Railroad Workplace Safety, 7047-7050 [05-2560]
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
§ 180.368 Metholachlor; tolerances for
residues.
§ 180.482 Tebufenozide; tolerances for
residues.
§ 180.532 Cyprodinil; tolerances for
residues.
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7047
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(b) Section 18 emergency exemptions.
[Reserved]
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I 6. In § 180.415, paragraph (b) is
removed and reserved as follows:
§ 180.415 Aluminum tris (Oethylphosphate); tolerances for residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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I 7. In § 180.436, paragraph (b) is
removed and reserved as follows:
§ 180.436
residues
Cyfluthrin; tolerances for
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(b) Section 18 emergency exemptions.
[Reserved]
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§ 180.442
[Amended]
8. In § 180.442 in the table in
paragraph (b), remove the entries for
peanut and potato.
I 9. In § 180.458, paragraph (b) is
removed and reserved as follows:
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§ 180.474
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Expiration/
revocation
date
12/31/05
12/31/05
12/31/06
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[Amended]
11. In § 180.474, in the table in
paragraph (b), remove the entry for hop.
I 12. In § 180.476, paragraph (b) is
removed and reserved as follows:
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§ 180.476 Triflumizole; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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I 13. In § 180.482, the table in paragraph
(b) is revised to read as follows:
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§ 180.535
[Amended]
12/31/05
9.0
3.0
12/31/05
12/31/05
22. In § 180.535, in the table in
paragraph (b), remove the entries, cattle,
kidney; goat, kidney; grass, forage; grass,
hay; hog, kidney; horse, kidney; milk and
sheep, kidney.
0.25
12/31/05
§ 180.544
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[Amended]
23. In § 180.544, in the table in
paragraph (b), remove the entries, corn,
field, forage; corn, field, grain; corn,
field, stover; and corn, oil.
I 24. In § 180.556, paragraph (b) is
removed and reserved as follows:
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14. In § 180.493, paragraph (b) is
removed and reserved as follows:
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§ 180.493 Dimethomorph; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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[Amended]
§ 180.556 Pymetrizone; tolerances for
residues.
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(b) Section 18 emergency exemptions.
[Reserved]
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[FR Doc. 05–2614 Filed 2–9–05; 8:45 a.m.]
BILLING CODE 6560–50–S
[Amended]
16. In § 180.498, in the table in
paragraph (b), remove the entry for
chickpea, seed.
I
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
17. In § 180.499, paragraph (b) is
removed and reserved as follows:
49 CFR Part 214
§ 180.499 Propamocarb hydrochloride;
tolerances for residues.
RIN 2130–AA48
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(b) * * *
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Expiration/
revocation
date
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(b) Section 18 emergency exemptions.
[Reserved]
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0.3
Beet, garden,
roots ..............
Beet, garden,
tops ...............
Grape ................
Sweet potato,
roots ..............
§ 180.498
§ 180.472 Imidacloprid; tolerances for
residues.
0.05
4.0
1.0
Parts per
million
15. In § 180.495, in the table in
paragraph (b), remove the entry for
cranberry.
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(b) Section 18 emergency exemptions.
[Reserved]
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I 10. In § 180.472, the table in paragraph
(b) is revised to read as follows:
Almond ..............
Almond, hulls ....
Soybean, seed ..
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Parts per
million
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Commodity
§ 180.495
§ 180.458 Clethodim; tolerances for
residues.
Commodity
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(b) * * *
Railroad Workplace Safety
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(b) Section 18 emergency exemptions.
[Reserved]
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18. In § 180.503, paragraph (b) is
removed and reserved as follows:
I
[Docket No. FRA–2001–10426]
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Interim final rule.
AGENCY:
SUMMARY: FRA is amending regulations
on Railroad Workplace Safety to clarify
an ambiguous provision concerning the
circumstances under which life vests or
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(b) Section 18 emergency exemptions. buoyant work vests are required for
bridge workers working over water.
[Reserved]
DATES: Effective Date: This rule becomes
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effective April 11, 2005.
Written Comments: Written comments
§ 180.507 [Amended]
must be received no later than March
I 19. In § 180.507, the table in paragraph
28, 2005. Comments received after that
(b) is Amended by removing the entries
date will be considered to the extent
for chickpea, seed; lychee; and pepper.
possible without incurring additional
expense or delay.
