[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37521-37534]
[FR Doc No: 2016-13516]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 234

[Docket No. FRA-2011-0007, Notice No. 6]
RIN 2130-AC55

National Highway-Rail Crossing Inventory Reporting Requirements

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

ACTION: Final rule; response to petition for reconsideration.

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SUMMARY: This document responds to a petition for reconsideration of
FRA's January 6, 2015, final rule addressing U.S. DOT National Highway-
Rail Crossing Inventory (Crossing Inventory or Inventory) Reporting
Requirements. This document amends and clarifies the final rule in
response to the petition for reconsideration and makes certain
additional amendments to the rule to address practical implementation
problems that arose after publication of the final rule.

DATES: The amendments in this final rule are effective June 10, 2016.

FOR FURTHER INFORMATION CONTACT: Ronald Ries, Staff Director, Highway-
Rail Crossing and Trespasser Prevention Programs Division, Office of
Railroad Safety, FRA, 1200 New Jersey Avenue SE., Mail Stop 25,
Washington, DC 20590 (telephone:<PHONE_NUMBER><EMAIL_ADDRESS>or
Kathryn Shelton Gresham, Office of Chief Counsel, FRA, 1200 New Jersey
Avenue SE., Mail Stop 13, Washington, DC 20590 (telephone: 202-493-
6063<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 18, 2012, FRA published a notice of proposed rulemaking
(NPRM) as a first step towards the agency's promulgation of Crossing
Inventory regulations per the Congressional mandate contained in
Section 204(a) of the Rail Safety Improvement Act of 2008 (RSIA)

(codified at 49 U.S.C. 20160). See 77 FR 64077. After careful
consideration of comments received in response to the NPRM and
testimony received at a February 19, 2013, public hearing, FRA
published a final rule on January 6, 2015, requiring railroads that
operate one or more trains through highway-rail or pathway crossings to
submit initial reports to the Crossing Inventory, including current
information about warning devices and signs for previously unreported
and new highway-rail and pathway crossings through which they operate.
The final rule also requires railroads to periodically update the data
in the Crossing Inventory, including the prompt reporting of a crossing
sale, crossing closure, or changes in certain crossing characteristics.
See 80 FR 746.
    The Association of American Railroads (AAR) filed a petition for
reconsideration (Petition) of the final rule. In its Petition, AAR asks
FRA: (1) For additional time to comply with the final rule; (2) to
reconsider the rule's requirement that railroads, in certain instances,
submit data to the Crossing Inventory that State agencies have
historically submitted voluntarily. Specifically, AAR asks FRA to amend
49 CFR 234.405 and 234.407 to address that issue and issues associated
with the assignment of inventory numbers to certain crossings located
in private companies', ports', and docks' areas; (3) to amend those
same sections, and Sec.  234.409, to remove the requirement that
railroads operating trains through highway-rail or pathway crossings,
that are not the ``primary operating railroad'' for those crossings,
ensure information the relevant primary operating railroad provides to
the Crossing Inventory is submitted and updated; and (4) to revise the
Inventory Guide \1\ to disallow states from reporting crossing closures
to the Crossing Inventory.
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    \1\ Federal Railroad Administration, Office of Railroad Safety,
``Guide for Preparing U.S. DOT Crossing Inventory Forms'' (initially
published January 6, 2015).
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    The specific issues AAR raised, and FRA's responses to those
issues, are discussed in detail in the ``Section-by-Section Analysis''
below. The Section-by-Section Analysis also contains a discussion of
each provision of the final rule which FRA is amending or clarifying in
response to practical implementation issues it has discovered since it
promulgated the final rule. These amendments also allow greater
flexibility in complying with the rule. These amendments are within the
scope of the issues and options discussed, considered, or raised in the
NPRM.

II. Section-by-Section Analysis

A. Amendments to 49 CFR Part 234

Section 234.401 Definitions
    FRA is adding definitions of ``general railroad system of
transportation'' and ``general system railroad'' to this section
because these terms are used in the revised definition of ``primary
operating railroad'', which is discussed below. For purposes of this
subpart, FRA is defining a general railroad system of transportation as
the network of standard gage track over which goods may be transported
throughout the nation and passengers may travel between cities and
within metropolitan and suburban areas. Consistent with the definition
of ``general railroad system of transportation'', FRA is defining
general system railroad as a railroad that operates on track, which is
part of the general railroad system of transportation. Thus, a general
system railroad is not a plant railroad, as defined in Sec.  234.5 of
this part.
    As applied to highway-rail and pathway crossings located within
private companies', ports', or docks' areas, the final rule defines
``primary operating railroad'' as ``each railroad that owns track
leading to the private company, port, or dock area.'' After FRA issued
the final rule, at least one regulated entity expressed concern about a
private company where a railroad owns track leading into the private
company, but does not actually operate on track within the company.
Because the railroad does not operate over any crossings within the
company's area, the railroad stated it does not have ready access to
the information the rule requires it to report to the Crossing
Inventory for crossings within the private company.
    FRA did not intend to require railroads merely owning track leading
to a private company, port, or dock area, where the only railroad that
operates through crossings within the area is a plant railroad, as
defined in Sec.  234.5, to report to the Crossing Inventory information
on the crossings within the private area. Accordingly, FRA is revising
the definition of ``primary operating railroad'' to clarify that mere
ownership of track leading to a private company, port, or dock area
does not make a railroad a primary operating railroad for crossings
within that area, if no general system railroad operates over that
track and through at least one crossing within the private area.
    If a general system railroad operates over track leading to a
private area and through at least one highway-rail or pathway crossing
within the private area, the railroad that owns the track leading to
the area and over which the general system railroad operates, is
responsible for reporting to the Crossing Inventory information on all
the crossings within the private area. The railroad owning the track
leading to the private area should be able to obtain access to the
information required to be submitted to the Crossing Inventory (e.g.,
number and speed of train movements through the crossings within the
area) through the railroad operating over the track it owns.
    For example, if one general system railroad (Railroad A) owns a
track leading to a private company, port, or dock area and operates
over that track and through at least one crossing within the private
area, that Railroad (Railroad A) is the primary operating railroad for
all crossings within the private area. Similarly, if Railroad A owns
track leading to a private company, port, or dock area, but does not
operate over that track or any crossings within the private area but
instead allows another general system railroad (Railroad B) to operate
over its track leading to the private area and Railroad B also operates
through at least one crossing within the private area, Railroad A (the
railroad that owns the track leading to the private area) is considered
the primary operating railroad for all of the crossings within the
private area--even though it does not actually operate over the track.
    On the other hand, if two general system railroads (e.g., Railroad
C and Railroad D) own separate tracks leading to a private company,
port, or dock area, and Railroad C operates over its own track leading
to the private area and through at least one crossing within that area
(and Railroad D does not operate over its track leading to the private
area or through any crossings within the area), Railroad C (the general
system railroad that owns and operates over its track leading to the
private area and through at least one crossing within that area) is
considered the primary operating railroad for all of the crossings
within that area.
    Likewise, if Railroads C and D each own track leading to a private
company, port, or dock area, and Railroad E (another general system
railroad) operates over one of their tracks leading to the private area
and through at least one crossing within the area, the owner of the
track leading to the area over which Railroad E operates is the primary
operating railroad for all crossings within the private area. If both
Railroads C and D own track leading to a private company, port, or dock
area, and they each operate over their owned track into the area and
through at least

one crossing within the area, they both will be considered primary
operating railroads for all crossings within the private area.
    Finally, if in any scenario a general system railroad (or more than
one railroad) owns track leading to a private company, port, or dock
area, but neither that railroad nor any other general system railroad
operates over that track and through at least one crossing within the
area, then the crossings in the private area do not need to be reported
to the Crossing Inventory. For example, if a general system railroad
owns track leading up to the entrance of a private area and operates
over that track (or allows another general system railroad to operate
over that track), but does not operate over any crossing within the
area, that railroad is not considered a primary operating railroad for
purposes of the crossings within the private area.
Section 234.403 Submission of Data to the Crossing Inventory, Generally
    Section 234.403 of the final rule contains the general requirements
for submission of information to the Crossing Inventory. Paragraph (e)
of that section of the final rule allows a parent corporation to submit
crossing data to the Crossing Inventory on behalf of one or more of its
subsidiaries, if the parent corporation and subsidiary railroad(s): (1)
Provide written notice (signed by the chief executive officer of the
parent corporation) to FRA that the parent corporation is assuming the
reporting and updating responsibility; and (2) operate as a ``single,
seamless, integrated'' railroad system. Since publication of the final
rule, numerous railroads that voluntarily submitted crossing data in
the past on behalf of their subsidiaries notified FRA they would like
to continue to do so. However, because they do not operate as a
``single, seamless, integrated'' railroad system they cannot report on
behalf of their subsidiaries under the final rule. Railroads also
questioned the need for the chief executive officer, as opposed to any
railroad official, to sign the written notice the parent corporation
submits. After considering these concerns, which could inadvertently
prevent parent corporations from reporting crossing data on behalf of
their subsidiaries, FRA is amending Sec.  234.403(e) by removing the
requirement that parent corporations and their subsidiary railroads
operate as a ``single, seamless, integrated'' railroad system. As a
result, all railroad parent corporations can now report on behalf of
their subsidiaries under paragraph (e).
    This final rule also simplifies the notification process a parent
corporation must follow if it wants to submit Crossing Inventory data
on behalf of one or more of its subsidiary railroads. At least one
regulated entity raised concerns about current paragraph (e)(1) of this
section of the final rule that requires the chief executive officer of
the parent corporation to sign the required notice to FRA that the
parent corporation is assuming reporting and updating responsibility
for its subsidiaries. In response to those concerns, FRA is amending
paragraph (e)(1) to allow any appropriate management official with
authority to bind the company to sign the notice. This notice must
include a statement that the parent corporation is agreeing to (1)
submit and update crossing data for the named subsidiaries and the
parent corporation, and (2) be subject to enforcement action for
noncompliance with the final rule. FRA is also amending paragraph
(e)(1) to require only the parent corporation, instead of the parent
corporation and the named subsidiary, to submit the required written
notice to FRA.
Section 234.405 Submission of Initial Data to the Crossing Inventory
for Previously Unreported Crossings

