Signal System Reporting Requirements, 36738-36742 [2013-14602]

Agencies

• Federal Railroad Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Proposed Rules]
[Pages 36738-36742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14602]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 233

[Docket No. FRA-2012-0104, Notice No. 1]
RIN 2130-AC44


Signal System Reporting Requirements

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: As part of a paperwork reduction initiative, FRA is proposing 
to eliminate the regulatory requirement that each carrier must file 
with FRA a signal system status report every five years. FRA believes 
the report is no longer necessary because advances in technology have 
made it possible for more updated information regarding railroad signal 
systems to be available to FRA through alternative sources. Separately, 
FRA is proposing to amend the criminal penalty provision in the Signal 
System Reporting Requirements by updating an outdated statutory 
citation.

DATES: Written comments must be received by August 19, 2013. Comments 
received after that date will be considered to the extent possible 
without incurring additional delay or expense.
    FRA anticipates being able to resolve this rulemaking without a 
public, oral hearing. However, if FRA receives a specific request for a 
public, oral hearing prior to July 19, 2013, one will be scheduled, and 
FRA will publish a supplemental notice in the Federal Register to 
inform interested parties of the date, time, and location of any such 
hearing.

ADDRESSES: You may submit comments related to Docket No. FRA-2012-0104, 
Notice No. 1, by any one of the following methods:
     Fax: 1-202-493-2251;
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590;
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays; or
     Web site: Electronically through the Federal eRulemaking 
Portal, https://www.regulations.gov. Follow the online instructions for 
submitting comments.
    Instructions: All submissions must include the agency name, docket 
name, and docket number or Regulatory Identification Number (RIN) for 
this rulemaking. Note that all comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading in the 
SUPPLEMENTARY INFORMATION section of this document for Privacy Act 
information related to any submitted comments or materials.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov at any time or to 
the U.S. Department of Transportation, Docket Operations, M-30, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5

[[Page 36739]]

p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Crain, Electronic Engineer, 
Signal and Train Control Division, Office of Railroad Safety, FRA, 1200 
New Jersey Avenue SE., W35-226, Washington, DC 20590 (telephone: (202) 
493-6257), sean.crain@dot.gov, or Stephen N. Gordon, Trial Attorney, 
Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., W31-209, 
Washington, DC 20590 (telephone: (202) 493-6001), 
stephen.n.gordon@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Explanation of Proposed Regulatory Action

A. Elimination of the Signal System Five-[Y]ear Report

    On May 14, 2012, President Obama issued Executive Order (E.O.) 
13610--Identifying and Reducing Regulatory Burdens, which seeks ``to 
modernize our regulatory system and to reduce unjustified regulatory 
burdens and costs.'' See 77 FR 28469. The Executive Order directs each 
executive agency to conduct retrospective reviews of its regulatory 
requirements to identify potentially beneficial modifications to 
regulations. Executive agencies are to ``give priority, consistent with 
the law, to those initiatives that will produce significant 
quantifiable monetary savings or significant quantifiable reductions in 
paperwork burdens while protecting public health, welfare, safety and 
our environment.'' See id. at 28470.
    FRA has initiated a review of its existing regulations in 
accordance with E.O. 13610 and the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501 et seq., with the goal of identifying regulations that can 
be amended or eliminated, thereby reducing the paperwork and reporting 
burden on carriers that are subject to FRA jurisdiction. One area where 
FRA believes it can help reduce the railroad industry's reporting 
burden is by eliminating the Signal System Five-Year reporting 
requirement. See 49 CFR 233.9.
    Section 233.9 currently requires each carrier to complete and 
submit an FRA Form F6180.47, Signal System Five-Year Report, in 
accordance with the instructions and definitions on the form. The 
information reported on FRA Form F6180.47 is intended to update FRA on 
the status of a railroad's signal system. It historically has been used 
to monitor changes in the types of signal systems installed and the 
methods of operation used on the Nation's railroads.
    Prior to 1997, carriers were required to submit a Signal System 
Annual Report by April 15 of each year. However, based on a regulatory 
review, FRA extended the reporting requirement to every five years 
rather than annually. See 61 FR 33871 (July 1, 1996). FRA determined 
that a five-year reporting period would significantly reduce the 
reporting burden on the railroads while still meeting the informational 
needs of the government. Therefore, in July 1996, FRA amended Sec.  
233.9 to require that ``[n]ot later than April 1, 1997 and every 5 
years thereafter, each carrier shall file with FRA a signal system 
status report ``Signal System Five-[Y]ear Report'' on a form to be 
provided by FRA in accordance with instructions and definitions 
provided on the report.''
    For the 2012 reporting period, FRA transitioned the Signal System 
Five-Year Report form into an electronic format. The electronic form 
required all of the same information as the paper form but could be 
submitted via the Internet. The form was due to be submitted by no 
later than April 1, 2012, and pertained to signal systems in service on 
or after January 1, 2012. The next five-year report is not due until 
April 2017. The present rulemaking would eliminate the reporting 
requirement in its entirety for April 2017 and thereafter.
    FRA believes that the Signal System Five-Year Report is no longer 
necessary for several reasons. The data collected in the Signal System 
Five-Year Report can quickly become outdated. Railroads normally modify 
signal systems far more frequently than once every five years. Indeed, 
FRA has generally found that signal system modifications occur with 
such frequency under 49 CFR Sec. Sec.  235.5 and 235.7, that the Signal 
System Five-Year Report often is out-of-date by the time it is received 
by FRA.
    Moreover, FRA has other viable means to monitor a carrier's signal 
system. It is better able to monitor the status of a railroad signal 
system through the use of more frequently collected agency data--such 
as the Block Signal Application, see 49 CFR 235.5--which provide the 
agency much more detailed and useful information. The development and 
expansion of electronic reporting methods also allow railroads to more 
frequently report to FRA information similar to that which is captured 
in the Signal System Five-Year Report. This ability gives FRA a better 
``real-time'' understanding of a carrier's signal system than the 
agency can get from a report that is filed once every five years. As a 
result, FRA currently relies on the more up-to-date sources for signal 
system data and has little use for the information collected in the 
Signal System Five-Year Report.
    Finally, the railroad industry and the general public do not appear 
to derive any useful benefit or information from the Signal System 
Five-Year Report. The feedback FRA has received from the industry and 
the general public indicates that, as expected, the data contained in 
the report was not useful in providing up-to-date information about 
railroad signal systems. As a result, FRA is confident that eliminating 
the report will not result in the railroad industry or the general 
public being less informed about railroad signal systems.