§ 180.510 [Amended]
ADDRESSES: You may submit comments,
I 20. In § 180.510, in the table in
identified by DOT DMS Docket Number
paragraph (b), remove the entry for Fruit, FRA–2001–10426, by any of the
stone, group 12.
following methods:
I 21. In § 180.532, paragraph (b) is
• Federal eRulemaking Portal: Go to
removed and reserved as follows:
https://www.regulations.gov. Follow the
§ 180.503 Cymoxanil, tolerances for
residues.
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Federal Register / Vol. 70, No. 27 / Thursday, February 10, 2005 / Rules and Regulations
online instructions for submitting
comments.
• Web site: Go to https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all comments received will be
posted without change to https://
dms.dot.gov, including any personal
information provided. Please see the
Privacy Act heading under Regulatory
Impact, below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to Room PL–
401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Gordon A. Davids, Bridge Engineer,
Office of Safety, FRA, 1120 Vermont
Avenue, NW., Washington, DC 20590
(telephone: 202–493–6320); or Anna
Nassif, Trial Attorney, Office of Chief
Counsel, FRA, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone:
202–493–6166).
SUPPLEMENTARY INFORMATION:
Public Participation
The Administrative Procedure Act (5
U.S.C. 551–559) permits an agency to
dispense with notice of rulemaking
when it is otherwise not required by
statute and the agency ‘‘for good cause
finds that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest.’’ 5
U.S.C. 553(b)(B). FRA finds that notice
and public participation are, in this
case, unnecessary and contrary to the
public interest for the reasons set forth
below.
These amendments do not expand the
scope of the rule, nor do they impose
additional burdens on those covered by
the rule. Moreover, FRA finds that any
further delay in issuance of this rule
could perpetuate confusion or
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inconsistencies regarding the use of
personal floatation devices in
conjunction with effective fall
prevention measures. FRA believes that
the identification of inconsistent safety
requirements and the noncontroversial
nature of the amendments necessary to
make the requirements consistent justify
the issuance of an interim final rule.
FRA will consider, however, any
comments received during the postpublication comment period before it
issues a final rule in this proceeding.
Background
On June 24, 1992, FRA issued
Railroad Workplace Safety Regulations
in 49 CFR part 214. 57 FR 28127.
Subsequent amendments to that
regulation have added subpart C,
Roadway Worker Protection, and
subpart D, On-Track Roadway
Maintenance Machines and Hi-Rail
Vehicles. 61 FR 65959 (December 16,
1996), 68 FR 44388 (July 28, 2003).
Additional amendments have provided
technical corrections and changes to
improve the effectiveness of the
regulation.
FRA has since received a request from
the Norfolk Southern Railway Company
(NS) to permit NS employees who are
working on a bridge deck over water to
work without a life vest or buoyant
work vest under circumstances in which
falls are effectively prevented. NS refers
to factual situations under the present
regulation, where a bridge worker who
is located 12 feet or more over the
ground is prevented from falling by
hand rails, walkways, or acceptable
work procedures and is therefore not
required to use a personal fall arrest
system. However, if the same
circumstances prevail on a bridge over
water, the bridge worker is required to
wear a life vest or buoyant work vest
even though the bridge worker over
water may have the same safety hand
rails, walkways, or acceptable work
procedures in place as the bridge worker
has over dry land. FRA has considered
this request, and has found that the
situation addressed by NS is not limited
to one railroad. FRA therefore considers
it advisable to provide an industry-wide
resolution by issuing a technical
amendment to the regulation.
The present regulation, in section
214.107, ‘‘Working over or adjacent to
water’’ states, in part:
(a) Bridge workers working over or
adjacent to water with a depth of four feet or
more, or where the danger of drowning
exists, shall be provided and shall use life
vests or buoyant work vests in compliance
with U.S. Coast Guard requirements in 46
CFR 160.047, 160.052, and 160.053. Life
preservers in compliance with U.S. Coast
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Guard requirements in 46 CFR 160.055 shall
also be within ready access. This section
shall not apply to bridge workers using
personal fall arrest systems or safety nets that
comply with this subpart.
(b) Life vests or buoyant work vests shall
not be required when bridge workers are
conducting inspections that involve climbing
structures above or below the bridge deck.