Assignment of Inventory Numbers to Previously Unreported Crossings
Located in a Private Company, Port, or Dock Area

    Current paragraph (a)(1)(ii) of Sec.  234.405 requires each primary
operating railroad that operates through at least one previously
unreported crossing within a private company, port, or dock area to
assign one or more Inventory Numbers to those crossings. AAR asserts
that (1) this requirement is contrary to current practice that allows a
single Inventory Number to be assigned to all crossings in these areas,
and (2) this new requirement could create reporting confusion if an
accident were to occur at a crossing within a private company, port, or
dock area. AAR requests that FRA amend this requirement to allow
multiple primary operating railroads to share an assigned Inventory
Number for one or more previously unreported highway-rail and pathway
crossings located within a private company, port, or dock area.
    After careful consideration, FRA is not adopting AAR's request to
modify the language of Sec.  234.405(a)(1)(ii) for two reasons. First,
for purposes of enforcement of this rule's reporting requirements, if
the railroads share a single Inventory Number, FRA will not know which
railroad is responsible for misreporting or failure to report. Second,
if a reportable accident/incident occurs at a previously unreported
highway-rail or pathway crossing located within a private company,
port, or dock area, it benefits both FRA and the railroads involved for
the railroad responsible for reporting the accident/incident under 49
CFR part 225 to have its own unique Inventory Number it can use in the
accident/incident report it files with FRA.\2\
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    \2\ FRA is aware that some primary operating railroads already
share a single Inventory Number for highway-rail and pathway
crossings located within a private company, port, or dock area that
have already been reported to the Crossing Inventory. See discussion
of Sec.  234.409 below for how to submit periodic updates in such
situations.
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    FRA disagrees with AAR's argument that assigning multiple Inventory
Numbers to the same highway-rail or pathway crossing could create
reporting confusion. It is possible that a railroad that operates over
its own track into a private company, port, or dock area may not know
if another railroad with its own track leading into the area assigned
an Inventory Number to the crossings within the area. By requiring each
railroad to assign its own Inventory Number to the crossings within a
private company, port, or dock area, a railroad involved in a crossing
collision inside the area will not have to rely on another railroad to
provide the Inventory Number so it can report the accident as required
under part 225.
    FRA also disagrees with AAR's assertion that requiring each primary
operating railroad to assign one or more Inventory Numbers to crossings
located within a private company, port, or dock area could result in
multiple railroads having multiple signs at each vehicular entrance
that provide multiple Inventory Numbers and emergency notification
information for the same crossings. However, FRA regulations do not
require railroads to post emergency notification signs (ENS signs) at
crossings located within a private company. As for port and dock areas,
subpart E of 49 CFR part 234 (subpart E) requires railroads to post at
least one ENS sign only at each vehicular entrance if any highway-rail
and/or pathway crossings are located within that area (and provided the
port or dock area does not meet the definition of ``plant railroad'' in
Sec.  234.5.) See 49 CFR 234.311(a)(2)(ii). Subpart E does not require
railroads to post signs at each crossing within such an area. The track
owner or lessee that maintains the highway-rail or pathway grade
crossing (the ``maintaining railroad'' under 49 CFR 234.301) is
responsible for the placement and maintenance of ENS

signs at each vehicular entrance. See 49 CFR 234.311(a)(2)(ii). Under
subpart E, if the primary dispatching railroad under 49 CFR 234.306 and
the maintaining railroad are not the same entity, the primary
dispatching railroad must provide the emergency telephone number to
display on the ENS sign to the maintaining railroad. See 49 CFR
234.309(a).
    If there is more than one primary operating railroad that operates
through highway-rail or pathway crossings in a port or dock area,
subpart E does not require multiple signs at each vehicular entrance
with multiple Inventory Numbers and emergency notification information
for the crossings. Instead, under subpart E, the maintaining railroad
(not the primary operating railroad under this final rule) is
responsible for posting ENS signs that display the emergency telephone
number and the Inventory Number assigned to the crossings in the port
or dock area by the primary dispatching railroad.

Submission of Completed Inventory Forms for Previously Unreported
Highway-Rail and Pathway Crossings

    Paragraph (a)(3) of Sec.  234.405 of the final rule requires
primary operating railroads to submit to the Crossing Inventory
``accurate and complete [U.S. DOT Crossing] Inventory Forms, or their
electronic equivalent,'' for previously unreported highway-rail and
pathway crossings through which the railroads operate. AAR requests
that FRA amend this provision (and the corresponding provision in Sec.
234.407(a)(3) addressing new highway-rail and pathway crossings) by
removing the requirement that primary operating railroads submit
``completed'' U.S. DOT Crossing Inventory Forms (Inventory Forms) for
such crossings.
    AAR also objects to the voluntary process in paragraph 234.405(d)
(and the corresponding provision in Sec.  234.407(d) (addressing new
highway-rail and pathway crossings). Section 234.405(d) provides that
if a railroad requests data necessary to complete an Inventory Form
from a State agency, but does not timely receive that information from
the State agency, the railroad may notify FRA in writing of the State's
non-responsiveness. AAR asserts that railroads should not be held
responsible for supplying state-controlled information not maintained
by the railroads. AAR urges FRA to revise this requirement to limit
primary operating railroads' reporting responsibilities to crossing
data within their control.
    FRA acknowledges that State agencies generally maintain the
crossing data in Parts III, IV, and V of the Inventory Form. However,
the RSIA, as amended by sec. 11316(g) of the Fixing America's Surface
Transportation Act (FAST Act), specifically requires railroads to
report ``[n]ot later than 1 year after the date of enactment of the
RSIA or 6 months after a new crossing becomes operational, whichever
occurs later . . . current information, including information about
warning devices and signage, as specified by the Secretary, concerning
each previously unreported crossing through which it operates with
respect to the trackage over which it operates.'' 49 U.S.C. 20160.
Crossing data about warning devices and signage is primarily in Part
III of the Inventory Form, under the heading ``Highway or Pathway
Traffic Control Device Information.'' Thus, in addition to the crossing
data in Parts I and II of the Inventory Form, which railroads have
historically collected and maintained in the Crossing Inventory, the
RSIA specifically requires railroad carriers to submit additional
crossing data ``about warning devices and signage'' for previously
unreported and new crossings.
    The RSIA also contains language granting the Secretary of
Transportation (and by delegation, FRA) the authority to exercise
discretion in determining the scope of the crossing data railroads must
submit to the Crossing Inventory. In the final rule, FRA determined
that submission of complete Inventory Forms for previously unreported
and new public highway-rail grade crossings is needed to increase the
accuracy and utility of the Crossing Inventory. FRA continues to
maintain that position. Railroads generally work closely with the State
agency responsible for grade crossing safety before any new public
highway-rail grade crossings become operational. Therefore, any burden
associated with obtaining State-maintained crossing data for new public
highway-rail grade crossings should be minimal.
    Nevertheless, to clarify this requirement, FRA is revising Sec.
234.405(a)(3) (and the corresponding provision in Sec.  234.407(a)(3)
on new highway-rail and pathway crossings) to require primary operating
railroads to submit ``accurate Inventory Forms, or their electronic
equivalent,'' (as opposed to ``accurate and complete'' Inventory Forms)
to the Crossing Inventory for previously unreported highway-rail and
pathway crossings through which they operate. Primary operating
railroads must fill out these accurate Inventory Forms as the Inventory
Guide requires. In other words, primary operating railroads are only
required to complete the entire Inventory Form for new and previously
unreported public highway-rail grade crossings. The Inventory Guide
only requires primary operating railroads to complete Parts I and II of
the Inventory Form for new and previously unreported pathway grade
crossings and new and previously unreported private highway-rail grade
crossings.

