1232NJ to 117R                                                               Total
                               Year                                 111NJ to 117R  %   111J to 117R  %          %         1232J to 117R  %   111NJ to 117  %   111J to 117  %   effectiveness  %
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1.................................................................              0.00              0.00              0.00              0.00              0.74              0.24              0.98
2.................................................................              0.00              0.00              0.00              0.00              1.24              0.40              1.64
3.................................................................              0.00              0.00              0.00              0.00              1.63              0.53              2.16
4.................................................................              0.00              0.00              0.00              0.00              1.83              0.59              2.42
5.................................................................              0.00              0.00              0.00              0.00              2.07              0.67              2.74
6.................................................................              0.00              0.00              0.00              0.00              2.38              0.77              3.14
7.................................................................              0.00              0.00              0.00              0.00              2.55              0.82              3.38
8.................................................................              0.00              0.00              0.00              0.00              2.86              0.92              3.77
9.................................................................              0.00              0.00              0.00              0.00              3.47              1.12              4.59
10................................................................              4.19              1.30              0.47              0.01              4.19              1.35             11.51
11................................................................              8.38              2.60              0.93              0.02              4.75              1.53             18.21
12................................................................             12.56              3.91              1.40              0.03              5.17              1.67             24.74
13................................................................             16.75              5.21              1.87              0.04              5.56              1.79             31.22
14................................................................             20.94              6.51              2.33              0.05              8.94              2.88             41.66
15................................................................             20.94              6.51              2.33              0.05              8.94              2.88             41.66
16................................................................             20.94              6.51              2.33              0.05              8.94              2.88             41.66
17................................................................             20.94              6.51              2.33              0.05              8.94              2.88             41.66
18................................................................             20.94              6.51              2.33              0.05              8.94              2.88             41.66
19................................................................             20.94              6.51              2.33              0.05              8.94              2.88             41.66
20................................................................             20.94              6.51              2.33              0.05              8.94              2.88             41.66
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Some values may not total due to rounding.

    The overall effectiveness rate for upgrading the OFL fleet is
higher than that estimated for the crude and ethanol fleet. CPC-1232s
make up a smaller portion of the OFL fleet than the crude and ethanol
fleet and upgrading legacy DOT-111s produces a greater estimated
reduction in the quantity of product released than the more marginal
improvements to CPC-1232 cars. However, the retrofit schedule for the
OFL fleet is less aggressive than the schedule for the crude and
ethanol fleet, and the quantity of product released in these incidents
is likely to be much smaller than is typical of crude and ethanol
incidents. In the table below, the overall effectiveness rate for
upgrading the OFL fleet is multiplied by the expected release quantity
per year to obtain a yearly reduction in OFL material released.

                                  Table 22--Predicted Prevented Spill Volume *
----------------------------------------------------------------------------------------------------------------
                                                                                Reduction in
                  Year                        Number of          Gallons        Effectiveness        gallons
                                               events           released                           released **
----------------------------------------------------------------------------------------------------------------
1.......................................               5.4            37,946              0.98               371
2.......................................               5.4            37,946              1.64               624
3.......................................               5.4            37,946              2.16               819
4.......................................               5.4            37,946              2.42               917
5.......................................               5.4            37,946              2.74             1,041
6.......................................               5.4            37,946              3.14             1,192
7.......................................               5.4            37,946              3.38             1,282

8.......................................               5.4            37,946              3.77             1,432
9.......................................               5.4            37,946              4.59             1,740
10......................................               5.4            37,946             11.51             4,366
11......................................               5.4            37,946             18.21             6,911
12......................................               5.4            37,946             24.74             9,388
13......................................               5.4            37,946             31.22            11,848
14......................................               5.4            37,946             41.66            15,809
15......................................               5.4            37,946             41.66            15,809
16......................................               5.4            37,946             41.66            15,809
17......................................               5.4            37,946             41.66            15,809
18......................................               5.4            37,946             41.66            15,809
19......................................               5.4            37,946             41.66            15,809
20......................................               5.4            37,946             41.66            15,809
----------------------------------------------------------------------------------------------------------------
    Total...............................  ................  ................  ................           152,592
----------------------------------------------------------------------------------------------------------------
* Some values may not total due to rounding.
** These non-monetized estimates are not discounted. OMB and EPA guidelines discuss options for discounting non-
  monetized effects such as environmental damages to convey effects felt farther in the future are worth less in
  today's term than those occurred earlier in time (OMB Circular A-4, 2003, Page 36; and, EPA Guidelines for
  Preparing Economic Analyses, 2000, pages 52-54). The discounted 20-year total would be 56,317 gallons using a
  7 discount rate.

    The effectiveness rates for this rule are expected values, and the
effect of the rule on any one release may vary widely from the average
expected effect. Dividing the total 20-year reduction in gallons
released into the total cost of the rule yields a ``break-even'' cost
or damage per gallon figure of $3,409 (using total 20-year costs
discounted at 7 or $520,141,136), meaning on average the monetized
value of avoided damages from the reduction in gallons released from
this rule would need to be about $3,409 per gallon in order for
benefits to equal costs.\38\ For some incidents, the tank car
enhancements may eliminate release of the entire contents of the car.
Also, we note that at least some of the substances affected by these
upgrades pose a much higher immediate risk to human health compared to
crude and ethanol. Reducing the likelihood of release of these
materials would enhance public safety.
---------------------------------------------------------------------------

    \38\ If we use the discounted total 20-year reduction in gallons
released for this calculation (56,317 gallons using a 7 discount
rate), then the rule yields a break-even cost per gallon figure of
about $9,236, meaning that the monetized value of avoided damages
from the reduction in gallons released from this rule would need to
be about $9,236 per gallon in order for benefits to equal costs.
---------------------------------------------------------------------------

7. Conclusion
    The FAST Act instructs the Secretary to make specific regulatory
amendments to the aforementioned tank car design standards and phase-
out schedule codified in the HM-251 final rule. Since the publication
of the FAST Act on December 4, 2015, the text of the HMR differs with
the explicit terms of the statute with respect to phase-out schedules,
thermal protection blankets, and top fittings protections. The
estimated net present value cost of these tank car upgrades is $520
million over 20 years discounted at 7 percent. The implementation of
this final rule ensures that all Class 3 flammable liquids are packaged
in tank cars meeting improved specifications, thus reducing the
likelihood that a train transporting any volume of flammable liquids
will release such liquids should it derail. This final rule also
minimizes the consequences of an incident should one occur by
diminishing the number of tank cars likely to be punctured and the
subsequent release of flammable liquids in a derailment. It is
necessary and in the public interest to clarify the requirements by
rectifying the differences as soon as possible. PHMSA believes that APA
notice and comment is unnecessary as it would provide no benefit to the
public. Further, PHMSA has no discretion in interpreting the statute;
thus public comment would have no impact on the rulemaking. Finally,
with regard to Sections 7304 and 7305, the FAST Act instructs the
Secretary to act quickly to codify the FAST Act language. Section 7306
has no regulatory mandate, but both PHMSA and FRA are committed to
ensuring that the governing regulations align with the FAST Act
requirements.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not impose any regulation that has substantial direct effects on
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. While the final rule could act to preempt
State, local, and Indian tribe requirements by operation of law, PHMSA
is not aware of any such requirements that are substantively different
than what is required by the final rule. Therefore, the consultation
and funding requirements of Executive Order 13132 do not apply.
    The Federal Hazardous Materials Transportation Law, 49 U.S.C. 5101-
5128, contains express preemption provisions (49 U.S.C. 5125) that
preempt inconsistent State, local, and Indian tribe requirements,
including requirements on the following subjects:
    (1) The designation, description, and classification of hazardous
materials;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
    (3) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
    (5) The design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
    This rule addresses items (2) and (5) described above and,
accordingly, State, local, and Indian tribe requirements on

these subjects that do not meet the ``substantively the same'' standard
will be preempted.\39\
---------------------------------------------------------------------------