The present regulation also provides
for circumstances in which bridge
workers are not required to use personal
fall arrest systems or safety nets while
working at heights over land because
the risk of falling is minimized by
components of the bridge or by suitable
work procedures. In particular, section
214.103, ‘‘Fall protection, generally’’
states:
(a) Except as provided in paragraphs (b)
through (d) of this section, when bridge
workers work twelve feet or more above the
ground or water surface, they shall be
provided and shall use a personal fall arrest
system or safety net system. All fall
protection systems required by this section
shall conform to the standards set forth in
§ 214.105 of this subpart.
(b)(1) This section shall not apply if the
installation of the fall arrest system poses a
greater risk than the work to be performed.
In any action brought by FRA to enforce the
fall protection requirements, the railroad or
railroad contractor shall have the burden of
proving that the installation of such device
poses greater exposure to risk than
performance of the work itself.
(2) This section shall not apply to bridge
workers engaged in inspection of railroad
bridges conducted in full compliance with
the following conditions:
(i) The railroad or railroad contractor has
a written program in place that requires
training in, adherence to, and use of safe
procedures associated with climbing
techniques and procedures to be used;
(ii) The bridge worker to whom this
exception applies has been trained and
qualified according to that program to
perform bridge inspections, has been
previously and voluntarily designated to
perform inspections under the provision of
that program, and has accepted the
designation;
(iii) The bridge worker to whom this
exception applies is familiar with the
appropriate climbing techniques associated
with all bridge structures the bridge worker
is responsible for inspecting;
(iv) The bridge worker to whom this
exception applies is engaged solely in
moving on or about the bridge or observing,
measuring and recording the dimensions and
condition of the bridge and its components;
and
(v) The bridge worker to whom this section
applies is provided all equipment necessary
to meet the needs of safety, including any
specialized alternative systems required.
(c) This section shall not apply where
bridge workers are working on a railroad
bridge equipped with walkways and railings
of sufficient height, width, and strength to
prevent a fall, so long as bridge workers do
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not work beyond the railings, over the side
of the bridge, on ladders or other elevation
devices, or where gaps or holes exist through
which a body could fall. Where used in place
of fall protection as provided for in § 214.105,
this paragraph (c) is satisfied by:
(1) Walkways and railings meeting
standards set forth in the American Railway
Engineering Association’s Manual for
Railway Engineering; and
(2) Roadways attached to railroad bridges,
provided that bridge workers on the roadway
deck work or move at a distance six feet or
more from the edge of the roadway deck, or
from an opening through which a person
could fall.
(d) This section shall not apply where
bridge workers are performing repairs or
inspections of a minor nature that are
completed by working exclusively between
the outside rails, including but not limited to,
routine welding, spiking, anchoring, spot
surfacing, and joint bolt replacement.
The exceptions to the requirement for
a personal fall arrest system or safety net
are found in paragraphs (b) through (d)
of § 214.103. Sub-paragraph (b)(2), and
paragraphs (c) and (d), address alternate
means of fall protection. In strict
application of the regulation, these
exceptions may be used in appropriate
circumstances by bridge workers
working at heights over dry land, but do
not relieve bridge workers from the
requirement to use life vests or buoyant
work vests when over water, even
though the risk of a fall to the water is
minimized.
This inconsistency was not intended.
FRA is therefore issuing this technical
amendment to resolve the
inconsistency. This amendment will
permit the exceptions in § 214.103
which presently only apply to the use
of personal fall arrest systems and safety
nets over dry land to also apply to the
use of life vests or buoyant work vests
while working over water. Including
§ 214.103(b)(2) and its related subparagraphs concerning bridge inspectors
among the exceptions in § 214.107(a)
makes § 214.107(b) redundant. It is
therefore being deleted.
This amendment will have the effect,
in a common example, of permitting a
railroad track inspector, when on a
bridge that is over water and equipped
with effective handrails and walkways,
to replace a joint bolt without having to
wear a life vest or buoyant work vest,
without the need to have a life preserver
within ready access, and without the
need for ring buoys and a boat or skiff
in the water. The amendment should
also have the beneficial effect of
encouraging bridge owners to install
effective fall prevention components on
low bridges over water in order to
improve labor efficiency.