State-Maintained Crossing Data

    Since the final rule requires primary operating railroads to
complete Inventory Forms (or their electronic equivalent) for new and
previously unreported public highway-rail grade crossings, those
railroads may need to obtain crossing data from the State agency
responsible for maintaining highway-rail and pathway crossing data to
complete the Inventory Form (or its electronic equivalent). Current
Sec.  234.405(d) of the final rule explains how a primary operating
railroad that requests State-maintained crossing data from the
appropriate State agency responsible for maintaining the data, but does
not timely receive the requested data, may notify FRA in writing that
the railroad requested the required data, but did not receive the data.
Under the final rule, if a railroad properly submits such notification,
FRA would not hold the primary operating railroad responsible for
failing to complete and submit accurate Inventory Forms (or their
electronic equivalent) for previously unreported public highway-rail
grade crossings.
    In its Petition, AAR asserts that ``FRA has taken a relatively
straightforward process, whereby primary operating railroads could
provide the data which they possess and state agencies could provide
the remaining highway traffic and other non-railroad data, and has made
it burdensome and complex.'' Noting that a primary operating railroad
may operate in dozens of states, AAR further asserts that contacting
each relevant State agency, tracking the responses of those agencies,
and creating a certification process would be an unmerited burden on
the industry.
    As noted previously, FRA continues to maintain its position that
submission of complete Inventory Forms for previously unreported and
new public highway-rail grade crossings is needed to increase the
accuracy and utility of the Crossing Inventory. To achieve this goal,
FRA is requiring primary operating railroads to provide the crossing
data they possess and to request any additional required crossing data
from the State agency responsible for maintaining that data. FRA
anticipates that State agencies will generally

respond promptly to railroad requests for State-maintained crossing
data. However, primary operating railroads may submit copies of their
written requests for State-maintained crossing data to FRA and to each
operating railroad that operates through the crossing. This is not
mandatory, but, if FRA audits the Crossing Inventory, FRA would know
the primary operating railroad made an effort to obtain State data for
one or more previously unreported public highway-rail grade crossings.
    After considering AAR's request, FRA is simplifying the written
notification process in Sec.  234.405(d). Instead of providing written
notice to FRA certifying that State-maintained crossing data was
requested at least 60 days earlier and has not yet been received, a
primary operating railroad can send a copy of its written request for
State-maintained crossing data to FRA and to each operating railroad
that operates through the crossing. As long as the primary operating
railroad submits the State-maintained crossing data within 60 days of
receipt, FRA will consider the written request for State-maintained
crossing data to be an affirmative defense to potential liability for
failure to timely submit an Inventory Form (or its electronic
equivalent) to the Crossing Inventory for a previously unreported
public highway-rail grade crossing.

Deadline for the Submission of Crossing Data for Previously Unreported
Highway-Rail and Pathway Crossings

    Paragraphs (a)(3) and (b) of Sec.  234.405 of the final rule
provide a deadline of March 7, 2016, for operating railroads and
primary operating railroads to submit the required Inventory Forms, or
their electronic equivalent, for previously unreported highway-rail and
pathway crossings. AAR requests that FRA extend the deadline to three
years from the final rule's effective date (i.e., until March 9, 2018).
AAR asserts this additional time will allow railroads to hire and train
additional staff to physically locate and inspect tens of thousands of
previously unreported private crossings. AAR also asserts that
railroads need this additional time to add newly acquired information
to the Crossing Inventory and to modify their IT systems to meet the
new requirements.
    After careful consideration, FRA is not adopting AAR's request to
extend the reporting deadline for new and previously unreported
highway-rail and pathway crossings to three years from the final rule's
effective date. However, FRA acknowledges that railroads may need
additional time to incorporate the changes that FRA is making in this
amendment to the final rule as a result of AAR's Petition. Therefore,
FRA is revising Sec.  234.405(a)(3) to extend the deadline for primary
operating railroads to submit crossing data to the Crossing Inventory
for previously unreported highway-rail and pathway crossings to August
9, 2016. Consistent with this extension of time, FRA is also extending
the deadline for operating railroads that operate on separate tracks to
submit crossing data to the Crossing Inventory to August 9, 2016. FRA
is not adjusting any other deadlines in Sec.  234.405(a) and (b).

Duty of Operating Railroads To Ensure New and Previously Unreported
Highway-Rail and Pathway Crossings Are Reported to the Crossing
Inventory

    Paragraph (c) of Sec.  234.405 requires operating railroads
(railroads other than the primary operating railroad that operate
through a crossing) to notify FRA if a primary operating railroad has
not submitted a completed Inventory Form, or its electronic equivalent,
to the Crossing Inventory consistent with the rule for a new or
previously unreported crossing the railroad operates through. AAR
requests that FRA amend this requirement (along with the corresponding
requirement in Sec.  234.407(c) related to new crossings) so operating
railroads will not be liable for a primary operating railroad's failure
to submit the required crossing data. AAR asserts this provision
imposes a significant burden on operating railroads and constitutes an
inappropriate shift of regulatory compliance policing responsibility to
a private business. AAR asserts that the final rule requires operating
railroads to include and validate data for other railroads' crossings
in their databases on an ongoing basis to ensure the primary operating
railroad properly submitted required crossing data to the Crossing
Inventory. AAR further asserts it is unrealistic to require railroads
to audit the crossing data of other railroads, in addition to their own
crossing data, all within 14 months.
    After careful consideration of AAR's request, with respect to the
initial reporting of new and previously unreported highway-rail and
pathway crossings, FRA cannot legally adopt AAR's request. Paragraph
(c) of Sec.  234.405 (and paragraph (c) of Sec.  234.407 related to new
crossings) implements the RSIA mandate that each railroad carrier
ensure current information about each previously unreported highway-
rail or pathway crossing is reported to the Crossing Inventory. See 49
U.S.C. 20160(a). Congress left FRA no discretion to ignore this
mandate. Clearly, Congress thought operating railroads that operate
over new and unreported highway-rail and pathway crossings are in the
best position to identify crossings that have not been reported to the
Crossing Inventory.
Section 234.407 Submission of Initial Data to the Crossing Inventory
for new Crossings
    Paragraph (b) of this section of the final rule requires operating
railroads that operate on separate tracks through a new highway-rail or
pathway crossing to submit crossing data to the Crossing Inventory by
March 7, 2016, but erroneously fails to provide a future deadline for
highway-rail and pathway crossings that become operational after the
final rule's effective date. This document corrects this technical
error by amending Sec.  234.407(b) to require operating railroads that
operate on separate tracks through a new highway-rail or pathway
crossing to submit crossing data no later than six months after the
crossing becomes operational or August 9, 2016, whichever occurs later.
    FRA is also making a technical amendment to correct a typographical
error in the second sentence of paragraph (d)(1)(i) of this section in
this final rule. The original version of this sentence in the final
rule contained an erroneous reference to Sec.  234.405(a)(3).

Assignment of Inventory Numbers to New Crossings Located in a Private
Company, Port, or Dock Area

    Paragraph (a)(1)(ii) of Sec.  234.407 of the final rule requires
each primary operating railroad to assign one or more Inventory Numbers
to new highway-rail and pathway crossings within a private company,
port, or dock area and through which the railroad operates. See
discussion of Sec.  234.405 above. AAR requests that FRA amend this
requirement to allow multiple primary operating railroads to assign a
shared Inventory Number to new highway-rail and pathway crossings that
are located within a private company, port, or dock area. AAR asserts
that as drafted, Sec.  234.407(a)(1)(ii) is contrary to current
practice. AAR also asserts that this new requirement could create
reporting confusion if an accident were to occur at a crossing within a
private company, port, or dock area. After careful consideration, FRA
is not adopting AAR's request to modify Sec.  234.407(a)(1)(ii) for the
reasons explained in the Section-by-Section analysis of Sec.
234.405(a)(1)(ii) above.

Submission of Completed Inventory Forms for New Highway-Rail and
Pathway Crossings

    Paragraph (a)(3) of Sec.  234.407 requires primary operating
railroads to submit to the Crossing Inventory ``accurate and complete
[U.S. DOT Crossing] Inventory Forms, or their electronic equivalent,''
for new highway-rail and pathway crossings through which railroads
operate. As discussed in the Section-by-Section Analysis of Sec.
234.405 above, under the heading ``Submission of Completed Inventory
Forms for Previously Unreported Highway-Rail Grade Crossings'', AAR
requests that FRA amend Sec.  234.407(a)(3) to remove the requirement
that primary operating railroads submit ``completed'' Inventory Forms
for new highway-rail and pathway crossings. AAR also objects to the
voluntary process in paragraph (d) of this section which provides that
if a railroad requests data necessary to complete an Inventory Form
from a State agency and that agency does not timely respond, the
railroad may notify FRA in writing of the State's non-responsiveness.
    After careful consideration, FRA is revising Sec.  234.407(a)(3)
consistent with the revisions to Sec.  234.405(a)(3), to clarify that
primary operating railroads must submit ``accurate Inventory Forms, or
their electronic equivalent,'' (as opposed to ``accurate and complete''
Inventory Forms) to the Crossing Inventory for new highway-rail and
pathway crossings through which they operate. The primary operating
railroad must fill out these accurate Inventory Forms consistent with
the Inventory Guide, which requires completion of the entire Inventory
Form only for new public highway-rail grade crossings.