    \39\ Federal preemption also may exist pursuant to Sec.  20106
of the former Federal Railroad Safety Act of 1970, repealed,
revised, reenacted, and codified at 49 U.S.C. 20106, which provides
that States may not adopt or continue in effect any law, regulation,
or order related to railroad safety or security that covers the
subject matter of a regulation prescribed or order issued by the
Secretary of Transportation (with respect to railroad safety
matters) or the Secretary of Homeland Security (with respect to
railroad security matters), except when the State law, regulation,
or order qualifies under the section's ``essentially local safety or
security hazard.''
---------------------------------------------------------------------------

    Federal Hazardous Materials Transportation Law provides at Sec.
5125(b)(2) that, if DOT issues a regulation concerning any of the
covered subjects, DOT must determine and publish in the Federal
Register the effective date of Federal preemption. The effective date
may not be earlier than the 90th day following the date of issuance of
a final rule and not later than two years after the date of issuance.
The effective date of Federal preemption is November 14, 2016. This
effective date for preemptive effect should not conflict with the
overall effective date for this final rule because the regulation of
hazardous materials transport in commerce generally preempts State and
local requirements. Historically, the States and localities are aware
of this preemptive effect and do not regulate in conflict with Federal
requirements in these situations.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13175 (``Consultation and Coordination
with Indian Tribal Governments''). Executive Order 13175 requires
agencies to assure meaningful and timely input from Indian tribal
government representatives in the development of rules that have tribal
implications. Because this final rule does not have tribal
implications, the funding and consultation requirements of Executive
Order 13175 do not apply.
    PHMSA is committed to tribal outreach and engaging tribal
governments in dialogue. Among other outreach efforts, PHMSA
representatives attended the National Joint Tribal Emergency Management
Conference on August 11-14, 2015. In the spirit of Executive Order
13175 and consistent with DOT Order 5301.1, PHMSA will be continuing
outreach to tribal officials independent of our assessment of the
direct tribal implications.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    Section 603 of the Regulatory Flexibility Act (RFA) requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553 to publish a general notice of proposed rulemaking for any proposed
rule. Similarly, Section 604 of the RFA requires an agency to prepare a
final regulatory flexibility analysis when an agency issues a final
rule under 5 U.S.C. 553 after being required to publish a general
notice of proposed rulemaking. Because the actions taken in this final
rule address congressional mandates that instruct the Secretary to
issue conforming regulatory amendments immediately or soon after the
FAST Act's date of enactment, PHMSA finds that due and timely execution
of agency functions would be impeded by the procedures of public notice
that are normally required by the APA. Therefore, PHMSA finds that
public notice and comment would be contrary to the public interest and
that good cause exists to amend the regulations without such
procedures. As prior notice and comment under 5 U.S.C. 553 are not
required to be provided in this situation, the analyses in 5 U.S.C. 603
and 604 are also not required.

F. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $155
million or more, adjusted for inflation, to either State, local, or
tribal governments, in the aggregate, or to the private sector in any
one year.

G. Paperwork Reduction Act

    There are no new information collection requirements in this final
rule.

H. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document may be used to cross-reference this action with the
Unified Agenda.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
environmental impacts of proposed actions in their decisionmaking. On
May 8, 2015, PHMSA published a final Environmental Assessment (EA) and
Finding of No Significant Impact (FONSI) as part of the HM-251 final
rule (see Section X, Part G). This EA described the following: (1) The
need for the action, (2) the alternatives considered, (3) the
environmental impacts of the alternatives and selected action, and (4)
the agencies consulted. Given that the revisions adopted in the FAST
Act on December 4, 2015 are an expansion of the existing requirements,
PHMSA is incorporating that EA by reference consistent with 40 CFR
1502.21, and updating the alternatives and impacts to discuss the FAST
Act changes.
1. Need for the Action
    As described in detail above, the FAST Act includes the ``Hazardous
Materials Transportation Safety Improvement Act of 2015'' at Sections
7001 through 7311, which instructed the Secretary to make specific
regulatory amendments to existing Federal regulations related to tank
car design standards and the DOT-111 phase-out schedule codified in the
HM-251 final rule. The mandated amendments are non-discretionary, and
this action is a response to those mandates.
    The need for the requirements in this rulemaking is consistent with
that in the HM-251 final rule EA. Specifically, both the HM-251 final
rule and this final rule are designed to lessen the consequences of
train accidents involving the unintentional release of flammable
liquids. The purpose of the regulations for enhanced tank car standards
and operational controls is to prevent releases by keeping flammable
liquids, including crude oil and ethanol, in rail tank cars and to
mitigate the severity of incidents should they occur.
2. Alternatives Considered
    As described in section I.A-D above, PHMSA is updating its EA to
include discussion of FAST Act mandated changes as described in section
I.A through I.D above.
3. Environmental Impacts of Action
    As described in the HM-251 final rule EA, the phasing-out of DOT-
111 tank cars in flammable liquid service will reduce risk of release
because of the improved integrity and safety features of the DOT-117.
The changes in the FAST Act will increase the number of tank cars
needing to be retrofitted (HHFT vs. flammable liquid tank cars),
require thermal protection blanketing on certain

tank cars, and require top fittings and pressure release protections.
The increased number of tank cars needing to be retrofitted will
further reduce risk of release because the improved integrity and
safety features of the DOT-117R will be applied to a wider universe.
    In determining our cost calculations in the HM-251 RIA, PHMSA
assumed that in order to meet the performance standard specified in
Sec.  179.18, each tank car built to meet the DOT-117 and each non-
jacketed tank car retrofitted to meet the DOT-117R would do so using a
thermal protection blanket.\40\ Based on this assumption, only the tank
cars transporting flammable liquids that were outside the scope of the
HHFT definition, which are now subject to the requirements of the FAST
Act, will be impacted by this change. Lastly, all new construction and
retrofitted tank cars will now benefit from top fittings and pressure
relief valve protection. These additional cars will realize the
benefits of improved integrity and safety features. With the addition
of more tank cars to be retrofitted and with enhanced safety features,
this action will further reduce risk of release, and thereby reduce the
potential for adverse environmental effects, beyond the HM-251 final
rule because of the improved integrity and safety features of the DOT-
117.
---------------------------------------------------------------------------

    \40\ See HM-251 Final Rule RIA, p. 172-173.
---------------------------------------------------------------------------

    It should be noted that the FAST Act provisions will result in the
manufacturing of some new tank cars to replace retirements. The FAST
Act will also increase the number of tank cars subject to this retrofit
requirement. Increased manufacture of replacement rail tank cars and
the retrofitting of an increased amount of tank cars could nevertheless
result in greater short-term release of greenhouse gases and use of
resources needed to make the new tank cars or retrofit existing tank
cars.\41\ PHMSA, however, concluded that the possibility of increased
(yet temporary) greenhouse gases and resource use is far outweighed by
the benefits of increased safety and integrity of each railcar and each
train, as well as the decreased risk of release of crude oil and
ethanol to the environment.
---------------------------------------------------------------------------