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Section-by-Section Analysis
Section 214.107 Working Over or
Adjacent to Water
This section sets forth standards for
bridge workers working over or adjacent
to water. Paragraph (a) requires that
bridge workers must wear life vests or
buoyant work vests in compliance with
various Coast Guard requirements,
when working over water, except where
bridge workers are working with fall
arrests systems or in compliance with
the provisions of § 214.103(b)(2), (c) or
(d). These provisions establish
exceptions to the general requirement
for protection against drowning. The
exceptions include situations where
there is little or no risk of falling, since
bridge workers are working on bridges
with walkways and railings, or, when
on bridges with roadways, are working
more than six feet from the edge of a
roadway deck or any opening through
which they could fall.
Regulatory Impact
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of FRA’s dockets by
the name of the individual submitting
the comment (or signing the comment,
if submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (volume 65,
number 70; pages 19477–78), or you
may visit https://dms.dot.gov.
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This amendment clarifying the final
rule has been evaluated in accordance
with existing policies and procedures
and is not considered significant under
Executive Order 12866 or under DOT
policies and procedures. The minor
technical changes made in this
amendment will not increase the costs
or alter the benefits associated with this
regulation to any measurable degree.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) requires a review
of rules to assess their impact on small
entities. This amendment to the final
rule clarifies existing requirements. The
changes will have no new direct or
indirect economic impact on small units
of government, businesses, or other
organizations. Therefore, it is certified
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
provisions of the Regulatory Flexibility
Act.
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Paperwork Reduction Act
There are no paperwork requirements
associated with this amendment of the
final rule.
Environmental Impact
FRA has evaluated this amendment in
accordance with its procedures for
ensuring full consideration of the
environmental impact of FRA actions,
as required by the National
Environmental Policy Act (42 U.S.C.
4321 et seq.), other environmental
statutes, Executive Orders, and DOT
Order 5610.1c. The amendment meets
the criteria establishing this as a nonmajor action for environmental
purposes.
Federalism Implications
This amendment will not have a
substantial effect 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. Thus, in
accordance with Executive Order 13132,
preparation of a Federalism Assessment
is not warranted.
Compliance With the Unfunded
Mandates Reform Act of 1995
Pursuant to the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4) 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).’’ Sec. 201. Section 202 of the Act
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 $120,700,000
or more 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
rule issued today does not include any
mandates which will result in the
expenditure, in the aggregate, of
$120,700,000 or more in any one year,
and thus preparation of a statement is
not required.
List of Subjects in 49 CFR Part 214
Bridges, Fall arrest equipment,
Incorporation by reference,
Occupational safety and health,
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Personal protective equipment, Railroad
employees, Railroad safety.
DEPARTMENT OF COMMERCE
The Interim Final Rule
National Oceanic and Atmospheric
Administration
In consideration of the foregoing, FRA
amends part 214 of chapter II, subtitle B
of title 49, Code of Federal Regulations,
as follows:
I
PART 214—[AMENDED]
1. The authority for part 214 is revised
to read as follows:
I
Authority: 49 U.S.C. 20103, 20107, 21301,
21304; 28 U.S.C. 2461, note; and 49 CFR
1.49.
2. Section 214.107 is revised to read as
follows:
I
§ 214.107
water.
Working over or adjacent to
(a) Bridge workers working over or
adjacent to water with a depth of four
feet or more, or where the danger of
drowning exists, shall be provided and
shall use life vests or buoyant work
vests in compliance with U.S. Coast
Guard requirements in 46 CFR 160.047,
160.052, and 160.053. Life preservers in
compliance with U.S. Coast Guard
requirements in 46 CFR 160.055 shall
also be within ready access. This section
shall not apply to bridge workers using
personal fall arrest systems or safety
nets that comply with this subpart or to
bridge workers who are working under
the provisions of § 214.103(b)(2), (c) or
(d) of this subpart.
(b) Prior to each use, all flotation
devices shall be inspected for defects
that reduce their strength or buoyancy
by designated individuals trained by the
railroad or railroad contractor. Defective
units shall not be used.
(c) Where life vests are required by
paragraph (a) of this section, ring buoys
with at least 90 feet of line shall be
provided and readily available for
emergency rescue operations. Distance
between ring buoys shall not exceed 200
feet.
(d) Where life vests are required, at
least one lifesaving skiff, inflatable boat,
or equivalent device shall be
immediately available. If it is
determined by a competent person that
environmental conditions, including
weather, water speed, and terrain, merit
additional protection, the skiff or boat
shall be manned.