Deadline for the Submission of Crossing Data for New Highway-Rail and
Pathway Crossings

    The final rule provides that ``[e]ach primary operating railroad
shall submit accurate and complete Inventory Forms, or their electronic
equivalent, to the Crossing Inventory for new highway-rail and pathway
crossings through which it operates, no later than six (6) months after
the crossing becomes operational or March 7, 2016, whichever occurs
later.'' 49 CFR 234.407(a)(3). The final rule also provides that
``[f]or each new highway-rail and pathway crossing where operating
railroads operate trains on separate tracks through the crossing, each
operating railroad (other than the primary operating railroad) shall
submit accurate crossing data specified in the Inventory Guide to the
Crossing Inventory no later than March 7, 2016.'' 49 CFR 234.407(b).
    AAR requests that FRA amend Sec.  234.407(a)(3) to establish a
deadline three years from the final rule effective date for operating
railroads and primary operating railroads to submit crossing data for
new highway-rail and pathway crossings to the Crossing Inventory. AAR
asserts that railroads need this additional time to add newly acquired
information to the Inventory and to modify their IT systems to meet the
new requirements. For the reasons explained in the Section-by-Section
analysis of Sec.  234.405(a)(3) above, FRA is not adopting the AAR's
request to extend the reporting deadline for new highway-rail and
pathway crossings to March 9, 2018 (three years from the final rule
effective date). However, with respect to new crossings (highway-rail
and pathway crossings that become operational on or after June 10,
2016), primary operating railroads will have six (6) months from the
date on which the highway-rail or pathway crossing becomes operational
to report the new crossing to the Crossing Inventory, consistent with
Sec.  234.403 and the Inventory Guide. Similarly, operating railroads
that operate on separate tracks through a new highway-rail or pathway
crossing will have six (6) months from the date on which the highway-
rail or pathway crossing becomes operational to submit crossing data to
the Crossing Inventory, consistent with Sec.  234.403 and the Inventory
Guide.

Duty of Operating Railroads To Ensure New Highway-Rail and Pathway
Crossings Are Reported to the Crossing Inventory

    Paragraph (c) of Sec.  234.407 requires operating railroads
(railroads other than the primary operating railroad that operate
through a crossing) to notify FRA if a completed Inventory Form, or its
electronic equivalent, has not been submitted to the Crossing Inventory
consistent with the final rule for a new crossing that the railroad
operates through. Consistent with its request to amend Sec.  234.405(c)
regarding previously unreported crossings, AAR requests that FRA amend
Sec.  234.407(c), so operating railroads will not be held liable for
the primary operating railroad's failure to timely report a new
highway-rail or pathway crossing to the Crossing Inventory. For the
reasons discussed in the Section-by-Section analysis of Sec.
234.405(c), FRA is not adopting AAR's request to amend Sec.
234.407(c).

State-Maintained Crossing Data

    As explained in the Section-by-Section analysis of Sec.
234.405(d), primary operating railroads are required to complete
Inventory Forms (or their electronic equivalent) for new public
highway-rail grade crossings. Therefore, primary operating railroads
may need to obtain crossing data from the State agency responsible for
maintaining highway-rail and pathway crossing data to complete the
Inventory Form (or its electronic equivalent). Like paragraph (d) of
Sec.  234.405, current paragraph (d) of Sec.  234.407 of the final rule
explains how a primary operating railroad may submit written
notification to the FRA Associate Administrator that they requested
certain crossing data from the appropriate State agency responsible for
maintaining highway-rail and pathway crossing data, which the State has
not yet provided. As long as the primary operating railroad submits the
State-maintained crossing data within 60 days of receipt, FRA will
consider a properly filed written notification to be an affirmative
defense to potential violations for failure to timely submit an
Inventory Form (or its electronic equivalent) to the Crossing Inventory
for a new public highway-rail grade crossing.
    FRA is revising the written notification process in Sec.
234.407(d). FRA is no longer asking primary operating railroads to
provide their written notifications by certified mail, return receipt
requested. Instead, a primary operating railroad can send copies of its
request for State-maintained crossing data to the FRA Associate
Administrator and to each operating railroad that operates through the
new public highway-rail grade crossing. As long as the primary
operating railroad: (1) Sends copies of its written request for State-
maintained crossing data to the FRA Associate Administrator and to each
operating railroad that operates through the new public highway-rail
grade crossing no later than six (6) months after the crossing becomes
operational; and (2) submits the State-maintained crossing data within
60 days of receipt, FRA will consider the written request for State-
maintained crossing data to be an affirmative defense to potential
liability for failure to timely submit an Inventory Form (or its
electronic equivalent) to the Crossing Inventory for a new public
highway-rail grade crossing.
Section 234.409 Submission of Periodic Updates to the Crossing
Inventory.
    AAR's Petition states that some primary operating railroads share a
single Inventory Number for highway-rail and pathway crossings located
within a private company, port, or dock

area that have already been reported to the Crossing Inventory. (As
explained in the definition of ``primary operating railroad'' in Sec.
234.401 above, each railroad that owns track leading to a private
company, port, or dock area is considered a primary operating railroad
for the crossings within that area, if a general system railroad
operates over the track owned by that railroad and through at least one
crossing within that private area.)
    Paragraph (a) of Sec.  234.409 requires each primary operating
railroad to submit periodic updates to the Crossing Inventory. To
comply with this requirement, primary operating railroads that
currently share Inventory Numbers for highway-rail and pathway
crossings located within a private company, port, or dock area must
exercise one of two options.
    First, each primary operating railroad that operates through the
crossing(s) may choose to assign a new unique Inventory Number (or set
of Inventory Numbers) to the crossing(s) located within a private
company, port, or dock area through which it operates. Each primary
operating railroad (except the primary operating railroad that assigned
the original Inventory Number to the crossing(s)) would then use its
new Inventory Number(s) to submit crossing data to the Crossing
Inventory as a new crossing record. After the new crossing record is
established, each primary operating railroad can submit periodic
updates to the Crossing Inventory for the highway-rail and pathway
crossing(s) located within a private company, port, or dock area using
the Inventory Number(s) it assigned to the crossing(s).
    Second, FRA will accommodate primary operating railroads that wish
to continue sharing a single Inventory Number which has already been
used to report highway-rail and pathway crossings located within a
private company, port, or dock area to the Crossing Inventory. As
explained in Frequently Asked Question (FAQ) number 37 in Appendix E to
the Inventory Guide, the primary operating railroad of record in the
Crossing Inventory can submit an up-to-date and accurate periodic
update to the Crossing Inventory for all of the railroad-assigned data
fields in Appendix B to the Inventory Guide (``Responsibility Table for
Periodic Updates to the Crossing Inventory''). As part of this update,
the primary operating railroad of record must check the ``Yes'' box in
Part I, item 7 (``Do Other Railroads Operate a Separate Track at
Crossing'') of the Inventory Form (or its electronic equivalent) and
provide railroad codes for all of the other primary operating
railroads.
    The other primary operating railroads that share the Inventory
Number can satisfy the periodic updating requirement in Sec.  234.409
by using the shared Inventory Number to submit up-to-date and accurate
crossing data for the data fields specified in Appendix C to the
Inventory Guide (``Reporting Crossings that have Multiple Operating
Railroads''). This method for submitting periodic updates is identical
to the method operating railroads that operate on separate tracks
through a crossing use, under paragraph (b) of Sec.  234.409.
    This second option is only available for new or previously
unreported highway-rail and pathway crossings located within a private
company, port, or dock area that have already been reported to the
Crossing Inventory and assigned one or more Inventory Numbers that are
shared by multiple primary operating railroads.