    \41\ Greenhouse gas emissions from industry primarily come from
burning fossil fuels for energy as well as greenhouse gas emissions
from certain chemical reactions necessary to produce goods from raw
materials. Thus increased tank car manufacturing and replacement
could result in increased greenhouse gases. See https://www3.epa.gov/climatechange/ghgemissions/sources/industry.html.
---------------------------------------------------------------------------

    PHMSA also recognizes that increased weight of a larger population
of affected tank cars due to the requirements in the FAST Act may
result in somewhat greater use of fuel and in turn greater release of
air pollutants, including carbon dioxide.\42\ However, PHMSA notes that
the improved integrity of the tank cars being designed to reduce the
risk of release of flammable liquids to the environment positively
outweighs a relatively small increase in air pollution due to fuel
emissions.
---------------------------------------------------------------------------

    \42\ Greenhouse gas emissions from transportation primarily come
from burning fossil fuel for our cars, trucks, ships, trains, and
planes. See https://www3.epa.gov/climatechange/ghgemissions/sources/transportation.html.
---------------------------------------------------------------------------

4. Agencies Consulted
    PHMSA published the HM-251 final rule in consultation with FRA.
5. Conclusion Finding of No Significant Impact
    Given that the revisions adopted by the FAST Act on December 4,
2015 are an expansion of the existing requirements, PHMSA specifically
focuses on the impacts these changes will have related to the baseline
safety level set by the HM-251 final rule. In the HM-251 final rule EA,
PHMSA concluded:

    The provisions of this rule build on current regulatory
requirements to enhance the transportation safety and security of
shipments of hazardous materials transported by rail, thereby
reducing the risks of release of crude oil and ethanol and
consequent environmental damage. PHMSA has calculated that this
rulemaking will decrease current risk of release of crude oil and
ethanol to the environment. Therefore, PHMSA finds that there are no
significant environmental impacts associated with this final
rule.\43\
---------------------------------------------------------------------------

    \43\ See HM-251 Final Rule, 80 FR at 26743.

    PHMSA finds that this same conclusion applies to this action and
that there are no significant environmental impacts associated with
this final rule.

J. Privacy Act

    Anyone may search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the document (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
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.

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''), agencies must consider whether the impacts associated
with significant variations between domestic and international
regulatory approaches are unnecessary or may impair the ability of
American businesses to export and compete internationally. In meeting
shared challenges involving health, safety, labor, security,
environmental, and other issues, regulatory approaches developed
through international cooperation can provide equivalent protection to
standards developed independently while also minimizing unnecessary
differences.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards
to protect the safety of the American public, and we have assessed the
effects of the proposed rule to ensure that it does not cause
unnecessary obstacles to foreign trade. Accordingly, this rulemaking is
consistent with Executive Order 13609 and PHMSA's obligations under the
Trade Agreement Act, as amended. In addition, the FAST Act revises the
U.S. retrofit schedule to further align with tank car requirements that
Transport Canada has already implemented. This final rule would amend
the HMR to further align with Transport Canada's corresponding
Transportation of Dangerous Goods Regulations. (See 49 U.S.C. 5120(b).)

L. Executive Order 13211

    Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action'' [66
FR 28355; May 22, 2001]. Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) that promulgates, or is expected to
lead to

the promulgation of, a final rule or regulation (including a notice of
inquiry, advance NPRM, and NPRM) that: (1)(i) Is a significant
regulatory action under Executive Order 12866 or any successor order
and (ii) is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action.
    Although this is a significant regulatory action under Executive
Order 12866, PHMSA has evaluated this action in accordance with
Executive Order 13211 and has determined this action will not have a
significant adverse effect on the supply, distribution, or use of
energy. Consequently, PHMSA has determined this regulatory action is
not a ``significant energy action'' within the meaning of Executive
Order 13211.

List of Subjects

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference,
Railroad safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, we amend 49 CFR chapter I as
follows:

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

0
1. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.

0
2. In Sec.  173.241, revise paragraph (a) introductory text and
paragraph (a)(1) to read as follows:

Sec.  173.241   Bulk packagings for certain low hazard liquid and solid
materials.

* * * * *
    (a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 tank car tanks; Class 106 or 110 multi-unit tank car tanks;
and AAR Class 203W, 206W, and 211W tank car tanks. Additional
operational requirements apply to high-hazard flammable trains (see
Sec.  171.8 of this subchapter) as prescribed in Sec.  174.310 of this
subchapter. Except as otherwise provided in this section, DOT
Specification 111 tank cars and DOT Specification 111 tank cars built
to the CPC-1232 industry standard are no longer authorized to transport
Class 3 (flammable) liquids in Packing Group III, unless retrofitted to
the DOT Specification 117R retrofit standards or the DOT Specification
117P performance standards provided in part 179, subpart D of this
subchapter.
    (1) DOT Specification 111 tank cars and DOT Specification 111 tank
cars built to the CPC-1232 industry standard are no longer authorized
to transport Class 3 (flammable liquids) unless retrofitted prior to
the date in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                DOT-111  built to the
               Material                   Jacketed or  non-     DOT-111  not authorized        CPC-1232 not
                                          jacketed  tank car           on or after        authorized on or after
----------------------------------------------------------------------------------------------------------------
Class 3, PG III (flammable liquid)     Non-jacketed...........  May 1, 2029............  May 1, 2029.
 material.
                                       Jacketed...............  May 1, 2029............  May 1, 2029.
----------------------------------------------------------------------------------------------------------------
Note: For unrefined petroleum products (Sec.   173.41) and ethanol, see Sec.  Sec.   173.242 and 173.243 as
  appropriate.

* * * * *

0
3. In Sec.  173.242, revise paragraph (a) introductory text and
paragraph (a)(1) to read as follows:

Sec.  173.242   Bulk packagings for certain medium hazard liquids and
solids, including solids with dual hazards.

* * * * *
    (a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 tank car tanks; Class 106 or 110 multi-unit tank car tanks
and AAR Class 206W tank car tanks. Additional operational requirements
apply to high-hazard flammable trains (see Sec.  171.8 of this
subchapter) as prescribed in Sec.  174.310 of this subchapter. Except
as otherwise provided in this section, DOT Specification 111 tank cars
and DOT Specification 111 tank cars built to the CPC-1232 industry
standard are no longer authorized to transport unrefined petroleum
products, ethanol, and other Class 3 (flammable) liquids in Packing
Group II or III, unless retrofitted to the DOT Specification 117R
retrofit standards, or the DOT Specification 117P performance standards
provided in part 179, subpart D of this subchapter.
    (1) DOT Specification 111 tank cars and DOT Specification 111 tank
cars built to the CPC-1232 industry standard are no longer authorized
for transport of Class 3 flammable liquids unless retrofitted prior to
the dates corresponding to the specific material in the following
table:

----------------------------------------------------------------------------------------------------------------
                                                                                DOT-111  built to the
               Material                   Jacketed or  non-     DOT-111  not authorized        CPC-1232 not
                                          jacketed  tank car           on or after        authorized on or after
----------------------------------------------------------------------------------------------------------------
Unrefined petroleum product..........  Non-jacketed...........  January 1, 2018........  April 1, 2020.
                                       Jacketed...............  March 1, 2018..........  May 1, 2025.
Ethanol..............................  Non-jacketed...........  May 1, 2023............  July 1, 2023.
                                       Jacketed...............  May 1, 2023............  May 1, 2025.
Class 3, PG II or III (flammable       Non-jacketed...........  May 1, 2029............  May 1, 2029.
 liquid) material other than
 unrefined petroleum products and
 ethanol.
                                       Jacketed...............  May 1, 2029............  May 1, 2029.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. In Sec.  173.243, revise paragraph (a) introductory text and
paragraph (a)(1) to read as follows:

Sec.  173.243   Bulk packaging for certain high hazard liquids and
dual-hazard materials which pose a moderate hazard.

