Railroad Workplace Safety, 43325-43327 [05-14756]
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Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
impact overall is positive, we certify
that the action described will not result
in a significant economic impact on a
substantial number of small entities.
9. Further, we certify that our
decision to modify the preliminary
handset deployment benchmark for Tier
I wireless carriers will not have a
significant economic impact on a
substantial number of small entities.
Tier I wireless carriers are not small.
10. The Commission will send a copy
of the Order on Reconsideration,
including a copy of this Final
Regulatory Flexibility Certification, in a
report to Congress pursuant to the
Congressional Review Act. In addition,
the Order on Reconsideration and this
final certification will be sent to the
Chief Counsel for Advocacy of the SBA.
III. Ordering Clauses
11. Pursuant to the authority of
sections 1, 4(i), 7, 10, 201, 202, 208, 214,
301, 302, 303, 308, 309(j), 310, and 710
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 157,
160, 201, 202, 208, 214, 301, 302, 303,
308, 309(j), 310, and 610, this Order on
Reconsideration is adopted.
12. It is further ordered that the
amendment of the Commission’s rules,
47 CFR part 20, as specified in
Appendix B of the Order on
Reconsideration are effective, August
26, 2005.
13. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by the Cellular Telecommunications
and Internet Association is granted in
part and denied in part to the extent set
forth herein.
14. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by Verizon Wireless is granted in part
and denied in part to the extent set forth
herein.
15. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by Research in Motion Limited is
granted to the extent set forth herein.
16. It is further ordered that the
petition for reconsideration of the
Hearing Aid Compatibility Order filed
by the TDMA Carriers (Public Service
Cellular Inc., Missouri RSA No. 7
Limited Partnership dba Mid Missouri
Cellular; Minnesota Southern Wireless
Company dba Hickory Tech, Northwest
Missouri Cellular Limited Partnership,
Illinois Valley Cellular RSA 2–1 Limited
Partnership, Illinois Valley Cellular 2–II
Limited Partnership and Illinois Valley
RSA 2–III Limited Partnership) and
Rural Telecommunications Group and is
VerDate jul<14>2003
18:34 Jul 26, 2005
Jkt 205001
granted in part to the extent set forth
herein.
17. It is further ordered that the
Commission’s Consumer Information
Bureau, Reference Information Center,
shall send a copy of the Order on
Reconsideration and the Final
Regulatory Flexibility Certification to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 20
Communications common carriers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 20 as
follows:
I
PART 20—COMMERCIAL MOBILE
RADIO SERVICES
1. The authority citation for part 20
continues to read as follows:
I
Authority: 47 U.S.C. 154, 160, 201, 251–
254, 303, and 332 unless otherwise noted.
2. Section 20.19 is amended by adding
paragraph (b)(4) and by revising
paragraphs (c)(2) and (c)(3)(i) to read as
follows:
I
§ 20.19 Hearing aid-compatible mobile
handsets.
*
*
*
*
*
(b) * * *
(4) All factual questions of whether a
wireless phone meets the technical
standard of this subsection shall be
referred for resolution to Chief, Office of
Engineering and Technology, Federal
Communications Commission, 445 12th
Street SW., Washington, DC 20554.
(c) * * *
(2) And each provider of public
mobile radio services must:
(i)(A) Include in its handset offerings
at least two handset models per air
interface that comply with § 20.19(b)(1)
by September 16, 2005, and make
available in each retail store owned or
operated by the provider all of these
handset models for consumers to test in
the store; or
(B) In the event a provider of public
mobile radio services is using a TDMA
air interface and plans to overbuild (i.e.,
replace) its network to employ
alternative air interface(s), it must:
(1) Offer two handset models that
comply with § 20.19(b)(1) by September
16, 2005, to its customers that receive
service from the overbuilt (i.e., nonTDMA) portion of its network, and
make available in each retail store it
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43325
owns or operates all of these handset
models for consumers to test in the
store:
(2) Overbuild (i.e., replace) its entire
network to employ alternative air
interface(s), and
(3) Complete the overbuild by
September 18, 2006; and
(ii) Ensure that at least 50 percent of
its handset models for each air interface
comply with § 20.19(b)(1) by February
18, 2008, calculated based on the total
number of unique digital wireless
handset models the carrier offers
nationwide.