Submission of Periodic Updates

    The final rule requires primary operating railroads to submit,
consistent with the Inventory Guide, ``up-to-date and accurate crossing
data'' to the Crossing Inventory for each highway-rail and pathway
crossing through which it operates. Paragraph (a) of Sec.  234.409 of
the final rule requires primary operating railroads to submit updated
data at least every three (3) years from the date of the primary
operating railroad's most recent submission of data (or most recent
submission on behalf of the primary operating railroad) for the
crossing or by March 7, 2016. Paragraph (b) requires operating
railroads that operate trains on separate tracks through a crossing to
similarly update the data required by the Inventory Guide.
    As it did for Sec. Sec.  234.405 and 234.407, AAR requests that FRA
amend the compliance deadlines in paragraphs (a) and (b) of Sec.
234.409 for three years from the final rule's effective date. This
would allow railroads to submit updated crossing data for highway-rail
and pathway grade crossings at least every three (3) years from the
date of the most recent submission of data by that railroad for the
crossing or by March 7, 2018, whichever occurs later.
    Consistent with FRA's responses to AAR's requests to amend the
compliance deadlines in Sec. Sec.  234.405 and 234.407 discussed above,
FRA is not adopting AAR's request to extend the compliance deadlines
for railroads in paragraphs (a) and (b) of Sec.  234.409 by three
years. As with the compliance deadlines in Sec. Sec.  234.405 and
234.407, however, FRA acknowledges that railroads may need additional
time to incorporate the changes that are being made in these amendments
to the final rule being made as a result of AAR's Petition. Therefore,
FRA is revising Sec.  234.409(a) and (b) to extend the deadline for
primary operating railroads and operating railroads to submit updated
crossing data to the Crossing Inventory for highway-rail and pathway
crossings over which they operate to every three (3) years from the
date of the most recent submission of data by the railroad (or on
behalf of the railroad) for the crossing or August 9, 2016, whichever
occurs later.

Duty of Operating Railroads To Ensure Up-to-Date Crossing Data Is
Reported to the Crossing Inventory

    Paragraph (c) of Sec.  234.409 requires operating railroads (other
than primary operating railroads), that operate through a highway-rail
or pathway crossing for which up-to-date information has not been
timely submitted to the Crossing Inventory to notify FRA of this
oversight. Written notification the operating railroad provides must
include, at a minimum, the Inventory Number for each highway-rail or
pathway crossing that has not been updated.
    AAR requests that FRA amend Sec.  234.409(c), so that operating
railroads will not be held liable for the primary operating railroad's
failure to timely submit updated crossing data to the Crossing
Inventory. AAR asserts that this provision imposes a significant burden
on operating railroads, which will need to include and validate data
for other railroads' crossings in their databases on an ongoing basis
to ensure that the primary operating railroad has properly submitted
required crossing data to the Crossing Inventory. AAR further asserts
that this language constitutes an inappropriate shift of regulatory
compliance policing responsibility to a private business and that it is
unrealistic to require railroads to audit the crossing data of other
railroads, in addition to their own crossing data, within 14 months.
    After considering AAR's request, FRA is removing Sec.  234.409(c).
The RSIA requires each railroad carrier to ensure that periodic updates
are submitted to the Crossing Inventory for each highway-rail and
pathway crossing through which it operates. See 49 U.S.C. 20160(b).
However, unlike previously unreported and new crossings that have not
yet been reported to the Crossing Inventory, FRA can use the Grade
Crossing Inventory System (GCIS) to generate reports that identify out-
of-date highway-rail and pathway crossing data.

FRA can use these reports to verify that primary operating railroads
(and any operating railroads that operate on separate tracks through
the crossing) are timely submitting periodic updates to the Crossing
Inventory, as required by Sec.  234.409(a) and (b). Therefore, FRA is
revising the final rule to remove the requirement that operating
railroads monitor the Crossing Inventory and provide the agency written
notification if a primary operating railroad fails to timely submit
updates to the highway-rail and pathway crossing data for which it is
responsible.
Section 234.411 Changes Requiring Submission of Updated Information to
the Crossing Inventory
    Consistent with the extended deadline by which railroads are
required to report new and previously unreported highway-rail and
pathway crossings to the Crossing Inventory, this final rule revises
Sec.  234.411 to clarify the primary operating railroad is required to
report the following events to the Crossing Inventory within three (3)
months, if they occur on or after June 10, 2016: (1) The sale of all or
part of a crossing; (2) the closure of a highway-rail or pathway
crossings; or (3) a change in crossing surface or warning device at a
public highway-rail grade crossing.
    Current paragraph (a) of Sec.  234.411 requires any railroad that
sells all or part of a highway-rail or pathway crossing to report the
crossing sale to the Crossing Inventory within three (3) months of the
date of sale or March 7, 2016, whichever occurs later. However, with
respect to railroads, GCIS is primarily designed to accept crossing
data from the primary operating railroad, unless other operating
railroads operate on separate tracks through the crossing (or the
primary operating railroad delegates reporting and updating
responsibility to another entity). (As stated in the Inventory Guide,
GCIS will accept partial data submissions from other operating
railroads once the primary operating railroad submits an Inventory
Form, or its electronic equivalent, which indicates that one or more
operating railroads operate on separate tracks through the crossing.)
Therefore, FRA is also amending Sec.  234.411(a)(1) to require a
selling railroad that is not the primary operating railroad to notify
the primary operating railroad of the sale of all or part of a highway-
rail or pathway crossing within three (3) months of the date of sale.
    Under new Sec.  234.411(a)(2)(i), if the primary operating railroad
sells all or part of a highway-rail or pathway crossing for which it
has reporting and updating responsibility under this subpart, it would
be required to submit an Inventory Form, or its electronic equivalent,
which reflects the crossing sale to the Crossing Inventory consistent
with Sec.  234.403 and the Inventory Guide within three (3) months of
the date of sale. However, under new Sec.  234.411(a)(2)(ii), if a
primary operating railroad is notified of the sale of all or part of a
highway-rail or pathway crossing under paragraph (a)(1) of this
section, then it would be required to submit an Inventory Form, or its
electronic equivalent, which reflects the crossing sale to the Crossing
Inventory consistent with Sec.  234.403 and the Inventory Guide within
three (3) months of the date of notification.
Section 234.413 Recordkeeping
    This document makes a technical amendment to the heading of this
section to correct a typographical error.
Appendix A to Part 234--Schedule of Civil Penalties
    This document revises the civil penalty schedule in appendix A to
this part to reflect changes that were made to individual sections in
these final rule amendments. FRA is revising the civil penalty schedule
to reflect violations may be assessed under Sec. Sec.  234.405(a) and
234.407(a) if the primary operating railroad fails to timely submit an
accurate Inventory Form (or electronic equivalent) to the Crossing
Inventory for a new or previously unreported crossing. (Previously, the
civil penalty schedule indicated that violations may be assessed under
these sections if the primary operating railroad fails to timely submit
an accurate and complete Inventory Form or the electronic equivalent to
the Crossing Inventory for a new or previously unreported crossing.
However, as discussed above, primary operating railroads are only
required to submit complete Inventory Forms or their electronic
equivalent for public highway-rail grade crossings.) FRA is also
revising the civil penalty schedule to remove the recommended civil
penalty associated with Sec.  234.409(c) because this provision has
been removed.

B. Amendments to Inventory Guide

Instructions for Completing the U.S. DOT Crossing Inventory Form
    FRA is clarifying a statement made in the final rule preamble
discussion of the ``Crossing Type'' data field in Part I of the
Inventory Form. Specifically, in the preamble to the final rule, FRA
stated that it

will defer to the determination of the relevant State agency for the
public/private classification of highway-rail (and pathway)
crossings. Accordingly, we are asking State agencies to submit
voluntary updates to the Crossing Type data field in Part I of the
Inventory Form, as stated in Appendix B to the Inventory Guide.

80 FR at 767. FRA intended to ask State agencies to submit voluntary
updates to the ``Crossing Type'' data field only for public highway-
rail and pathway crossings. Appendix B to the Inventory Guide states
that primary operating railroads are required to submit updates to the
``Crossing Type'' data field for private highway-rail and pathway
crossings.
Appendix E to the Inventory Guide, Frequently Asked Questions (FAQs)

Who Can Report Closed Crossing Status in the Crossing Inventory

    FAQ number 22 in Appendix E to the Inventory Guide states that
``[t]he primary operating railroad must report the closure of a
highway-rail or pathway crossing to the Crossing Inventory, but the
State may also report the closure of a public crossing.'' AAR requests
that FRA amend this FAQ to state that only railroads can report the
closure of a crossing to the Crossing Inventory. AAR asserts that
allowing dual reporting is problematic because a State may close
crossings in the Crossing Inventory on the basis of inaccurate
information and without informing the operating railroad, which causes
railroads to incur additional research and effort to address and
resolve the discrepancy.
    FRA declines to adopt AAR's recommendation to modify FAQ number 22
in Appendix E to the Inventory Guide. While the primary operating
railroad is the only entity that can report the closure of a private
highway-rail or pathway crossing to the Inventory, both railroads and
States collect and maintain data related to public highway-rail and
pathway crossings. Both entities have an interest in ensuring that the
Crossing Inventory reflects up-to-date and accurate data related to
crossing status. By allowing States to report the closure of public
highway-rail and pathway crossings to the Crossing Inventory, States
can provide needed updates to crossing status in the event that the
primary operating railroad ceases to operate.