* * * * *
    (a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 fusion-welded tank car tanks; and Class 106 or 110 multi-
unit tank car tanks. Additional operational requirements apply to high-
hazard flammable trains (see Sec.  171.8 of this subchapter) as
prescribed in Sec.  174.310 of this subchapter. Except as otherwise
provided in this section, DOT Specification 111 tank cars and DOT
Specification 111 tank cars built to the CPC-1232 industry standard are
no longer authorized to transport Class 3 (flammable liquids) in
Packing Group I, unless retrofitted to the DOT Specification 117R
retrofit standards or the DOT Specification 117P performance standards
provided in part 179, subpart D of this subchapter.
    (1) DOT Specification 111 tank cars and DOT Specification 111 tank
cars built to the CPC-1232 industry standard are no longer authorized
for transport of Class 3 (flammable liquids) unless retrofitted prior
to the dates corresponding to the specific material in the following
table:

----------------------------------------------------------------------------------------------------------------
                                                                                DOT-111  built to the
               Material                   Jacketed or  non-     DOT-111  not authorized        CPC-1232 not
                                          jacketed  tank car           on or after        authorized on or after
----------------------------------------------------------------------------------------------------------------
Unrefined petroleum products.........  Non-jacketed...........  January 1, 2018........  April 1, 2020.
                                       Jacketed...............  March 1, 2018..........  May 1, 2025.
Class 3, PG I (flammable liquid)       Non-jacketed...........  May 1, 2025............  May 1, 2025.
 other than unrefined petroleum
 products.
                                       Jacketed...............  May 1, 2025............  May 1, 2025.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
5. The authority citation for part 179 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
6. Revise Sec.  179.202-6 to read as follows:

Sec.  179.202-6   Thermal protection system.

    The DOT Specification 117 tank car must have a thermal protection
system. The thermal protection system must:
    (a) Conform to Sec.  179.18 of this part;
    (b) Be equipped with a thermal protection blanket with at least \1/
2\-inch-thick material that meets Sec.  179.18(c) of this part; and
    (c) Include a reclosing pressure relief device in accordance with
Sec.  173.31 of this subchapter.

0
7. In Sec.  179.202-12, revise the section heading to read:

Sec.  179.202-12   Performance standard requirements (DOT-117P).

* * * * *

0
8. In Sec.  179.202-13, revise paragraphs (e) and (h) to read as
follows:

Sec.  179.202-13  Retrofit standard requirements (DOT-117R).

* * * * *
    (e) Thermal protection system. (1) The DOT Specification 117R tank
car must have a thermal protection system. The thermal protection
system must conform to Sec.  179.18 of this part and include a
reclosing pressure relief device in accordance with Sec.  173.31 of
this subchapter.
    (2) A non-jacketed tank car modified to the DOT Specification 117R
must be equipped with a thermal protection blanket with at least \1/2\-
inch-thick material that meets Sec.  179.18(c) of this part.
* * * * *
    (h) Top fittings protection--(1) Protective housing. Except as
provided in Sec. Sec.  179.202-13(h)(2) and (3) of this paragraph, top
fittings on DOT Specification 117R tank cars must be located inside a
protective housing not less than 12-inch in thickness and constructed
of a material having a tensile strength not less than 65 kpsi and must
conform to all of the following conditions:
    (i) The protective housing must have a height exceeding the tallest
valve or fitting which requires protection and the height of a valve or
fitting within the protective housing must be kept to the minimum size
compatible to allow for proper operation.
    (ii) The protective housing or cover may not reduce the flow
capacity of a pressure relief device below the minimum required.
    (iii) The protective housing must provide a means of drainage with
a minimum flow area equivalent to six (6) 1-inch diameter weep holes.
    (iv) When connected to the nozzle or fitting cover plate, and
subject to a horizontal force applied perpendicular to and uniformly
over the projected plane of the protective housing, the tensile
connection strength of the protective housing must be designed to be--
    (A) no greater than 70 percent of the nozzle to tank tensile
connection strength;
    (B) no greater than 70 percent of the cover plate to nozzle
connection strength; and
    (C) no less than either 40 percent of the nozzle to tank tensile
connection strength or the shear strength of twenty (20) 12-inch bolts.
    (2) Pressure relief devices. (i) The pressure relief device(s) must
be located inside the protective housing, unless space does not allow
for placement within a housing. If multiple pressure relief devices are
installed, no more than one (1) may be located outside of a protective
housing.
    (ii) The height of a pressure relief device located outside of a
protective housing in accordance with paragraph (h)(2)(i) of this
section may not exceed the tank car jacket by more than 12 inches.
    (iii) The highest point of a closure of any unused pressure relief
device nozzle may not exceed the tank car jacket by more than six (6)
inches.
    (3) Alternative. As an alternative to the protective housing
requirements in paragraph (h)(1) of this section, the tank car may be
equipped with a system that prevents the release of contents from any
top fitting under accident conditions where any top fitting may be
sheared off.

    Issued in Washington, DC, on August 10, 2016, under authority
delegated in 49 CFR part 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2016-19406 Filed 8-12-16; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15137-15143]
[FR Doc No: 2022-05625]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2019-0074]
RIN 2130-AC78

Railroad Workplace Safety

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

ACTION: Final rule.

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

SUMMARY: FRA is revising its regulations governing railroad workplace
safety to: Allow for the use of alternative cybersecurity standards for
electronic display systems used to view track authority information for
roadway worker safety, and exempt certain remotely operated roadway
maintenance machines from existing heating, ventilation, and air
conditioning (HVAC) requirements for enclosed cabs.

DATES: This final rule is effective March 17, 2022.

FOR FURTHER INFORMATION CONTACT: Lance Hawks, Track Specialist, Office
of Railroad Safety, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590, telephone:<PHONE_NUMBER>, email:
[email protected]; or Sam Gilbert, Attorney Adviser, Office of Chief
Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

    To ensure that regulations remain current and effective for their
intended purpose, agencies periodically review and propose amendments
to their regulations. Within this context, FRA reviewed its 49 CFR part
214-Railroad Workplace Safety regulations. As a result of this review,
on December 11, 2020, FRA published a notice of proposed rulemaking
(NPRM) proposing two amendments to subparts C and D of part 214
addressing Roadway Worker Protection and On-Track Roadway Maintenance
Machines and Hi-Rail Vehicles, respectively. 85 FR 79973.

First, FRA proposed to revise Sec.  214.322 (Exclusive track occupancy,
electronic display) to allow the use of alternative cybersecurity
standards for electronic display systems used to view track authority
information. Second, FRA proposed to revise Sec.  214.505 (Required
environmental control and protection systems for new on-track roadway
maintenance machines with enclosed cabs) to exempt certain remotely
operated maintenance machines from existing HVAC requirements.
    FRA believes these provisions provide flexibility to allow for the
incorporation of new and future technological advances that may further
improve safety. FRA received two comments, both supporting the NPRM's
proposals. Accordingly, in this final rule, FRA is adopting the NPRM's
proposed amendments to part 214 as proposed.\1\ Given that this final
rule will relieve current regulatory restrictions, in accordance with 5
U.S.C. 553(d)(1), it is effective upon its publication in the Federal
Register.
---------------------------------------------------------------------------

    \1\ The final rule adopts the amendments exactly as proposed in
the NPRM, with the single exception of the term ``drone'' being
replaced with the phrase ``remotely operated'' in the amendment to
Sec.  214.505, for increased clarity, as explained below.
---------------------------------------------------------------------------

    FRA estimates that railroads would experience approximately $5,900
in paperwork reduction benefits over the ten-year period of this
analysis. The present value (PV) \2\ of these paperwork reduction
benefits, when discounted at 3- and 7-percent, is approximately $5,000
and $4,100, respectively. The annualized paperwork reduction benefits
are estimated to be approximately $590 at both discount rates. The
table below presents the estimated 10-year total paperwork reduction
benefits associated with the final rule.
---------------------------------------------------------------------------

    \2\ The present value of costs and paperwork reduction benefits
flows are calculated in this analysis (over a 10-year period) to
provide a way of converting future amounts into equivalent dollars
today. The formula used to calculate these flows is: 1/(1 + r)-t,
where ``r'' is the discount rate, and ``t'' is the year. Discount
rates of 3 and 7 percent are used in this analysis.