B. Updating U.S. Code Citations in Part 233

    Administrative amendments are sometimes necessary to address 
citations that have become outdated due to the actions of Congress. 
This is particularly true when the basis for a legal requirement is 
moved to a different title, chapter, or section of the U.S. Code. 
Federal regulations do not ``auto-correct'' for these types of changes. 
Therefore, it is incumbent on agencies to monitor their regulations and 
make appropriate changes whenever feasible. FRA has identified a 
citation in 49 CFR 233.13(b)--referencing 49 U.S.C. 438(e)--that should 
be amended for this reason, and proposes to make that amendment in this 
rulemaking.
    The subject statutory provision arises out of the former Federal 
Railroad Safety Act of 1970 (FRSA), which was enacted on October 16, 
1970. See Public Law 91-458. Section 209 of the FRSA, as originally 
enacted, contained a civil penalty provision that was codified at 45 
U.S.C. 438. While the statute did not contain a criminal penalty 
provision when it was first enacted, Congress eventually determined 
that there may be situations where criminal penalties are warranted for 
violations of the law. Accordingly, the FRSA was amended on October 10, 
1980. See Public Law 96-423. Among other things, the 1980 amendment 
added paragraph (e) to section 209, establishing that criminal 
penalties may be assessed against any person who knowingly and 
willfully makes a false entry in a required record or report; destroys, 
mutilates, changes, or otherwise falsifies a required record or report; 
fails to enter specified facts or transactions in a required record or 
report; makes, prepares, or preserves a record or report in violation 
of an applicable regulation or order; or files a false record or report 
with the Secretary of Transportation. This revision to the FRSA was 
codified at 45 U.S.C. 438(e).
    In 1984, FRA amended its Signal and Train Control Regulations, 
including 49 CFR Part 233. See 49 FR 3374 (Jan. 26, 1984). Section 
233.13(b) was amended

[[Page 36740]]

at this time to read ``[w]hoever knowingly and willfully--[f]iles a 
false report or other document required to be filed by this part is 
subject to a $5,000 fine and 2 years imprisonment as prescribed by 49 
U.S.C. 522(a) and section 209(e) of the Federal Railroad Safety Act of 
1970, as amended (45 U.S.C. 438(e)).'' This language reflected the 
added statutory authority that Congress provided in its 1980 amendment 
to the FRSA.
    Congress, however, was not done making changes that applied to 
section 209(e) of the FRSA. In 1994, Congress enacted a law to 
``revise, codify, and enact without substantive change certain general 
and permanent laws, related to transportation'' under title 49 of the 
U.S. Code. See Public Law 101-272. As a result, most Federal railroad 
safety laws were moved from title 45 to title 49. This included the 
criminal penalty provision of the FRSA, which was repealed at 45 U.S.C. 
438(e) and recodified at 49 U.S.C. 21311. This statutory change 
rendered the citation in 49 CFR 233.13(b) outdated, and FRA has not, 
prior to this date, sought to amend the regulatory provision. Given 
that FRA has begun the present rulemaking addressing part 233, it views 
now as an appropriate time to update the citation in paragraph (b) of 
section 233.13.