Issued in Washington, DC, on February 2,
2005.
Robert D. Jamison,
Acting Federal Railroad Administrator.
[FR Doc. 05–2560 Filed 2–9–05; 8:45 am]
BILLING CODE 4910–06–P
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50 CFR Part 648
[Docket No. 040112010–4114–02; I.D.
020705A]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Reduction
of the Yellowtail Flounder Trip Limit for
the U.S./Canada Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Reduction of the Yellowtail
Flounder Trip Limit for the U.S./Canada
Management Area.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), has projected
that the total allowable catch (TAC) for
Georges Bank (GB) yellowtail flounder
allocated for harvest from the U.S./
Canada Management Area will be fully
harvested prior to the end of the fishing
year if the rate of GB yellowtail flounder
harvest remains at the current level. The
Regional Administrator, therefore, is
reducing the GB yellowtail flounder trip
limit from 15,000 lb (6,408 kg) per trip
to 5,000 lb (2,268 kg) per trip for NE
multispecies days-at-sea (DAS) vessels
fishing in the U.S./Canada Management
Area, effective February 9, 2005.
DATES: Effective 0001 hrs local time,
February 9, 2005, through April 30,
2005.
FOR FURTHER INFORMATION CONTACT:
Karen Tasker, (978) 281–9273, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the yellowtail
flounder trip limit within the U.S./
Canada Management Area are found at
50 CFR 648.85(a)(3)(iv)(C). The
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area under
specific conditions. The TAC allocation
for GB yellowtail flounder for the 2004
fishing year was specified at 6,000 mt in
the final rule implementing Amendment
13 to the NE Multispecies Fishery
Management Plan (FMP) (April 27,
2004, 69 FR 22906). Section
648.85(a)(3)(iv)(D) authorizes the
Regional Administrator to modify
certain conditions regarding the
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harvesting of fish from the U.S./Canada
Management Area, including trip limits
for GB yellowtail flounder harvested
from that area.
On October 1, 2004 (69 FR 59815),
upon determination by the Regional
Administrator that 85 percent of the GB
yellowtail flounder TAC had been
harvested, NMFS closed the Eastern
U.S./Canada Area to all NE multispecies
DAS vessels and prohibited all NE
multispecies vessels from harvesting,
possessing, or landing GB yellowtail
flounder from the U.S./Canada
Management Area, because of concerns
that the yellowtail flounder TAC would
be fully harvested or overharvested
prior to the end of the fishing year. Full
harvest of the TAC was anticipated due
to the amount of yellowtail flounder
harvested by vessels targeting yellowtail
flounder in the U.S./Canada
Management Area, and because of
concerns regarding anticipated
yellowtail flounder bycatch by vessels
targeting groundfish other than
yellowtail flounder within the U.S./
Canada Management Area. Additional
concern was raised by the potential
impact that may be caused by scallop
vessels fishing in Closed Area II under
the Sea Scallop Access Program
implemented under Frameworks 16/39
to the Atlantic Sea Scallop/NE
Multispecies FMPs. Because of these
potential sources of yellowtail flounder
harvest, this action was necessary to
ensure that the GB yellowtail flounder
TAC would not be exceeded during the
2004 fishing year.
On January 14, 2005 (70 FR 2820,
January 18, 2005), under the authority of
§ 648.85(a)(3)(iv)(D), NMFS re-opened
the Eastern U.S./Canada Area; removed
the prohibition on the harvest,
possession, and landing of GB
yellowtail flounder by all NE
multispecies vessels within the entire
U.S./Canada Management Area; and
established a trip limit of 15,000 lb
(6,804 kg) for GB yellowtail flounder for
vessels fishing in the U.S./Canada
Management Area. In addition, the daily
poundage limit for yellowtail flounder
and cod were removed to allow vessels
additional flexibility, should they need
to end a trip prematurely due to an
unexpected event; i.e., vessels would
have the ability to retain their entire
catch onboard when entering port and
on their subsequent trip. This action
was taken in response to data indicating
that the amount of GB yellowtail
flounder harvested under the Sea
Scallop Access Program and the amount
of GB yellowtail flounder bycatch
caught by vessels targeting groundfish
other than yellowtail flounder within
the U.S./Canada Management Area
E:\FR\FM\10FER1.SGM
10FER1
]]>Agencies
[Federal Register Volume 70, Number 27 (Thursday, February 10, 2005)]
[Rules and Regulations]
[Pages 7047-7050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2560]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 214
[Docket No. FRA-2001-10426]
RIN 2130-AA48
Railroad Workplace Safety
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Interim final rule.