                              Table I-1--Total 10-Year Paperwork Reduction Benefits
                                                 [2020 Dollars]
----------------------------------------------------------------------------------------------------------------
                                               Present value    Present value
                                                     3%               7%         Annualized  3%   Annualized 7%
----------------------------------------------------------------------------------------------------------------
Total Paperwork Reduction Benefits..........          $5,207           $4,272             $610             $608
----------------------------------------------------------------------------------------------------------------

    Because this final rule provides railroads the flexibility to
utilize alternative cybersecurity standards for electronic display
systems at their discretion, and codifies an existing waiver, FRA
concludes that there are no associated costs.

II. Discussion of Comments

    As noted above, FRA received two comments in response to the NPRM,
both supportive of the NPRM's proposals.
    The Association of American Railroads and the American Short Line
and Regional Railroad Association jointly filed a comment concurring
with both NPRM proposals. Regarding FRA's proposal to revise Sec.
214.322, the joint comment stated: ``Standards incorporated by
reference pose challenges both for railroads and regulators alike as
they often quickly become outdated. FRA's approach [in the NPRM] does
not substantively change the electronic authentication technology that
can be used by railroads and avoids the need for unnecessary waivers
from obsolete standards.''
    The second comment, from a member of the public, expressed support
for the NPRM's proposals, noting that the proposals would allow for the
utilization of new technology and improve safety.

III. Background and Overview of the Final Rule

Exclusive Track Occupancy Track Authority Electronic Display Systems

    As explained in the NPRM, when a roadway worker or work group
establishes exclusive track occupancy working limits, and an electronic
display device is used to view track authority information for that
worker or work group, Sec.  214.322(h) requires the device to provide
``Level 3 assurance'' as defined by the security standards of the
National Institute of Standards and Technology (NIST) Special
Publication 800-63-2, Electronic Authentication Guideline, ``Computer
Security,'' August 2013 (2013 Standard). ``Level 3 assurance'' means
the display devices must provide multi-factor remote network
authentication (for example, a password or a biometric factor, such as
a fingerprint, used in combination with a software or hardware token).
    As also noted in the NPRM, since adoption of Sec.  214.322(h), NIST
has updated its computer security standards several times. See 85 FR
79975 (identifying updates to the 2013 Standard). Further, FRA
recognizes that as cybersecurity standards continue to change over
time, other standards may also provide multi-factor authentication.
Accordingly, FRA proposed to provide additional flexibility for meeting
the electronic authentication requirements of Sec.  214.322(h) by
adding a new paragraph (i) to the section. As proposed and adopted in
this final rule, new paragraph (i) provides that paragraph (h)'s
requirements may be satisfied so long as an electronic display system
uses multi-factor authentication.

Remotely Operated Machine Waiver Incorporation

    As discussed in detail in the NPRM, FRA may waive compliance with
its regulations if the waiver is ``in the public interest and
consistent with railroad safety.'' 49 U.S.C. 20103(d); see also 49 CFR
1.89(a). As also noted in the NPRM, activity under a waiver of
regulatory compliance may generate sufficient data and experience to
support an expansion of its scope, applicability, and duration.
    As also explained in the NPRM, in 2008, FRA granted a waiver from
the environmental control requirements of Sec.  214.505(a) (such as
heating, air conditioning, and ventilation systems) to Harsco Track
Technologies, a railroad equipment manufacturer for a newly developed
roadway maintenance machine (RMM) designed to function without a
dedicated operator located on the machine. See FRA-2008-0070 (available
at www.regulations.gov). Railroads have safely operated equipment
subject to this waiver since 2008 and the waiver has been continually
renewed. Accordingly, in this final rule, FRA is adopting the NPRM's
proposal to incorporate the provisions of this waiver into regulation
in new paragraph (i) of Sec.  214.505.

IV. Section-by-Section Analysis

Section 214.322 Exclusive Track Occupancy, Electronic Display

    As discussed above and in more detail in the NPRM, this final rule
adds a new paragraph (i) to Sec.  214.322. New paragraph (i) allows the
use of alternative electronic security standards that provide multi-
factor authentication, other than the currently required 2013 NIST
Standard. With this flexibility to use alternative standards, FRA
expects industry may be able to use new methods of electronic
authentication that are more secure than those described by the 2013
Standard; more secure authentication methods in turn would make it more
difficult for any malicious actors to access track authority
information, and thus more difficult to interfere with roadway work.
FRA therefore believes this amendment in particular could lead to
increased safety for roadway workers.
    Because FRA is adopting the proposed amendment to Sec.  214.322
exactly as proposed in the NPRM, FRA refers readers to the section-by-
section discussion in the NPRM for a more detailed discussion of this
revision.

Section 214.505 Required Environmental Control and Protection Systems
for New On-Track Roadway Maintenance Machines With Enclosed Cabs

    As discussed above and in more detail in the NPRM, this final rule
adds a new paragraph (i) to Sec.  214.505. New paragraph (i) exempts
certain remotely operated RMMs from existing HVAC requirements.
    The substance of the amendment adopted in the final rule is the
same as that proposed in the NPRM; however, FRA has decided to use the
term ``remotely operated'' instead of ``drone'' when describing the
RMMs at issue, to avoid confusion with the usage of the term ``drone''
in other contexts. Because FRA is otherwise adopting the proposed
amendment to Sec.  214.505 exactly as proposed in the NPRM, FRA refers
readers to the section-by-section discussion in the NPRM for a more
detailed discussion of this revision.

V. Regulatory Impact and Notices

Executive Order 12866

    FRA has analyzed this final rule in accordance with Section 3(f) of
Executive Order 12866, ``Regulatory Planning and Review'' and
determined that it is not a significant rule.
    FRA is revising its regulations governing the minimum safety
requirements for railroad workplace safety. These changes amend part
214 to permit the use of alternative security standards for electronic
display systems used to view track authority information in Sec.
214.322, and, consistent with an existing waiver, exempt certain
remotely operated RMMs from environmental control requirements in Sec.
214.505(a), which include heating, air conditioning, and ventilation
systems.
Costs

Electronic Display Systems

    Section 214.322(h) requires that electronic display systems used to
view track authority information meet the security standards defined by
NIST Special Publication 800-63-2, Electronic Authentication Guideline,
``Computer Security,'' August 2013. FRA is allowing electronic display
systems subject to Sec.  214.322 to use alternative standards for
electronic authentication, provided those systems require stringent
identity proofing through multi-factor authentication. FRA expects no
additional costs for this requirement as it is simply adding
flexibility.