(3) * * *
(i)(A) Include in its handset offerings
four digital wireless handset models per
air interface or twenty-five percent of
the total number of digital wireless
handset models offered by the carrier
nationwide (calculated based on the
total number of unique digital wireless
handset models the carrier offers
nationwide) per air interface that
comply with § 20.19(b)(1) by September
16, 2005, and make available in each
retail store owned or operated by the
carrier all of these handset models for
consumers to test in the store; and
(B) Include in its handset offerings
five digital wireless handset models per
air interface or twenty-five percent of
the total number of digital wireless
handset models offered by the carrier
nationwide (calculated based on the
total number of unique digital wireless
handset models the carrier offers
nationwide) per air interface that
comply with § 20.19(b)(1) by September
16, 2006, and make available in each
retail store owned or operated by the
carrier all of these handset models for
consumers to test in the store; and
*
*
*
*
*
[FR Doc. 05–14613 Filed 7–26–05; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 214
[Docket No. FRA–2001–10426]
RIN 2130–AB63
Railroad Workplace Safety
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: On February 10, 2005, FRA
published an interim final rule
amending regulations on railroad
workplace safety to clarify an
E:\FR\FM\27JYR1.SGM
27JYR1
43326
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
ambiguous provision concerning the
circumstances under which life vests or
buoyant work vests are required for
bridge workers working over water. 70
FR 7047. As no comments were received
in response to the notice of interim final
rule, this document adopts the interim
final rule as a permanent final rule.
DATES: Effective Date: This rule becomes
effective July 27, 2005.
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:
Background
On June 24, 1992, FRA published
railroad workplace safety regulations in
49 CFR part 214. 57 FR 28127.
Subsequent amendments to that
regulation added Subpart C, Roadway
Worker Protection, and Subpart D, OnTrack 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 subsequently 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 referred to factual situations under
the regulation, where a bridge worker
who was located 12 feet or more over
the ground was prevented from falling
by hand rails, walkways, or acceptable
work procedures and was therefore not
required to use a personal fall arrest
system. However, if the same
circumstances prevailed on a bridge
over water, the bridge worker was
required to wear a life vest or buoyant
work vest even though the bridge
worker over water may have had the
same safety hand rails, walkways, or
acceptable work procedures in place as
the bridge worker had over dry land.
FRA considered this request, and found
that the situation addressed by NS was
not limited to one railroad. FRA
therefore considered it advisable to
provide an industry-wide resolution by
issuing a technical amendment to the
regulation.
On February 10, 2005, FRA published
an interim final rule amending section
214.107 to resolve this unintended
VerDate jul<14>2003
18:34 Jul 26, 2005
Jkt 205001
inconsistency. 70 FR 7047. Written
comments were due March 28, 2005;
however, no comments were received,
and the rule went into effect on April
11, 2005. The amendment now permits
the exceptions in sub-paragraph (b)(2),
and paragraphs (c) and (d) of § 214.103,
which previously only applied 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. The
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
No comments were received in
response to the interim final rule.
Accordingly, a section-by-section
analysis is unnecessary. Please see the
section-by-section analysis in the
interim final rule at 70 FR 7049.
Regulatory Impact
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This 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 rule 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 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 final rule.
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Fmt 4700
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Environmental Impact
FRA has evaluated this rule 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 rule meets the
criteria establishing this as a non-major
action for environmental purposes.
Federalism Implications
This final rule 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 published 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,
Personal protective equipment, Railroad
employees, Railroad safety.
The Final Rule
In consideration of the foregoing, the
interim final rule amending 49 CFR part
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27JYR1
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
214, which was published at 70 FR 7047
on February 10, 2005, is adopted as a
final rule without change.
Issued in Washington, DC on July 5, 2005.
Joseph H. Boardman,
Federal Railroad Administrator.
[FR Doc. 05–14756 Filed 7–26–05; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126333–5040–02; I.D.
072205C]
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the third seasonal apportionment of the
2005 Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 24, 2005, through 1200
hrs, A.l.t., September 1, 2005.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The third seasonal apportionment of
the 2005 Pacific halibut bycatch
allowance specified for the trawl deepwater species fishery in the GOA is 400
metric tons as established by the 2005
and 2006 harvest specifications for
groundfish of the GOA (70 FR 8958,
February 24, 2005), for the period 1200
hrs, A.l.t., July 5, 2005, through 1200
hrs, A.l.t., September 1, 2005.
VerDate jul<14>2003
18:34 Jul 26, 2005
Jkt 205001
In accordance with § 679.21(d)(7)(i),
the Administrator, Alaska Region,
NMFS, has determined that the third
seasonal apportionment of the 2005
Pacific halibut bycatch allowance
specified for the trawl deep-water
species fishery in the GOA has been
reached. Consequently, NMFS is
prohibiting directed fishing for the
deep-water species fishery by vessels
using trawl gear in the GOA. The
species and species groups that
comprise the deep-water species fishery
are all rockfish of the genera Sebastes
and Sebastolobus, deep-water flatfish,
rex sole, arrowtooth flounder, and
sablefish.