Reporting Crossing Sales That Result in a New Primary Operating
Railroad

    FRA is revising FAQ number 24 in Appendix E to the Inventory Guide
to incorporate an FRA recommendation when railroads report crossing
sales that result in a new primary operating

railroad. As stated in revised FAQ number 24, if the sale of a highway-
rail or pathway crossing results in a new primary operating railroad,
FRA strongly recommends that the new primary operating railroad submit
updated crossing data to the Crossing Inventory for all of the
railroad-assigned data fields on the Inventory Form (or its electronic
equivalent) within six (6) months of the date of sale.

III. Regulatory Impact and Notices

A. Executive Order 12866 and 13563 and DOT Regulatory Policies and
Procedures

    FRA analyzed the potential costs and benefits of the amendments to
the final rule adopted in this document. FRA estimates that the
amendments will not materially impact the findings of the previously
published regulatory evaluation. The extension of time for compliance
with changes that are being made in these final rule amendments will
grant some relief to railroads. However, the twenty-year analysis is
still valid.
    FRA evaluated both the final rule and these amendments under
existing policies and procedures and determined both to be non-
significant under both Executive Order 12866 and 13563 and DOT policies
and procedures. See 44 FR 11034, Feb. 26, 1979. FRA previously placed
in the docket a regulatory evaluation addressing the economic impact of
the final rule. The primary purpose of the Crossing Inventory is to
provide a uniform inventory database that can be merged with highway-
rail crossing collision files and used to analyze information for
planning and implementation of crossing improvement programs by public
and private agencies responsible for highway-rail crossing safety, as
well as the railroad industry and academia.
    FRA has determined these amendments to the final rule do not change
FRA's position that the anticipated benefits justify the costs.

B. Regulatory Flexibility Act and Executive Order 13272

    To ensure the impact of this rulemaking on small entities is
properly considered, FRA developed these final rule amendments
consistent with Executive Order 13272 (``Proper Consideration of Small
Entities in Agency Rulemaking'') and DOT's procedures and policies to
promote compliance with the Regulatory Flexibility Act of 1980 (5
U.S.C. 601 et seq.).
    The Regulatory Flexibility Act requires an agency to review
regulations to assess their impact on small entities. FRA certified
that this final rule will not have a significant economic impact on a
substantial number of small entities. Although a substantial number of
small railroads will be affected by the final rule, none of these
entities will be significantly impacted. The amendments to this final
rule will grant some relief to small entities by granting them
additional time to comply with changes that are being made in these the
final rule amendments. However, the amendments to the final rule will
not change the overall impact on small entities. Therefore, FRA is
confident that its previous certification for the final rule is still
valid.

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.'' ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, the agency
may not issue a regulation with federalism implications that imposes
substantial direct compliance costs and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, or the agency consults with State and local government
officials early in the process of developing the regulation. Where a
regulation has federalism implications and preempts State law, the
agency seeks to consult with State and local officials in the process
of developing the regulation.
    FRA analyzed this amended final rule in accordance with the
principles and criteria contained in Executive Order 13132. Based on
this analysis, FRA concluded that this rule will not have a substantial
effect on the States or their political subdivisions; it will not
impose any compliance costs; and it will not affect the relationships
between the Federal government and the States or their political
subdivisions, or the distribution of power and responsibilities among
the various levels of government. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply and FRA
determined that preparation of a federalism summary impact statement
for this amended final rule is not required. This amended final rule
could have preemptive effect by operation of law under a provision of
the former Federal Railroad Safety Act of 1970 (repealed and recodified
at 49 U.S.C. 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 (with respect to railroad
safety matters) or the Secretary of Homeland Security (with respect to
railroad security matters), except when the State law, regulation, or
order qualifies under the ``essentially local safety or security
hazard'' exception to sec. 20106.

D. Paperwork Reduction Act

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

----------------------------------------------------------------------------------------------------------------
                                                         Total annual      Average time per      Total annual
          CFR Section            Respondent universe       responses           response          burden hours
----------------------------------------------------------------------------------------------------------------
234.403(a-c)--Submission of      51 States/entities   4,212 forms.......  30 minutes........  2,106 hours
 Data to the U.S. DOT Highway-    & 618 railroads.
 Rail Crossing Inventory:
 Completion of Inventory Form.
--Mass Update Lists of           51 States/entities   257 lists.........  30 minutes........  129 hours
 Designated Data Submitted by     & 618 railroads.
 Railroads/States.
--Excel Lists of Submitted Data  51 States/entities   1,234 lists.......  30 minutes........  617 hours
                                  & 618 railroads.

--Changes/Corrections to         51 States/entities   35,845 records....  6 minutes.........  3,585 hours
 Crossing Inventory Data          & 618 railroads.
 Submitted via GX 32 Computer
 Program.
--Written Requests by States/    51 States/entities   10 requests.......  15 minutes........  3 hours
 Railroads for FRA Crossing       & 618 railroads.
 Inventory Guide.
(d)--Reporting Crossing          51 States/entities   20 notices........  30 minutes........  10 hours
 Inventory Data by State          & 618 railroads.
 Agencies on Behalf of
 Railroads: Written Notices to
 FRA.
--(e)(1)--Consolidated           51 States/entities   250 notices.......  30 minutes........  125 hours
 Reporting by Parent              & 618 railroads.
 Corporation on Behalf of Its
 Subsidiary Railroads: Written
 Notice to FRA.
--(e)(2)--Immediate              51 States/entities   75 notices........  30 minutes........  38 hours
 Notification to FRA by Parent    & 618 railroads.
 Corporation of Any Changes in
 the List of Subsidiary
 Railroads for Which It Reports.
----------------------------------------------------------------------------------------------------------------
234.405(a)(1)--Initial           51 States/entities   5,300 assigned      5 minutes +.......  1,325 hours
 Submission of Previously         & 618 railroads.     numbers + 10,600   5 minutes.........
 Unreported Highway-Rail and                           provided assigned
 Pathway Crossings through                             numbers.
 which They Operate by Primary
 Operating Railroads: Providing
 Assigned Crossing Inventory
 Number to Each Railroad that
 Operates One or More Trains
 Through Crossing + Assignee
 Inventory Numbers for Highway-
 Rail and Pathway Crossing
 Located in Rail Yard,
 Passenger Station, within
 Private Company, Port, or Dock
 Area.
(a)(2)(i)--Completed Inventory   51 States/entities   5,300 forms.......  30 minutes........  2,650 hours
 Forms for Each Previously        & 618 railroads.
 Unreported Crossing.
(c)--Duty of All Operating       51 States/entities   450 notices/        30 minutes........  225 hours
 Railroads: Notification to FRA   & 618 railroads.     Notifications.
 of Previously Unreported
 Crossing through Which It
 Operates.
(d)--State-maintained Crossing   51 States/entities   35 copies of        2 minutes.........  1 hour
 Data: Written Copy of Request    & 618 railroads.     written request.
 for Such Data to FRA (Revised
 Requirement).
--Copies of Written Request for  51 States/entities   105 copies of       2 minutes.........  4 hours
 State-maintained Data to Each    & 618 railroads.     written request.
 Operating Railroad Transiting
 Crossing (Revised Requirement).
----------------------------------------------------------------------------------------------------------------
234.407(a)--Submission of        51 States/entities   100 assigned        5 minutes + 5       16 hours
 Initial Data to the Crossing     & 618 railroads.     numbers + 100       minutes.
 Inventory for New Crossings:                          provided assigned
 Providing Assigned Inventory                          numbers.
 Numbers for New Highway-Rail
 and Pathway Crossings through
 which They Operate by Primary
 Operating Railroads to Each
 Railroad that Operates One or
 More Trains Through the
 Crossing.
(a)(2)(i)--Completed Inventory   51 States/entities   100 forms.........  90 minutes........  150 hours
 Forms for Each New Highway-      & 618 railroads.
 Rail and Pathway Crossing.
----------------------------------------------------------------------------------------------------------------
234.409(a)--Submission of        51 States/entities   80,775 crossing     2.5025 minutes....  3,369 hours
 Periodic Updates to the          & 618 railroads.     inventory updates.
 Crossing Inventory.
(c) Duty of All Operating        51 States/entities   950 written         20 minutes........  317 hours
 Railroads: Written               & 618 railroads.     notices.
 Notification to FRA of that Up-
 to-date and Accurate
 Information has Not Been
 Timely Submitted to the
 Crossing Inventory.
----------------------------------------------------------------------------------------------------------------
234.411(a)--Crossing Sale:       51 States/entities   650 reports/        2 hours...........  1,300 hours
 Submission of Crossing           & 618 railroads.     updated crossing
 Inventory Form by Any                                 inventory form.
 Operating Railroad that Sells
 All or Part of Highway-Rail
 and Pathway Crossing.
(b)--Crossing Closure:           51 States/entities   85 crossing         5 minutes.........  7 hours
 Submission of Crossing           & 618 railroads.     inventory forms
 Inventory Form by Primary                             (closures).
 Operating Railroad that Closes
 Highway-Rail and Pathway
 Crossing.