HVAC Waiver Incorporation

    As discussed above, in 2008, FRA approved Harsco's waiver petition
for a five-year period with conditions and has since continually
renewed the waiver. FRA expects no additional costs for this
requirement because FRA is codifying a long-standing waiver.
Benefits
    The final rule will be beneficial for regulated entities seeking to
use electronic display systems that meet alternative cybersecurity
standards for electronic authentication and provide a comparable or
better level of identity proofing and digital authentication as that
required by the 2013 NIST Standard. The final rule will also reduce the
paperwork burden on regulated entities by providing relief from
submitting waivers to FRA for the use of certain roadway maintenance
machines.
    FRA has estimated that paperwork reduction benefits of this final
rule will result due to waiver codification, as the final rule will
reduce the need for industry to submit waivers. These estimates assume
that, without the final regulation, Harsco Track Technologies will
continue submitting a petition to extend the waiver every five years.
The last renewal was approved in 2018. To date, Harsco has been the
sole entity requesting this waiver from FRA, and FRA does not expect
any other entities to apply for similar waivers over the period of
analysis.
    FRA assumes that the cost for Harsco to prepare and submit each
waiver would be approximately the same as it is for FRA to process it.
To calculate the paperwork reduction benefits associated with this
waiver, FRA estimated the labor hours required for FRA to review and
approve each waiver. Table V-1 below displays the breakdown of the
waiver review and submission cost for each waiver.

                                       Table V-1--Waiver Submission Costs
----------------------------------------------------------------------------------------------------------------
                                                                   Burdened wage
              Title                  Pay grade       Wage rate     rate (wages x       Hours        Total wages
                                                                       1.75)
----------------------------------------------------------------------------------------------------------------
FRA Field Inspector.............           GS-12          $46.88          $82.04               8         $656.32
Administrative Assistant (Field            GS-12           46.88           82.04               4          328.16
 Office)........................
Administrative Assistant (DC)...            GS-9           32.33           56.58               4          226.32
Motive Power and Equipment                 GS-14           65.88          115.29              16        1,844.64
 Specialist (DC)................
                                 -------------------------------------------------------------------------------
    Total FRA Labor Cost per      ..............  ..............  ..............  ..............        3,055.44
     Renewal Waiver.............
----------------------------------------------------------------------------------------------------------------

    For purposes of estimating waiver costs for this analysis, FRA
estimates the associated renewals that would occur over the next 10
years. Table V-2 shows the total paperwork reduction benefits for
regulated entities to review and submit waivers to FRA.

                           Table V-2--Waiver Submissions Paperwork Reduction Benefits
                                                     [2020]
----------------------------------------------------------------------------------------------------------------
                                                             Paperwork          Paperwork          Paperwork
                                                             reduction          reduction          reduction
            Analysis year             Number of waivers       benefits           benefits           benefits
                                                           (undiscounted)    (discounted 3%)    (discounted 7%)
----------------------------------------------------------------------------------------------------------------
1...................................  .................  .................  .................  .................
2...................................  .................  .................  .................  .................
3...................................                  1              3,055              2,796              2,494
4...................................  .................  .................  .................  .................
5...................................  .................  .................  .................  .................
6...................................  .................  .................  .................  .................
7...................................  .................  .................  .................  .................
8...................................                  1              3,055              2,412              1,778
9...................................  .................  .................  .................  .................
10..................................  .................  .................  .................  .................
                                     ---------------------------------------------------------------------------
    Total...........................  .................              6,110              5,207              4,272
----------------------------------------------------------------------------------------------------------------

Alternatives
    The final rule provides relief to regulated entities by allowing
the use of alternative standards for electronic display systems to
comply with Sec.  214.322(h) and by not having to submit waivers to
FRA. An alternative to the final rule would be to maintain the status
quo.
    If FRA does not modify Sec.  214.322, entities will continue to use
the 2013 NIST Standard as the standard for securing and transmitting
data for electronic display systems. Although this standard is safe,
FRA recognizes that updated standards after the 2013 NIST Standard
could allow the industry to adopt newly developed technologies and
methods of data transmission that are still compliant with Sec.
214.322(h) while providing comparable, or better, levels of security.
    FRA views the remotely operated RMMs subject to the existing waiver
as an example of using emerging modern technology to make railroad
roadway maintenance safer and more efficient. FRA has verified that
waivers allowing remotely operated RMMs do not negatively impact safety
because FRA has not seen an adverse impact to safety while railroads
have been operating under this waiver. Therefore, issuing this final
rule removes unnecessary paperwork burdens arising from avoiding
petitioning for and processing waivers.
Results
    FRA has estimated the paperwork reduction benefits of this final
rule and displayed them in the table below.

                              Table V-3--Total 10-Year Paperwork Reduction Benefits
                                                 [2020 Dollars]
----------------------------------------------------------------------------------------------------------------
                                   Present value 3%    Present value 7%      Annualized 3%       Annualized 7%
----------------------------------------------------------------------------------------------------------------
Total Paperwork Reduction                    $5,207              $4,272                $610                $608
 Benefits.......................
----------------------------------------------------------------------------------------------------------------

    As noted in the table above, FRA estimates the total paperwork
reduction benefits for this final rule to be approximately $5,000 (PV,
3-percent) and $4,100 (PV, 7-percent). The annualized paperwork
reduction benefits are estimated to be approximately $590 (PV, 3-
percent) and $590 (PV, 7-percent).

Regulatory Flexibility Act

    When an agency issues a rulemaking proposal, the Regulatory
Flexibility Act requires the agency to ``prepare and make available for
public comment an initial regulatory flexibility analysis'' which will
``describe the impact of the proposed rule on small entities.'' 5
U.S.C. 603(a). Section 605 of the RFA allows an agency to certify a
rule, in lieu of preparing an analysis, if the rulemaking is not
expected to have a significant economic impact on a substantial number
of small entities. FRA certified this rule in the proposed stage. FRA
requested comments regarding the certification and received no
comments.
    This final rule directly affects all railroads, of which there are
approximately 746 on the general system, and FRA estimates that
approximately 93 percent of these railroads are small entities.
Therefore, FRA has determined that this final rule will have an impact
on a substantial number of small entities.
    However, FRA has determined that the impact on entities affected by
the final rule will not be significant. The effect of the final rule
will be to allow railroads the flexibility to choose the optimal
electronic display equipment currently in the market, with the required
level of security, without having to notify or seek approval from FRA.
Further, equipment manufacturers will no longer need to seek FRA
approval to forego HVAC systems on a remotely operated piece of
equipment, consistent with the established safety of a longstanding
waiver. FRA expects the impact of the final rule will be a reduction in
the paperwork burden for railroads and manufacturers, as well as future
benefits from allowing continually advancing security standards to be
incorporated without a regulatory change. FRA asserts that the economic
impact of the reduction in paperwork, if any, will be minimal and
entirely beneficial to small railroads. Accordingly, the FRA
Administrator hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.