After the effective date of this closure
the maximum retainable amounts at
§§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of the deep-water
species fishery by vessels using trawl
gear in the GOA.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 22, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–14855 Filed 7–22–05; 3:27 pm]
BILLING CODE 3510–22–S
PO 00000
43327
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126332–5039–02; I.D.
072205B]
Fisheries of the Economic Exclusive
Zone Off Alaska; Yellowfin Sole in the
Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
AGENCY:
SUMMARY: NMFS is opening directed
fishing for yellowfin sole in the Bering
Sea and Aleutian Islands (BSAI). This
action is necessary to allow the
yellowfin sole fishery in the BSAI to
resume.
Effective 1200 hrs, Alaska local
time (A.l.t.), July 25, 2005, through 2400
hrs, A.l.t., December 31, 2005.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
NMFS closed directed fishing for
yellowfin sole in the BSAI under
§ 679.21(d)(7)(i) on May 19, 2005 (70 FR
29458, May 23, 2005).
NMFS has determined that as of June
20, 2005 approximately 7,862 metric
tons of yellowfin sole remain in the
2005 yellowfin sole TAC in the BSAI .
Therefore, in accordance with
§§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D),
and to allow the yellowfin sole fishery
to resume, NMFS is terminating the
previous closure and is reopening
directed fishing for yellowfin sole in the
BSAI. The reopening is effective 1200
hrs, Alaska local time (A.l.t.), July 25,
2005, through 2400 hrs, A.l.t., December
31, 2005.
DATES:
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
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27JYR1
]]>Agencies
[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43325-43327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14756]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 214
[Docket No. FRA-2001-10426]
RIN 2130-AB63
Railroad Workplace Safety
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On February 10, 2005, FRA published an interim final rule
amending regulations on railroad workplace safety to clarify an
[[Page 43326]]
ambiguous provision concerning the circumstances under which life vests
or buoyant work vests are required for bridge workers working over
water. 70 FR 7047. As no comments were received in response to the
notice of interim final rule, this document adopts the interim final
rule as a permanent final rule.
DATES: Effective Date: This rule becomes effective July 27, 2005.
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:
Background
On June 24, 1992, FRA published railroad workplace safety
regulations in 49 CFR part 214. 57 FR 28127. Subsequent amendments to
that regulation 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 subsequently 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 referred to
factual situations under the regulation, where a bridge worker who was
located 12 feet or more over the ground was prevented from falling by
hand rails, walkways, or acceptable work procedures and was therefore
not required to use a personal fall arrest system. However, if the same
circumstances prevailed on a bridge over water, the bridge worker was
required to wear a life vest or buoyant work vest even though the
bridge worker over water may have had the same safety hand rails,
walkways, or acceptable work procedures in place as the bridge worker
had over dry land. FRA considered this request, and found that the
situation addressed by NS was not limited to one railroad. FRA
therefore considered it advisable to provide an industry-wide
resolution by issuing a technical amendment to the regulation.
On February 10, 2005, FRA published an interim final rule amending
section 214.107 to resolve this unintended inconsistency. 70 FR 7047.
Written comments were due March 28, 2005; however, no comments were
received, and the rule went into effect on April 11, 2005. The
amendment now permits the exceptions in sub-paragraph (b)(2), and
paragraphs (c) and (d) of Sec. 214.103, which previously only applied
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. The 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
No comments were received in response to the interim final rule.
Accordingly, a section-by-section analysis is unnecessary. Please see
the section-by-section analysis in the interim final rule at 70 FR
7049.
Regulatory Impact
Executive Order 12866 and DOT Regulatory Policies and Procedures
This 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 rule 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 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 final
rule.
Environmental Impact
FRA has evaluated this rule 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 rule meets the criteria establishing this as a non-major
action for environmental purposes.
Federalism Implications
This final rule 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 published 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, Personal protective equipment, Railroad
employees, Railroad safety.
The Final Rule
In consideration of the foregoing, the interim final rule amending
49 CFR part
[[Page 43327]]
214, which was published at 70 FR 7047 on February 10, 2005, is adopted
as a final rule without change.
Issued in Washington, DC on July 5, 2005.
Joseph H. Boardman,
Federal Railroad Administrator.
[FR Doc. 05-14756 Filed 7-26-05; 8:45 am]
BILLING CODE 4910-06-P