(c)--Primary Operating RR        51 States/entities   650 forms.........  30 minutes........  325 hours
 Submission of Inventory form     & 618 railroads.
 for Any Surface/Warning Device
 Changes at Crossing.
----------------------------------------------------------------------------------------------------------------
234.413(a&b)(1)--Recordkeeping:  51 States/entities   5,901 duplicate     1 minute..........  98 hours
 Duplicate Copy of Each           & 618 railroads.     copies.
 Inventory Form Submitted in
 Hard Copy.
(a&b)(2)--Railroad Copy of FRA   51 States/entities   80,775 copies.....  1 minute..........  1,346 hours
 Confirmation after Electronic    & 618 railroads.
 Submission of Crossing Data to
 the Crossing Inventory.
(c)--Railroad List of            51 States/entities   618 lists.........  5 minutes.........  52 hours
 Establishment Locations Where    & 618 railroads.
 Any Required Records are Kept.
----------------------------------------------------------------------------------------------------------------

    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 OMB at the following address:
<EMAIL_ADDRESS>    OMB is required to make a decision concerning the collection of
information requirements contained in this amended 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 on the effective date of this amended final rule. The
OMB control number, when assigned, will be announced by separate notice
in the Federal Register.

E. Environmental Impact

    FRA has evaluated this rule under its ``Procedures for Considering
Environmental Impacts'' (FRA's Procedures) (64 FR 28545, May 26, 1999)
as required by the National Environmental Policy Act (42 U.S.C. 4321 et
seq.), other environmental statutes, Executive Orders, and related
regulatory requirements. FRA has determined that this amended 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.
    Under section 4(c) and (e) of FRA's Procedures, the agency has
further concluded that no extraordinary circumstances exist with
respect to this regulation that might trigger the need for a more
detailed environmental review. As a result, FRA finds that this amended
final rule is not a major Federal action significantly affecting the
quality of the human environment.

F. 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 that before promulgating any general notice of
proposed rulemaking that is likely to result in the promulgation of any
rule that includes any Federal mandate that may result in expenditure
by State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year, and before promulgating any final rule for
which a general notice of proposed rulemaking was published, the agency
shall prepare a written statement detailing the effect on State, local,
and tribal governments and the private sector. This amended final rule
will not result in the expenditure, in the aggregate, of $155,000,000
or more (as adjusted annually for inflation) in any one year, and thus
preparation of such a statement is not required.

G. Energy Impact

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

H. Trade Impact

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

the TAA. The requirements imposed are safety standards which, as noted,
are not considered unnecessary obstacles to trade.

I. Privacy Act

    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477). Under 5 U.S.C. 553(c), DOT solicits comments from
the public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

List of Subjects in 49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and
recordkeeping requirements, State and local governments.

    For the reasons discussed in the preamble, FRA amends part 234 of
chapter II, subtitle B of title 49, Code of Federal Regulations as
follows:

PART 234--[AMENDED]

0
1. The authority citation for part 234 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304,
21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202, 28 U.S.C.
2461, note; and 49 CFR 1.89.

0
2. Section 234.401 is amended by adding definitions of ``General
railroad system of transportation'' and ``General system railroad'' in
alphabetical order and revising the definition of ``Primary operating
railroad'' to read as follows:

Sec.  234.401  Definitions.

* * * * *
    General railroad system of transportation means the network of
standard gage track over which goods may be transported throughout the
nation and passengers may travel between cities and within metropolitan
and suburban areas.
    General system railroad means a railroad that operates on track
which is part of the general railroad system of transportation.
* * * * *
    Primary operating railroad means the operating railroad that either
owns or maintains the track through the highway-rail or pathway
crossing, unless the crossing is located within a private company,
port, or dock area. If more than one operating railroad either owns or
maintains the track through the highway-rail or pathway crossing, or if
no operating railroad owns or maintains the track through the highway-
rail or pathway crossing, then the operating railroad that operates the
highest number of trains through the crossing is the primary operating
railroad. In the event that there is only one operating railroad that
operates one or more trains through a highway-rail or pathway crossing,
that operating railroad is the primary operating railroad. For highway-
rail and pathway crossings that are located within a private company,
port, or dock area (``private area''), each railroad that owns track
leading to the private company, port, or dock area will be considered a
primary operating railroad for all crossings within the private area if
a general system railroad operates over the railroad's track leading to
the private area and through at least one crossing within that area.
* * * * *

0
3. Revise Sec.  234.403(e) to read as follows:

Sec.  234.403  Submission of data to the Crossing Inventory, generally.

* * * * *
    (e) Reporting by the parent corporation on behalf of subsidiary
railroads. (1) To satisfy the reporting requirements of this section, a
parent corporation may submit crossing data to the Crossing Inventory
on behalf of one or more of its subsidiary railroads. The parent
corporation shall provide written notice to the FRA Associate
Administrator that it has assumed reporting and updating responsibility
for all of the subsidiary railroad's highway-rail and pathway
crossings. The written notification shall include the following:
    (i) A list of all subsidiary railroads for which the parent
corporation will submit and update highway-rail and pathway crossing
data;
    (ii) A statement signed by an official of the parent corporation
affirming that the parent corporation agrees to submit and update all
of the highway-rail and pathway crossing data for the named subsidiary
railroad(s); and
    (iii) A statement that the parent corporation agrees to be subject
to enforcement action for noncompliance with the reporting or updating
requirements of this subpart.
    (2) The parent corporation shall provide immediate written
notification to the FRA Associate Administrator of any change in the
list of subsidiary operating railroads for which it has assumed
reporting and updating responsibility.
    (3) The parent corporation shall submit the data required by
paragraph (a) of this section to the Crossing Inventory electronically.

0
4. In Sec.  234.405, revise paragraphs (a)(1) and (3), (b), and (d) to
read as follows:

Sec.  234.405  Submission of initial data to the Crossing Inventory for
previously unreported crossings.

    (a) Duty of primary operating railroad. (1)(i) With the exception
of highway-rail and pathway crossings located in a railroad yard,
passenger station, or within a private company, port, or dock area,
each primary operating railroad shall assign an Inventory Number to
each previously unreported highway-rail and pathway crossing through
which it operates.
    (ii) A primary operating railroad shall assign one or more
Inventory Numbers to previously unreported highway-rail and pathway
crossings through which it operates, which are located in a railroad
yard, passenger station, or within a private company, port, or dock
area.
* * * * *
    (3) Each primary operating railroad shall submit accurate Inventory
Forms, or their electronic equivalent, to the Crossing Inventory for
the previously unreported highway-rail and pathway crossings through
which it operates, no later than August 9, 2016. The Inventory Form, or
its electronic equivalent, shall reference the assigned Inventory
Number for the crossing(s) and shall be completed and submitted
consistent with Sec.  234.403 and the Inventory Guide.
    (b) Duty of operating railroad when operating railroads operate on
separate tracks. For each previously unreported highway-rail and
pathway crossing where operating railroads operate trains on separate
tracks through the crossing, each operating railroad (other than the
primary operating railroad) shall submit accurate crossing data
specified in the Inventory Guide to the Crossing Inventory no later
than August 9, 2016. The Inventory Form, or its electronic equivalent,
which contains this crossing data shall reference the Inventory Number
assigned to the crossing by the primary operating railroad and shall be
completed and submitted in accordance with Sec.  234.403.
* * * * *
    (d) State-maintained crossing data. If a primary operating railroad
requests

State-maintained crossing data from the appropriate State agency
responsible for maintaining highway-rail and pathway crossing data, the
primary operating railroad may send a copy of its written request for
State-maintained crossing data to the FRA Associate Administrator and
to each operating railroad that operates through the crossing. FRA will
consider the written request to be an affirmative defense to potential
liability for failure to timely submit an accurate Inventory Form, or
its electronic equivalent, as required by paragraph (a)(3) of this
section if the primary operating railroad:
    (1) Provides a copy of its written request for State-maintained
crossing data to the FRA Associate Administrator and to each operating
railroad that operates through the crossing; and
    (2) Submits the requested State-maintained crossing data to the
Crossing Inventory within 60 days of receipt.

0
5. In Sec.  234.407, revise paragraphs (a)(3), (b) and (d) to read as
follows:

Sec.  234.407  Submission of initial data to the Crossing Inventory for
new crossings.