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SUMMARY: FRA is amending regulations on Railroad Workplace Safety to
clarify an ambiguous provision concerning the circumstances under which
life vests or buoyant work vests are required for bridge workers
working over water.
DATES: Effective Date: This rule becomes effective April 11, 2005.
Written Comments: Written comments must be received no later than
March 28, 2005. Comments received after that date will be considered to
the extent possible without incurring additional expense or delay.
ADDRESSES: You may submit comments, identified by DOT DMS Docket Number
FRA-2001-10426, by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the
[[Page 7048]]
online instructions for submitting comments.
Web site: Go to https://dms.dot.gov. Follow the
instructions for submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to https://dms.dot.gov, including any personal information
provided. Please see the Privacy Act heading under Regulatory Impact,
below.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gordon A. Davids, Bridge Engineer,
Office of Safety, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590
(telephone: 202-493-6320); or Anna Nassif, Trial Attorney, Office of
Chief Counsel, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590
(telephone: 202-493-6166).
SUPPLEMENTARY INFORMATION:
Public Participation
The Administrative Procedure Act (5 U.S.C. 551-559) permits an
agency to dispense with notice of rulemaking when it is otherwise not
required by statute and the agency ``for good cause finds that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' 5 U.S.C. 553(b)(B). FRA finds that
notice and public participation are, in this case, unnecessary and
contrary to the public interest for the reasons set forth below.
These amendments do not expand the scope of the rule, nor do they
impose additional burdens on those covered by the rule. Moreover, FRA
finds that any further delay in issuance of this rule could perpetuate
confusion or inconsistencies regarding the use of personal floatation
devices in conjunction with effective fall prevention measures. FRA
believes that the identification of inconsistent safety requirements
and the noncontroversial nature of the amendments necessary to make the
requirements consistent justify the issuance of an interim final rule.
FRA will consider, however, any comments received during the post-
publication comment period before it issues a final rule in this
proceeding.
Background
On June 24, 1992, FRA issued Railroad Workplace Safety Regulations
in 49 CFR part 214. 57 FR 28127. Subsequent amendments to that
regulation have added subpart C, Roadway Worker Protection, and subpart
D, On-Track Roadway Maintenance Machines and Hi-Rail Vehicles. 61 FR
65959 (December 16, 1996), 68 FR 44388 (July 28, 2003). Additional
amendments have provided technical corrections and changes to improve
the effectiveness of the regulation.
FRA has since received a request from the Norfolk Southern Railway
Company (NS) to permit NS employees who are working on a bridge deck
over water to work without a life vest or buoyant work vest under
circumstances in which falls are effectively prevented. NS refers to
factual situations under the present regulation, where a bridge worker
who is located 12 feet or more over the ground is prevented from
falling by hand rails, walkways, or acceptable work procedures and is
therefore not required to use a personal fall arrest system. However,
if the same circumstances prevail on a bridge over water, the bridge
worker is required to wear a life vest or buoyant work vest even though
the bridge worker over water may have the same safety hand rails,
walkways, or acceptable work procedures in place as the bridge worker
has over dry land. FRA has considered this request, and has found that
the situation addressed by NS is not limited to one railroad. FRA
therefore considers it advisable to provide an industry-wide resolution
by issuing a technical amendment to the regulation.
The present regulation, in section 214.107, ``Working over or
adjacent to water'' states, in part:
(a) Bridge workers working over or adjacent to water with a
depth of four feet or more, or where the danger of drowning exists,
shall be provided and shall use life vests or buoyant work vests in
compliance with U.S. Coast Guard requirements in 46 CFR 160.047,
160.052, and 160.053. Life preservers in compliance with U.S. Coast
Guard requirements in 46 CFR 160.055 shall also be within ready
access. This section shall not apply to bridge workers using
personal fall arrest systems or safety nets that comply with this
subpart.
(b) Life vests or buoyant work vests shall not be required when
bridge workers are conducting inspections that involve climbing
structures above or below the bridge deck.