II. Section-by-Section Analysis

Part 233--Signal System Reporting Requirements

Section 233.9 Reports
    FRA proposes eliminating the Signal System Five-Year Report 
required by this section and reserving the section for future use. 
Eliminating this reporting requirement will reduce the railroad 
industry's paperwork burden in a way that does not endanger the public 
health, welfare, and safety or our environment. FRA has identified 
three specific reasons supporting the elimination of this reporting 
requirement. First, the information contained in the Signal System 
Five-Year Report quickly becomes obsolete. Second, FRA is better able 
to determine the status of a railroad's signal system through other 
more frequently collected types of information. Third, the report does 
not generally appear to contain information that is useful to the 
railroad industry or the general public.
Section 233.13 Criminal Penalty
    FRA proposes making an administrative change to paragraph (b) of 
this section to correct an out-of-date citation to the U.S. Code. 
Paragraph (b) provides that it is unlawful to knowingly and willfully 
file a false report required by part 233. Such conduct is punishable 
with a fine of $5000 and up to two years imprisonment. The paragraph 
cites to 45 U.S.C. 438(e) as statutory support for the criminal 
penalties; however, this statutory provision was repealed and 
recodified under a different title of the U.S. Code as part of a 
reorganization of the Federal railroad safety statutes by Congress. The 
provision is currently housed at 49 U.S.C. 21311. The proposed 
amendment would correct the outdated citation in paragraph (b) by 
replacing 45 U.S.C. 438(e) with 49 U.S.C. 21311.
Appendix A to Part 233--Schedule of Civil Penalties
    Appendix A to part 233 contains a schedule of civil penalties for 
use in connection with this part. Because such penalty schedules are 
statements of agency policy, notice and comment are not required prior 
to their issuance. See 5 U.S.C. 553(b)(3)(A). Nevertheless, FRA intends 
to amend this appendix in issuing the final rule to remove and reserve 
the entry for Sec.  233.9, in accordance with this proposal.

III. Regulatory Impact

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

    This rulemaking proposes eliminating the requirement in 49 CFR 
233.9 that each railroad file with FRA a Signal System Five-Year 
Report. The proposed rule has been evaluated in accordance with 
existing policies and procedures. It is not considered a significant 
regulatory action under E.O. 12866 and E.O. 13563. This rule also is 
not significant under the DOT Regulatory Policies and Procedures. 44 FR 
11034 (Feb. 26, 1979). A regulatory impact analysis addressing the 
economic impact of this proposed rule has been prepared and placed in 
the docket.
    As part of the regulatory evaluation, FRA has explained the 
benefits of this proposed rule and provided monetized assessments of 
the value of such benefits. The proposed rule would eliminate the cost 
associated with submitting a Signal System Five-Year Report. Each 
railroad currently expends approximately one hour of labor to prepare 
and submit the report to FRA every five years. For the 20-year period 
analyzed, the estimated cost savings would be $234,265. The present 
value of this is $113,929 (using a 7 percent discount rate). This 
regulation only reduces the burden on railroads; it does not impose any 
additional costs. Therefore, the net benefit of this proposed 
rulemaking would be $113,929 (present value, 7 percent). FRA requests 
comments on all aspects of this regulatory evaluation and its 
conclusions.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq., and 
E.O. 13272, 67 FR 53461 (Aug. 16, 2002), require agency review of 
proposed and final rules to assess their impact on small entities. An 
agency must prepare an initial regulatory flexibility analysis (IRFA) 
unless it determine and certifies that a rule, if promulgated, would 
not have a significant impact on a substantial number of small 
entities. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the FRA Administrator certifies that this proposed rule would 
not have a significant economic impact on a substantial number of small 
entities. This proposed rule would affect all railroads, including 
small railroads. However, the effect on these railroads would be purely 
beneficial and not significant, as it would reduce their labor burden 
by eliminating the need to file a Signal System Five-Year Report.
    ``Small entity'' is defined in 5 U.S.C. 601 as including a small 
business concern that is independently owned and operated, and is not 
dominant in its field of operation. The U.S. Small Business 
Administration (SBA) has authority to regulate issues related to small 
businesses, and stipulates in its size standards that a ``small 
entity'' in the railroad industry is a for profit ``line-haul 
railroad'' that has fewer than 1,500 employees, a ``short line 
railroad'' with fewer than 500 employees, or a ``commuter rail system'' 
with annual receipts of less than seven million dollars. See ``Size 
Eligibility Provisions and Standards,'' 13 CFR Part 121, subpart A. 
Additionally, 5 U.S.C. 601(5) defines as ``small entities'' governments 
of cities, counties, towns, townships, villages, school districts, or 
special districts with populations less than 50,000. Federal agencies 
may adopt their own size standards for small entities, in consultation 
with SBA and in conjunction with public comment. Pursuant to that 
authority, FRA has published a final statement of agency policy that 
formally establishes ``small entities'' or ``small businesses'' as 
being railroads, contractors, and hazardous materials shippers that 
meet the revenue requirements of a Class III railroad as set forth in 
49 CFR 1201.1-1, which is $20 million or less in inflation-adjusted 
annual revenues, and commuter railroads or small governmental 
jurisdictions that serve populations of