    (a) * * *
    (3) Each primary operating railroad shall submit accurate Inventory
Forms, or their electronic equivalent, to the Crossing Inventory for
new highway-rail and pathway crossings through which it operates, no
later than six (6) months after the crossing becomes operational. The
Inventory Form, or its electronic equivalent, shall reference the
assigned Inventory Number for the crossing(s) and shall be completed
and submitted in accordance with Sec.  234.403.
    (b) Duty of Operating Railroad when operating railroads operate on
separate tracks. For each new highway-rail and pathway crossing where
operating railroads operate trains on separate tracks through the
crossing, each operating railroad shall submit accurate crossing data
specified in the Inventory Guide to the Crossing Inventory no later
than six (6) months after the crossing becomes operational. The
Inventory Form, or its electronic equivalent, which contains this
crossing data shall reference the Inventory Number assigned to the
crossing by the primary operating railroad and shall be completed and
submitted consistent with Sec.  234.403 and the Inventory Guide.
* * * * *
    (d) State-maintained crossing data. If a primary operating railroad
requests State-maintained crossing data from the appropriate State
agency responsible for maintaining highway-rail and pathway crossing
data, the primary operating railroad may send a copy of its written
request for State-maintained crossing data to the FRA Associate
Administrator and to each operating railroad that operates through the
crossing. FRA will consider the written request to be an affirmative
defense to potential liability for failure to timely submit an accurate
Inventory Form, or its electronic equivalent, as required by paragraph
(a)(3) of this section if the primary operating railroad:
    (1) Provides a copy of its written request for State-maintained
crossing data to the FRA Associate Administrator and to each operating
railroad that operates through the crossing no later than six (6)
months after the crossing becomes operational; and
    (2) Submits the requested State-maintained crossing data to the
Crossing Inventory within 60 days of receipt.

0
6. Revise Sec.  234.409 to read as follows:

Sec.  234.409  Submission of periodic updates to the Crossing
Inventory.

    (a) Duty of primary operating railroad. Each primary operating
railroad shall submit up-to-date and accurate crossing data to the
Crossing Inventory for each highway-rail and pathway crossing (except
for a grade-separated or closed highway-rail or pathway crossing)
through which it operates, consistent with the Inventory Guide. Updated
crossing data shall be submitted to the Crossing Inventory at least
every three (3) years from the date of the most recent submission of
data by the primary operating railroad (or on behalf of the primary
operating railroad) for the crossing or August 9, 2016, whichever
occurs later. For hard-copy submissions to Crossing Inventory, this
three-year period shall be measured from mailing date of the most
recent submission of data by the primary operating railroad (or on
behalf of the primary operating railroad).
    (b) Duty of operating railroad when operating railroads operate on
separate tracks. For each highway-rail and pathway crossing where
operating railroads operate trains on separate tracks through the
crossing, each operating railroad shall submit up-to-date and accurate
crossing data for certain specified data fields on the Inventory Form,
or its electronic equivalent, to the Crossing Inventory at least every
three (3) years from the date of the most recent submission of data by
that operating railroad (or on behalf of that operating railroad) for
the crossing or August 9, 2016, whichever occurs later. For hard-copy
submissions to Crossing Inventory, this three-year period shall be
measured from mailing date of the most recent submission of data by the
operating railroad (or on behalf of the operating railroad). The
Inventory Form, or its electronic equivalent, shall be completed and
submitted consistent with Sec.  234.403 and the Inventory Guide.

0
7. Revise Sec.  234.411 to read as follows:

Sec.  234.411  Changes requiring submission of updated information to
the Crossing Inventory.

    (a) Crossing sale. (1) If a railroad that is not a primary
operating railroad sells all or part of a highway-rail or pathway
crossing on or after June 10, 2016, it shall report the crossing sale
to the primary operating railroad within three (3) months of the date
of sale.
    (2) If the primary operating railroad:
    (i) Sells all or part of a highway-rail or pathway crossing on or
after June 10, 2016 for which it has reporting and updating
responsibility under this subpart; or
    (ii) Is notified of the sale of all or part of a highway-rail or
pathway crossing on or after June 10, 2016 under paragraph (a)(1) of
this section, then the primary operating railroad shall submit an
Inventory Form, or its electronic equivalent, which reflects the
crossing sale to the Crossing Inventory consistent with Sec.  234.403
and the Inventory Guide within three (3) months of the date of sale or
three months of notification, respectively.
    (b) Crossing closure. The primary operating railroad shall report
the closure of any highway-rail or pathway crossing that occurs on or
after June 10, 2016 to the Crossing Inventory within three (3) months
of the date on which the crossing is closed. The primary operating
railroad shall submit an Inventory Form, or its electronic equivalent,
that reflects closure of the crossing to the Crossing Inventory
consistent with Sec.  234.403 and the Inventory Guide.
    (c) Changes in crossing characteristics. (1) The primary operating
railroad shall report any change in crossing surface or change in
warning device at a public highway-rail grade crossing that occurs on
or after June 10, 2016 to the Crossing Inventory within three (3)
months of the date of the change. The primary operating railroad shall
submit an Inventory Form, or its electronic equivalent, that reflects
up-to-date and accurate crossing data for the crossing (including the
change in crossing surface or change in warning device) to the Crossing
Inventory consistent with Sec.  234.403 and the Inventory Guide.
    (2) For purposes of this subpart, a ``change in warning device''
means the addition or removal of a crossbuck, yield or stop sign,
flashing lights, or gates at a public highway-rail grade

crossing. The installation of a crossbuck, yield or stop sign, flashing
lights, or gates that will be in place for less than six months does
not constitute a ``change in warning device'' for purposes of this
subpart.

0
8. The heading of Sec.  234.413 is revised to read as follows:

Sec.  234.413  Recordkeeping.

* * * * *

0
9. In Appendix A to Part 234, place the entry for subpart F in
alphabetical order, and revise the entries under subpart F to read as
follows:

         Appendix A to Part 234--Schedule of Civil Penalties \1\
------------------------------------------------------------------------
                                                              Willful
                 Section                     Violation       violation
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
    Subpart F--Highway-Rail and Pathway Crossing Inventory Reporting
------------------------------------------------------------------------
Sec.   234.403 Submission of data to the
 Crossing Inventory:
    (b) Failure to complete Inventory             $1,000          $2,000
     Form (or electronic equivalent) in
     accordance with the Inventory Guide
    (c) Class I railroad failure to                1,000           2,000
     submit crossing data to the
     Crossing Inventory electronically..
Sec.   234.405 Submission of initial
 data to the Crossing Inventory for
 previously unreported crossings
    (a) Primary operating railroad                 2,500           5,000
     failure to timely submit an
     accurate Inventory Form (or
     electronic equivalent) to the
     Crossing Inventory for previously
     unreported crossing................
    (b) Operating railroad failure to              2,500           5,000
     timely submit accurate partial
     crossing data to the Crossing
     Inventory for previously unreported
     crossing...........................
    (c) Operating railroad failure to              1,000           2,000
     provide written notification to FRA
     that the primary operating railroad
     failed to timely report previously
     unreported crossing................
Sec.   234.407 Submission of initial
 data to the Crossing Inventory for new
 crossings:
    (a) Primary operating railroad                 2,500           5,000
     failure to timely submit an
     accurate Inventory Form (or
     electronic equivalent) to the
     Crossing Inventory for new crossing
    (b) Operating railroad failure to              2,500           5,000
     timely submit accurate partial
     crossing data to the Crossing
     Inventory for new crossing.........
    (c) Operating railroad failure to              1,000           2,000
     provide written notification to FRA
     that the primary operating railroad
     failed to timely report new
     crossing...........................
Sec.   234.409 Submission of periodic
 updates to the Crossing Inventory:
    (a) Primary operating railroad                 2,500           5,000
     failure to timely submit up-to-date
     and accurate crossing data to the
     Crossing Inventory for highway-rail
     or pathway crossing................
    (b) Operating railroad failure to              2,500           5,000
     timely submit up-to-date and
     accurate partial crossing data to
     the Crossing Inventory for highway-
     rail or pathway crossing...........
Sec.   234.411 Changes requiring
 submission of updated information to
 the Crossing Inventory:
    (a) Failure to timely report                   2,500           5,000
     crossing sale to the Crossing
     Inventory..........................
    (b) Primary operating railroad                 2,500           5,000
     failure to timely report crossing
     closure to the Crossing Inventory..
    (c) Primary operating railroad                 2,500           5,000
     failure to timely submit up-to-date
     and accurate crossing data to the
     Crossing Inventory after change in
     crossing characteristics...........
Sec.   234.413 Recordkeeping............           1,000           2,000
Sec.   234.415 Electronic Recordkeeping.           1,000           2,000
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
  violation. The Administrator reserves the right to assess a penalty of
  up to $105,000 for any violation where circumstances warrant. See 49
  CFR part 209, appendix A. To facilitate the assessment of penalty
  amounts, the specific types of violations of a given section are
  sometimes designated by the paragraph of the section (e.g., ``(a)'')
  and a code not corresponding to the legal citation for the violation
  (e.g., ``(1)''), so that the complete citation in the penalty schedule
  is e.g., ``(a)(1).'' FRA reserves the right to revise the citation of
  the violation in the Summary of Alleged Violations issued by FRA in
  the event of litigation.

    Issued in Washington, DC, on May 20, 2016, under the authority
set forth in 49 CFR 1.89(b).
Sarah E. Feinberg,
Administrator.
[FR Doc. 2016-13516 Filed 6-9-16; 8:45 am]
 BILLING CODE 4910-06-P