The present regulation also provides for circumstances in which
bridge workers are not required to use personal fall arrest systems or
safety nets while working at heights over land because the risk of
falling is minimized by components of the bridge or by suitable work
procedures. In particular, section 214.103, ``Fall protection,
generally'' states:
(a) Except as provided in paragraphs (b) through (d) of this
section, when bridge workers work twelve feet or more above the
ground or water surface, they shall be provided and shall use a
personal fall arrest system or safety net system. All fall
protection systems required by this section shall conform to the
standards set forth in Sec. 214.105 of this subpart.
(b)(1) This section shall not apply if the installation of the
fall arrest system poses a greater risk than the work to be
performed. In any action brought by FRA to enforce the fall
protection requirements, the railroad or railroad contractor shall
have the burden of proving that the installation of such device
poses greater exposure to risk than performance of the work itself.
(2) This section shall not apply to bridge workers engaged in
inspection of railroad bridges conducted in full compliance with the
following conditions:
(i) The railroad or railroad contractor has a written program in
place that requires training in, adherence to, and use of safe
procedures associated with climbing techniques and procedures to be
used;
(ii) The bridge worker to whom this exception applies has been
trained and qualified according to that program to perform bridge
inspections, has been previously and voluntarily designated to
perform inspections under the provision of that program, and has
accepted the designation;
(iii) The bridge worker to whom this exception applies is
familiar with the appropriate climbing techniques associated with
all bridge structures the bridge worker is responsible for
inspecting;
(iv) The bridge worker to whom this exception applies is engaged
solely in moving on or about the bridge or observing, measuring and
recording the dimensions and condition of the bridge and its
components; and
(v) The bridge worker to whom this section applies is provided
all equipment necessary to meet the needs of safety, including any
specialized alternative systems required.
(c) This section shall not apply where bridge workers are
working on a railroad bridge equipped with walkways and railings of
sufficient height, width, and strength to prevent a fall, so long as
bridge workers do
[[Page 7049]]
not work beyond the railings, over the side of the bridge, on
ladders or other elevation devices, or where gaps or holes exist
through which a body could fall. Where used in place of fall
protection as provided for in Sec. 214.105, this paragraph (c) is
satisfied by:
(1) Walkways and railings meeting standards set forth in the
American Railway Engineering Association's Manual for Railway
Engineering; and
(2) Roadways attached to railroad bridges, provided that bridge
workers on the roadway deck work or move at a distance six feet or
more from the edge of the roadway deck, or from an opening through
which a person could fall.
(d) This section shall not apply where bridge workers are
performing repairs or inspections of a minor nature that are
completed by working exclusively between the outside rails,
including but not limited to, routine welding, spiking, anchoring,
spot surfacing, and joint bolt replacement.
The exceptions to the requirement for a personal fall arrest system
or safety net are found in paragraphs (b) through (d) of Sec. 214.103.
Sub-paragraph (b)(2), and paragraphs (c) and (d), address alternate
means of fall protection. In strict application of the regulation,
these exceptions may be used in appropriate circumstances by bridge
workers working at heights over dry land, but do not relieve bridge
workers from the requirement to use life vests or buoyant work vests
when over water, even though the risk of a fall to the water is
minimized.
This inconsistency was not intended. FRA is therefore issuing this
technical amendment to resolve the inconsistency. This amendment will
permit the exceptions in Sec. 214.103 which presently only apply to
the use of personal fall arrest systems and safety nets over dry land
to also apply to the use of life vests or buoyant work vests while
working over water. Including Sec. 214.103(b)(2) and its related sub-
paragraphs concerning bridge inspectors among the exceptions in Sec.
214.107(a) makes Sec. 214.107(b) redundant. It is therefore being
deleted.
This amendment will have the effect, in a common example, of
permitting a railroad track inspector, when on a bridge that is over
water and equipped with effective handrails and walkways, to replace a
joint bolt without having to wear a life vest or buoyant work vest,
without the need to have a life preserver within ready access, and
without the need for ring buoys and a boat or skiff in the water. The
amendment should also have the beneficial effect of encouraging bridge
owners to install effective fall prevention components on low bridges
over water in order to improve labor efficiency.