[[Page 36741]]

50,000 or less. See 68 FR 24891 (May 9, 2003), codified at appendix C 
to 49 CFR Part 209. The $20-million limit is based on the Surface 
Transportation Board's revenue threshold for a Class III railroad. 
Railroad revenue is adjusted for inflation by applying a revenue 
deflator formula in accordance with 49 CFR 1201.1-1. FRA is using this 
definition for this rulemaking.
    FRA estimates that there are 719 Class III railroads, all of which 
would be affected by this proposed rule. However, the impact on these 
small railroads would not be significant. FRA estimates that each 
report takes approximately one labor hour to prepare and submit to FRA. 
The elimination of this reporting requirement would save each railroad 
one hour of labor every five years. Therefore, this proposed rule would 
have a positive effect on these railroads, saving each railroad 
approximately $307 (non-discounted) in labor costs over the 20-year 
analysis. Since this amount is extremely small and entirely beneficial, 
FRA concludes that this proposed rule would not have a significant 
impact on these railroads.
    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601(b), FRA 
certifies that this proposed rule would not have a significant impact 
on a substantial number of small entities. Although a substantial 
number of small railroads would be affected by the proposed rule, the 
impact on these entities would be minimal and positive. FRA requests 
comments on all aspects of this certification.

C. Federalism

    Executive Order 13132, ``Federalism'', 64 FR 43255 (Aug. 10, 1999), 
requires FRA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' are defined in the Executive Order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' Under E.O. 13132, the agency may not 
issue a regulation with federalism implications that imposes 
substantial direct compliance costs and that is not required by 
statute, unless the Federal government provides the funds necessary to 
pay the direct compliance costs incurred by State and local 
governments, the agency consults with State and local governments, or 
the agency consults with State and local government officials early in 
the process of developing the regulation. Where a regulation has 
federalism implications and preempts State law, the agency seeks to 
consult with State and local officials in the process of developing the 
regulation.
    This NPRM has been analyzed in accordance with the principles and 
criteria contained in E.O. 13132. FRA has determined that, if adopted, 
the proposed rule would not 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. In addition, FRA has determined that this 
proposed rule will not impose substantial direct compliance costs on 
State and local governments. Therefore, the consultation and funding 
requirements of E.O. 13132 do not apply.
    However, this proposed rule could have preemptive effect by 
operation of law under certain provisions of the Federal railroad 
safety statutes, specifically the former Federal Railroad Safety Act of 
1970 (FRSA), repealed and recodified at 49 U.S.C. 20106, and the former 
Signal Inspection Act of 1937, repealed and recodified at 49 U.S.C. 
20501-20505. See Pub. L. 103-272 (July 5, 1994). 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.
    In sum, FRA has analyzed this proposed rule in accordance with the 
principles and criteria contained in E.O. 13132. As explained above, 
FRA has determined that this proposed rule has no federalism 
implications, other than the possible preemption of State laws under 
the former FRSA. Accordingly, FRA has determined that preparation of a 
federalism summary impact statement for this proposed rule is not 
required.