Paperwork Reduction Act

    FRA is submitting the information collection requirements in this
final rule to the Office of Management and Budget (OMB) for approval
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq. The
sections that

contain the final and current information collection requirements and
the estimated time to fulfill each requirement are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                Total annual
     CFR section subject          Respondent      Total annual     Average time    Total annual     dollar cost
                                   universe        responses       per response    burden hours   equivalent \3\
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.119--Part 214  350 Safety       129 forms......  4 hours........             516          29,412
 Railroad Workplace Safety      Inspectors.
 Violation Report.
214.307--Railroad on-track     746 railroads..  276 programs +   2 hours + 2                 563          42,788
 safety programs--RR programs                    325 copies.      minutes.
 that comply with this part +
 copies at system/division
 headquarters.
--RR notification to FRA not   746 railroads..  276 notices....  20 minutes.....              92           6,992
 less than one month before
 on-track safety program
 takes effect.
--RR amended on-track safety   746 railroads..  1 program......  4 hours........               4             304
 programs after FRA
 disapproval.
--RR written response in       746 railroads..  1 written        20 hours.......              20           1,520
 support of disapproved                          response.
 program.
214.309--RR publication of     60 railroads...  100 bulletins/   60 minutes.....             100           7,600
 bulletins/notices reflecting                    notices.
 changes in on-track safety
 manual.
214.311--RR written procedure  19 railroads...  5 developed      2 hours........              10             760
 to achieve prompt and                           procedures.
 equitable resolution of good
 faith employee challenges.
214.317--On-track safety       19 railroads...  5 operating      2 hours........              10             760
 procedures, generally, for                      procedures.
 snow removal, weed spray
 equipment, tunnel niche or
 clearing by.
214.318--Procedures            746 railroads..  19 rules/        2 hours........              38           2,888
 established by railroads for                    procedures.
 workers to perform duties
 incidental to those of
 inspecting, testing,
 servicing, or repairing
 rolling equipment.
214.320--Roadway maintenance   746 railroads..  5 requests.....  4 hours........              20           1,520
 machines movement over
 signalized non-controlled
 track--RR request to FRA for
 equivalent level of
 protection to that provided
 by limiting all train and
 locomotive movements to
 restricted speed.
214.322--Exclusive track       3 Class I        1,000 written    10 minutes.....             167           9,519
 occupancy, electronic          Railroads.       authorities.
 display--Written authorities/
 printed authority copy if
 electronic display fails or
 malfunctions.
214.329--Train approach        746 railroads..  26,250           30 seconds.....             219          16,644
 warning.                                        designations.
- Written designation of
 watchmen/lookouts.
214.336--Procedures for        100 railroads..  10,000 notices.  5 seconds......              14             798
 adjacent track movements
 over 25 mph: notifications/
 watchmen/lookout warnings.
--Procedures for adjacent      100 railroads..  3,000 notices..  5 seconds......               4             228
 track movements 25 mph or
 less: notifications/watchmen/
 lookout warnings.
214.339--Audible warning from  19 railroads...  19 written       4 hours........              76           5,776
 trains: written procedures                      procedures.
 that prescribe effective
 requirements for audible
 warning by horn and/or bells
 for trains.
214.343/345/347/349/351/353/   50,000 roadway   50,000 records.  2 minutes......           1,667         126,692
 355--Annual training for all   workers.
 roadway workers (RWs)--
 Records of training.
214.503--Notifications for     50,000 roadway   125 notices....  10 minutes.....              21           1,197
 non-compliant roadway          workers.
 maintenance machines or
 unsafe condition.
--Resolution procedures......  19 railroads/    5 procedures...  2 hours........              10             760
                                contractors.
214.505 Required               746/200          500 lists......  1 hour.........             500          38,000
 environmental control and      railroads/
 protection systems for new     contractors.
 on-track roadway maintenance
 machines with enclosed cabs.
--Designations/additions to    692/200          150 additions/   5 minutes......              13             988
 list.                          railroads/       designations.
                                contractors.
--Stenciling or marking of     30 remotely      10 stencils/     5 minutes......               1              57
 remotely operated roadway      operated         displays.
 maintenance machine (Revised   machines.
 requirement).
214.507--A-Built Light Weight  692/200          1,000 stickers/  5 minutes......              83           4,731
 on new roadway maintenance     railroads/       stencils.
 machines.                      contractors.
214.511--Required audible      692/200          3,700            5 minutes......             308          17,556
 warning devices for new on-    railroads/       identified
 track roadway maintenance      contractors.     mechanisms.
 machines.
214.515--Overhead covers for   692/200          500 + 500        10 + 20 minutes             250          17,423
 existing on-track roadway      railroads/       requests +
 maintenance machines.          contractors.     responses.
214.517--Retrofitting of       692/200          500 stencils/    5 minutes......              42           2,394
 existing on-track roadway      railroads/       displays.
 maintenance machines           contractors.
 manufactured on or after
 Jan. 1, 1991.
214.523--Hi-rail vehicles....  692/200          5,000 records..  5 minutes......             417          23,769
                                railroads/
                                contractors.
--Non-complying conditions...  692/200          500 tags + 500   10 minutes + 15             208          11,856
                                railroads/       reports.         minutes.
                                contractors.
214.527--Inspection for        692/200          550 tags + 550   5 minutes + 15              183          10,431
 compliance--Repair schedules.  railroads/       reports.         minutes.
                                contractors.
214.533--Schedule of repairs-- 692/200          250 records....  15 minutes.....              63           4,788
 Subject to availability of     railroads/
 parts.                         contractors.
                              ----------------------------------------------------------------------------------
    Totals...................  746 railroads..  105,751          N/A............           5,619         388,151
                                                 responses.
----------------------------------------------------------------------------------------------------------------
\3\ Throughout the tables in this document, the dollar equivalent cost is derived from the Surface
  Transportation Board's Full Year Wage A&B data series using the appropriate employee group hourly wage rate
  that includes 75 percent overhead charges.

    All estimates include the time for reviewing instructions,
searching existing data sources, gathering or maintaining the needed
data, and reviewing the information. Pursuant to 44 U.S.C.
3506(c)(2)(B), FRA solicits comments concerning: Whether these
information collection requirements are necessary for the proper
performance of the functions of FRA, including whether the information
has practical utility; the accuracy of FRA's estimates of the burden of
the information collection requirements; the quality, utility, and
clarity of the information to be collected; and whether the burden of
collection of information on those who are to respond, including
through the use of automated collection techniques or other forms of
information technology, may be minimized. For information or a copy of
the paperwork package submitted to OMB, contact Ms. Hodan Wells,
Information Collection Clearance Officer, at<PHONE_NUMBER>.
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to Ms. Wells
at the following address: [email protected]

Federalism Implications

    Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999),
requires FRA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' are defined in the Executive order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, agencies
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.
    This final rule has been analyzed consistent with the principles
and criteria in Executive Order 13132. This final rule will not have a
substantial effect on the States or their political subdivisions; it
would not impose any substantial direct compliance costs; and it would
not affect the relationships between the Federal Government and the
States or their political subdivisions, or the distribution of power
and responsibilities among the various levels of government. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
    However, this final rule could have preemptive effect under certain
provisions of the Federal railroad safety statutes, specifically the
former Federal Railroad Safety Act of 1970 (former FRSA), repealed and
re-codified at 49 U.S.C. 20106, and the former Locomotive Boiler
Inspection Act (LIA) at 45 U.S.C. 22-34, repealed and re-codified at 49
U.S.C. 20701-03. The former FRSA provides that States may not adopt or
continue in effect any law, regulation, or order related to railroad
safety or security that covers the subject matter of a regulation
prescribed or order issued by the Secretary of Transportation (with
respect to railroad safety matters) or the Secretary of Homeland
Security (with respect to railroad security matters), except when the
State law, regulation, or order qualifies under the ``local safety or
security hazard'' exception to Section 20106. Moreover, the U.S.
Supreme Court has held the former LIA preempts the field concerning
locomotive safety. See Napier v. Atl. Coast Line R.R., 272 U.S. 605
(1926), and Kurns v. R.R. Friction Prods. Corp., 565 U.S. 625 (2012).
Therefore, it is possible States would be preempted from addressing the
subjects covered by the final rule (security standards for electronic
display systems used to display track authority information and HVAC
systems on remotely operated machines).

