hours
after a request for access;
    (3) Each data field entered by an employee on the input screen must
be visible to the FRA inspector or participating State inspector; and
    (4) The data fields must be searchable as described in paragraph
(d) of this section and must yield access to all records matching the
criteria specified in a search.

0
9. In Sec.  228.207, revise paragraphs (b)(1)(iii)(B) and (c)(1)(i) to
read as follows:

Sec.  228.207  Training.

* * * * *
    (b) * * *
    (1) * * *
    (iii) * * *
    (B) The entry of hours of service data, into the electronic system
or automated system or on the appropriate paper records used by the
railroad or contractor or subcontractor to a railroad for which the
employee performs covered service; and
* * * * *
    (c) * * *
    (1) * * *
    (i) Emphasize any relevant changes to the hours of service laws,
the recording and reporting requirements in subparts B and D of this
part, or the electronic, automated, or manual recordkeeping system of
the railroad or contractor or subcontractor to a railroad for which the
employee performs covered service since the employee last received
training; and
* * * * *

    Issued in Washington, DC.
Ronald Louis Batory,
Administrator.
[FR Doc. 2018-18639 Filed 8-28-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 77, Number 138 (Wednesday, July 18, 2012)]
[Notices]
[Pages 42303-42304]
[FR Doc No: 2012-17484]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0270; FRL-9520-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS for Petroleum Dry Cleaners
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before August 17,
2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0270, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0270, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to either submit or view public comments, access
the index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to
www.regulations.gov.
    Title: NSPS for Petroleum Dry Cleaners (Renewal).
    ICR Numbers: EPA ICR Number 0997.10, OMB Control Number 2060-0079.
    ICR Status: This ICR is scheduled to expire on August 31, 2012.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
    Abstract: The New Source Performance Standards (NSPS) for the
Petroleum Dry Cleaners (40 CFR part 60, subpart JJJ) were proposed on
December 14, 1982, promulgated on September 21, 1984, and amended on
October 17, 2000. The affected entities are subject to the General
Provisions of the NSPS at 40 CFR part 60, subpart A and any changes, or
additions to the Provisions specified at 40 CFR part 60, subpart JJJ.
    Owners or operators of the affected facilities must make an initial
notification, performance tests, periodic reports, and maintain records
of the occurrence and duration of any startup, shutdown, or malfunction
in the operation of an affected facility, or any period during which
the monitoring system is inoperative. Reports, at a minimum, are
required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 22
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners and operators of petroleum
dry cleaners.

    Estimated Number of Respondents: 20.
    Frequency of Response: Initially.
    Estimated Total Annual Hour Burden: 1,849.
    Estimated Total Annual Cost: $177,191, which includes $177,191 in
labor costs exclusively, with no capital/startup costs, and no
operation and maintenance (O&M) costs.
    Changes in the Estimates: There is an increase in labor hours for
both the respondents and the Agency in this ICR compared to the
previous ICR. The adjustment increase is due to an increase in the
number of new or modified sources. This increase is not due to any
program changes. There is also an increase in the total labor and
Agency costs as currently identified in the OMB Inventory of Approved
Burdens. The change in cost estimates reflects the changes in
respondent numbers (described above) and updated labors rates available
from the Bureau of Labor Statistics.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-17484 Filed 7-17-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 27, 2007 (Volume 72, Number 81)]
[Notices]
[Page 21062]
[DOCID:fr27ap07-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55656; File No. SR-NYSE-2007-15]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving Proposed Rule Change Regarding the Amendment of NYSE Rule 300
Relating to Trading Licenses

April 23, 2007.
    On February 13, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder, \2\ a
proposed rule change to amend NYSE Rule 300 relating to trading
licenses to charge a premium of $5,000, for a total annualized rate of
$55,000, for those trading licenses purchased after the annual
application period. The proposed rule change was published for comment
in the Federal Register on March 5, 2007.\3\ The Commission received no
comments regarding the proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55345 (February 26,
2007), 72 FR 9816.
---------------------------------------------------------------------------

    The Exchange previously required the payment of a 10% premium to
encourage participation in its ``Dutch'' auction method of allocating
trading licenses, but recently eliminated this premium when it adopted
a fixed $50,000 annual fee for each trading license.\4\ The Exchange
believes that the 10% premium for licenses purchased after the annual
application period will provide the Exchange with greater
predictability regarding the number of trading licenses issued. The
Exchange represents that this predictability not only facilitates
business planning and administration by member organizations and the
NYSE, but also reduces both business and regulatory systems changes to
reflect fluctuations in trading licenses issued. The Exchange confirms
that, during the December 2006 trading license application period, it
notified its members of its intent to submit a rule filing to apply the
proposed premium for trading licenses purchased after the application
period.\5\ The Exchange also confirms that the premium will only be
effective for trading licenses purchased after the approval of this
proposed rule change.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 54998 (December 21,
2006), 71 FR 78496 (December 29, 2006) (SR-NYSE-2006-98).
    \5\ E-mail communication between Leah Mesfin, Special Counsel,
Division of Market Regulation, Commission, and Janet Kissane, Vice
President and Associate General Counsel, NYSE, on April 13, 2007.
    \6\ Id.
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent
with the Act, and particularly with Section 6(b)(4) \7\ of the Act,
which requires that an exchange have rules that provide for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities.\8\ The
Commission believes that the Exchange's proposed 10% premium for
trading licenses purchased after the annual application period is
reasonable and should help facilitate the Exchange's administration of
trading licenses and member organizations' business planning with
respect to the issuance of trading licenses.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(4).
    \8\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (SR-NYSE-2007-15) be, and hereby
is, approved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(44).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-8097 Filed 4-26-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Notices]
[Page 37426-37427]
[DOCID:fr29jn10-56]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

June 21, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP09-809-003.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline, LLC FERC Gas Tariff,
First revised Volume 1, to be effective 7/7/10.
    Filed Date: 06/18/2010.
    Accession Number: 20100618-0212.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 30, 2010.

    Docket Numbers: RP09-809-004.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline, LLC FERC Gas Tariff,
First revised Volume 1, to be effective 7/7/10.
    Filed Date: 06/18/2010.
    Accession Number: 20100618-0212.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 30, 2010.

    Docket Numbers: RP09-882-000.
    Applicants: Questar Pipeline Company.
    Description: Questar Pipeline Company's Annual Gas Sales Report for
its Clay Basin Storage Reservoir for the 12-month period ending April
30, 2010.
    Filed Date: 06/18/2010.
    Accession Number: 20100618-5121.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 30, 2010.

    Docket Numbers: RP10-660-001.
    Applicants: North Baja Pipeline, LLC.
    Description: North Baja Pipeline, LLC submits tariff filing per
154.203: RP10-660 Baseline Compliance to be effective 4/28/2010.
    Filed Date: 06/18/2010.
    Accession Number: 20100618-5050.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 30, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make

protestants parties to the proceeding. Such protests must be filed on
or before 5 p.m. Eastern on the specified comment date. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-15736 Filed 6-28-10; 8:45 am]
BILLING CODE 6717-01-P