D. International Trade Impact Assessment

    The Trade Agreement Act of 1979, Public Law 96-39, 93 Stat. 144 
(July 26, 1979), prohibits Federal agencies from engaging in any 
standards or related activities that create unnecessary obstacles to 
the foreign commerce of the United States. Legitimate domestic 
objectives, such as safety, are not considered unnecessary obstacles. 
The statute also requires consideration of international standards and 
where appropriate, that they be the basis for U.S. standards. This 
rulemaking is purely domestic in nature and is not expected to affect 
trade opportunities for U.S. firms doing business overseas or for 
foreign firms doing business in the United States.

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501, et 
seq., Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. FRA has carefully reviewed the 
proposed rule and any potential PRA implications. Since the present 
rulemaking would eliminate the reporting requirement associated with 
Sec.  233.9 in its entirety for April 2017 and thereafter, there is no 
change to the currently approved burden under OMB No. 2130-0006.
    Organizations and individuals desiring to obtain a copy of the 
above currently approved collection of information should contact Mr. 
Robert Brogan or Ms. Kimberly Toone via mail at FRA, 1200 New Jersey 
Ave. SE., Third Floor, Washington, DC 20590. Copies may also be 
obtained by telephoning Mr. Brogan at (202) 493-6292 or Ms. Toone at 
(202) 493-6132. (These numbers are not toll-free). Additionally, copies 
may be obtained via email by contacting Mr. Brogan or Ms. Toone at the 
following addresses: Robert.Brogan@dot.gov; Kim.Toone@dot.gov.

F. Compliance with the Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 
1995, Pub. L. 104-4, 2 U.S.C. 1531, each Federal agency ``shall, unless 
otherwise prohibited by law, assess the effects of Federal regulatory 
actions on State, local, and tribal governments, and the private sector 
(other than to the extent that such regulations incorporate 
requirements specifically set forth in law).'' Section 202 of the Act, 
see 2 U.S.C. 1532, further requires that ``before promulgating any 
general notice of proposed rulemaking that is likely to result in the 
promulgation of any rule that includes any Federal mandate that may 
result in expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100,000,000 or more (adjusted 
annually for inflation) in any 1 year, and before promulgating any 
final rule for

[[Page 36742]]

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 proposed rule 
would not result in the expenditure, in the aggregate, of $100,000,000 
or more (adjusted for inflation) in any one year, and thus preparation 
of such a statement is not required.

G. Environmental Assessment

    FRA has evaluated this proposed rule in accordance with its 
``Procedures for Considering Environmental Impacts'' (FRA's 
Procedures), 64 FR 28545 (May 26, 1999), as required by the National 
Environmental Policy Act, 42 U.S.C. 4321 et seq., other environmental 
statutes, Executive Orders, and related regulatory requirements. FRA 
has determined that this proposed rule is not a major FRA action 
(requiring the preparation of an environmental impact statement or 
environmental assessment) because it is categorically excluded from 
detailed environmental review pursuant to section 4(c)(20) of FRA's 
Procedures. See 64 FR 28547 (May 26, 1999).
    In accordance with section 4(c) and (e) of FRA's Procedures, the 
agency has further concluded that no extraordinary circumstances exist 
with respect to this regulation that might trigger the need for a more 
detailed environmental review. As a result, FRA finds that this 
proposed rule is not a major Federal action significantly affecting the 
quality of the human environment.

H. Energy Impact

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

I. Privacy Act

    FRA wishes to inform all potential commenters that anyone is able 
to search the electronic form of all comments received into any agency 
docket 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, see 65 FR 19477-78, 
or you may visit https://www.regulations.gov/#!privacyNotice.

List of Subjects in 49 CFR Part 233

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

The Proposal

    In consideration of the foregoing, FRA proposes to amend part 233 
of chapter II, subtitle B of title 49 of the Code of Federal 
Regulations as follows:

PART 233--[AMENDED]

0
1. The authority citation for part 233 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20501-20505, 21311; 28 U.S.C. 
2461, note; and 49 CFR 1.89.


Sec.  233.9  [Removed and reserved]

0
2. Section 233.9 is removed and reserved.


Sec.  233.13  [Amended]

0
3. Amend Sec.  233.13 in paragraph (b) by removing the citation ``45 
U.S.C. 438(e)'' and adding ``49 U.S.C. 21311'' in its place.

Appendix A to Part 233--[Amended]

    4. Appendix A is amended by removing and reserving the entry for 
``Sec.  233.9 Annual reports''.

    Issued in Washington, DC on June 7, 2013.
Joseph C. Szabo,
Administrator, Federal Railroad Administration.
[FR Doc. 2013-14602 Filed 6-18-13; 8:45 am]
BILLING CODE 4910-06-P