Environmental Impact

    FRA has evaluated this final rule consistent with the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321, et seq., the Council
of Environmental Quality's NEPA implementing regulations at 40 CFR
parts 1500-1508, and FRA's NEPA implementing regulations at 23 CFR part
771, and determined that it is categorically excluded from
environmental review and does not require the preparation of an
environmental assessment (EA) or environmental impact statement (EIS).
Categorical exclusions (CEs) are actions identified in an agency's NEPA
implementing regulations that do not normally have a significant impact
on the environment and, therefore, do not require either an EA or EIS.
See 40 CFR 1508.4. Specifically, FRA has determined that this final
rule is categorically excluded from detailed environmental review
pursuant to 23 CFR 771.116(c)(15), ``[p]romulgation of rules, the
issuance of policy statements, the waiver or modification of existing
regulatory requirements, or discretionary approvals that do not result
in significantly increased emissions of air or water pollutants or
noise.''
    This final rule does not directly or indirectly impact any
environmental resources and will not result in significantly increased
emissions of air or water pollutants or noise. In analyzing the
applicability of a CE, FRA must also consider whether unusual
circumstances are present that would warrant a more detailed
environmental review. See 23 CFR 771.116(b). FRA has concluded that no
such unusual circumstances exist with respect to this final regulation
and it meets the requirements for categorical exclusion under 23 CFR
771.116(c)(15).
    Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to effect historic properties. See 16 U.S.C. 470. FRA
has also determined that this rulemaking does not approve a project
resulting in use of a resource protected by Section 4(f). See
Department of Transportation Act of 1966, as amended (Pub. L. 89-670,
80 Stat. 931); 49 U.S.C. 303.

Unfunded Mandates Reform Act of 1995

    Under Section 201 of the Unfunded Mandates Reform Act of 1995, 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 promulgation of any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any 1 year, and before promulgating any final rule for
which a general notice of proposed rulemaking was published, the agency
shall prepare a written statement detailing the effect on State, local,
and tribal governments and the private sector. The final rule will not
result in the expenditure, in the aggregate, of $100,000,000 or more in
any one year (adjusted annually for inflation), and thus preparation of
such a statement is not required.

List of Subjects in 49 CFR Part 214

    Occupational safety and health, Railroad safety.

The Rule

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

PART 214--RAILROAD WORKPLACE SAFETY

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

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

0
2. Amend Sec.  214.322 by adding paragraph (i) to read as follows:

Sec.  214.322  Exclusive track occupancy, electronic display.

* * * * *
    (i) For purposes of complying with paragraph (h) of this section,
electronic display systems may use multi-factor authentication for
digital authentication of the subject.

0
3. Amend Sec.  214.505 by revising the introductory text of paragraph
(a) and adding paragraph (i) to read as follows:

Sec.  214.505  Required environmental control and protection systems
for new on-track roadway maintenance machines with enclosed cabs.

    (a) With the exception of machines subject to paragraph (i) of this
section, the following new on-track roadway maintenance machines shall
be equipped with operative heating systems, operative air conditioning
systems, and operative positive pressurized ventilation systems:
* * * * *
    (i) Paragraph (a) of this section is not applicable to machines
that are incapable of performing work functions other than by remote
operation and are equipped with no operating controls (i.e., remotely
operated roadway maintenance machines) if the following conditions are
met.
    (1) If a remotely operated roadway maintenance machine is operated
from the cab of a separate machine, that separate machine must comply
with paragraph (a) of this section.
    (2) If a remotely operated roadway maintenance machine is operated
outside of the main cab of the separate machine in a manner that will
expose the operator to air contaminants, as outlined in 29 CFR
1910.1000, the employee shall be protected in compliance with 29 CFR
1910.134.
    (3) No person is permitted on the remotely operated roadway
maintenance machine while the equipment is operating.
    (4) Each remotely operated roadway maintenance machine must be
clearly identified by stenciling, marking, or other written notice in a
conspicuous location on the machine indicating the potential hazards of
the machine being operated from a distance or that the machine may move
automatically.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-05625 Filed 3-16-22; 8:45 am]
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[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Proposed Rules]
[Pages 7702-7703]
[FR Doc No: 2013-02394]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-R09-OAR-2012-0904, FRL-9775-9]

Partial Approval and Disapproval of Air Quality Implementation
Plans; Arizona; Regional Haze and Visibility Transport; Extension of
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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

SUMMARY: EPA is extending the public comment period for a proposed rule
published in the Federal Register on December 21, 2012, with a former
deadline for comments of February 4, 2013. The new deadline of March 6,
2013, will provide an additional 30 days for a total of 75 days to
comment on our proposal. The proposal is to approve in part and
disapprove in part a revision to Arizona's State Implementation Plan
(SIP) to implement the regional haze program for the first planning
period through 2018. The proposal includes all portions of the State's
regional haze SIP except for three electric generating stations that
were addressed in a final rule published on December 5, 2012.

DATES: Comments on the proposed rule published on December 21, 2012 (77
FR 75704) must be received on or before March 6, 2013.

ADDRESSES: You may submit comments, identified by Docket ID No. EPA-
R09-OAR-2012-0904, by one of the following methods:
     Federal Rulemaking portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (Attention: Gregory Nudd)
     Mail, Hand Delivery or Courier: Gregory Nudd, EPA Region
9, Air Division (AIR-2), 75 Hawthorne Street, San Francisco, California
94105. Hand and courier deliveries are only accepted Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Special
arrangements should be made for deliveries of boxed information.

FOR FURTHER INFORMATION CONTACT: Gregory Nudd, U.S. EPA, Region 9,
Planning Office, Air Division, Air-2, 75 Hawthorne Street, San
Francisco, CA 94105. Gregory Nudd can be reached at telephone number
(415) 947-4107 and via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Instructions for Submitting Comments

    EPA's policy is to include all comments received in the public
docket without change. We may make comments available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be CBI or other
information for which disclosure is restricted by statute. Do not
submit information that you consider to be CBI or that is otherwise
protected through http://www.regulations.gov or email. The http://www.regulations.gov web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA, without going through http://www.regulations.gov, we
will include your email address as part of the comment that is placed
in the public docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should not include
special characters or any form of encryption, and be free of any
defects or viruses.

B. Docket

    The proposed rule published on December 21, 2012, relies on
documents, information and data that are listed in the index on http://www.regulations.gov under docket number EPA-R09-OAR-2012-0904. Although
listed in the index, some information is not publicly available (e.g.,
Confidential Business Information (CBI)). Certain other material, such
as copyrighted material, is publicly available only in hard copy form.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the Planning Office of
the Air Division, AIR-2, EPA Region 9, 75 Hawthorne Street, San
Francisco, CA 94105. EPA requests that you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the docket. You may view the hard copy of the docket Monday
through Friday, 9-5:00 PST, excluding Federal holidays.

C. Submitting Confidential Business Information

    Do not submit CBI to EPA through http://www.regulations.gov or
email. Clearly mark the part or all of the information that you claim
as CBI. For CBI information in a disk or CD ROM that you mail to EPA,
mark the outside of the disk or CD-ROM as CBI and identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, you must submit a copy of the
comment that does not contain the information claimed as CBI for
inclusion in the public docket. We will not disclose information so
marked except in accordance with procedures set forth in 40 CFR part 2.

D. Tips for Preparing Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (e.g., subject heading, Federal Register date
and page number).
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.

     Make sure to submit your comments by the identified
comment period deadline.

    Dated: January 28, 2013.
Alexis Strauss,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2013-02394 Filed 2-1-13; 8:45 am]
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