Section-by-Section Analysis
Section 214.107 Working Over or Adjacent to Water
This section sets forth standards for bridge workers working over
or adjacent to water. Paragraph (a) requires that bridge workers must
wear life vests or buoyant work vests in compliance with various Coast
Guard requirements, when working over water, except where bridge
workers are working with fall arrests systems or in compliance with the
provisions of Sec. 214.103(b)(2), (c) or (d). These provisions
establish exceptions to the general requirement for protection against
drowning. The exceptions include situations where there is little or no
risk of falling, since bridge workers are working on bridges with
walkways and railings, or, when on bridges with roadways, are working
more than six feet from the edge of a roadway deck or any opening
through which they could fall.
Regulatory Impact
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of FRA's dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (volume 65, number 70; pages 19477-78), or you may visit
https://dms.dot.gov.
Executive Order 12866 and DOT Regulatory Policies and Procedures
This amendment clarifying the final rule has been evaluated in
accordance with existing policies and procedures and is not considered
significant under Executive Order 12866 or under DOT policies and
procedures. The minor technical changes made in this amendment will not
increase the costs or alter the benefits associated with this
regulation to any measurable degree.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of rules to assess their impact on small entities.
This amendment to the final rule clarifies existing requirements. The
changes will have no new direct or indirect economic impact on small
units of government, businesses, or other organizations. Therefore, it
is certified that this rule will not have a significant economic impact
on a substantial number of small entities under the provisions of the
Regulatory Flexibility Act.
Paperwork Reduction Act
There are no paperwork requirements associated with this amendment
of the final rule.
Environmental Impact
FRA has evaluated this amendment in accordance with its procedures
for ensuring full consideration of the environmental impact of FRA
actions, as required by the National Environmental Policy Act (42
U.S.C. 4321 et seq.), other environmental statutes, Executive Orders,
and DOT Order 5610.1c. The amendment meets the criteria establishing
this as a non-major action for environmental purposes.
Federalism Implications
This amendment will not have a substantial effect 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. Thus, in accordance with Executive Order 13132,
preparation of a Federalism Assessment is not warranted.
Compliance With the Unfunded Mandates Reform Act of 1995
Pursuant to the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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).'' Sec. 201. Section 202 of the Act 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
$120,700,000 or more 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 rule issued today does not include any mandates which will result
in the expenditure, in the aggregate, of $120,700,000 or more in any
one year, and thus preparation of a statement is not required.
List of Subjects in 49 CFR Part 214
Bridges, Fall arrest equipment, Incorporation by reference,
Occupational safety and health,
[[Page 7050]]
Personal protective equipment, Railroad employees, Railroad safety.
The Interim Final Rule
0
In consideration of the foregoing, FRA amends part 214 of chapter II,
subtitle B of title 49, Code of Federal Regulations, as follows:
PART 214--[AMENDED]
0
1. The authority for part 214 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301, 21304; 28 U.S.C. 2461,
note; and 49 CFR 1.49.
0
2. Section 214.107 is revised to read as follows:
Sec. 214.107 Working over or adjacent to water.
(a) Bridge workers working over or adjacent to water with a depth
of four feet or more, or where the danger of drowning exists, shall be
provided and shall use life vests or buoyant work vests in compliance
with U.S. Coast Guard requirements in 46 CFR 160.047, 160.052, and
160.053. Life preservers in compliance with U.S. Coast Guard
requirements in 46 CFR 160.055 shall also be within ready access. This
section shall not apply to bridge workers using personal fall arrest
systems or safety nets that comply with this subpart or to bridge
workers who are working under the provisions of Sec. 214.103(b)(2),
(c) or (d) of this subpart.
(b) Prior to each use, all flotation devices shall be inspected for
defects that reduce their strength or buoyancy by designated
individuals trained by the railroad or railroad contractor. Defective
units shall not be used.
(c) Where life vests are required by paragraph (a) of this section,
ring buoys with at least 90 feet of line shall be provided and readily
available for emergency rescue operations. Distance between ring buoys
shall not exceed 200 feet.
(d) Where life vests are required, at least one lifesaving skiff,
inflatable boat, or equivalent device shall be immediately available.
If it is determined by a competent person that environmental
conditions, including weather, water speed, and terrain, merit
additional protection, the skiff or boat shall be manned.
Issued in Washington, DC, on February 2, 2005.
Robert D. Jamison,
Acting Federal Railroad Administrator.
[FR Doc. 05-2560 Filed 2-9-05; 8:45 am]
BILLING CODE 4910-06-P
