Railroad Workplace Safety, 15137-15143 [2022-05625]
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
evidence satisfactory to Escrow Agent of the
Commission’s acceptance has not been
presented to Escrow Agent, then Escrow
Agent shall request from Customer a list of
passenger names, addresses, deposit/fare
amounts and other information needed to
make refunds. On receipt of such list, Escrow
Agent shall return all passage fares held in
the Escrow Account as of the date of
termination specified in the notice to the
passengers, excepting only amounts
Customer is entitled to receive pursuant to
the terms of this Agreement for cruises
completed through the termination date
specified in the notice, and all interest which
shall be paid to Customer. Upon termination,
Customer shall pay all costs and fees
previously earned or incurred by Escrow
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funds or assets in the Escrow Account except
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20. This Agreement is for the benefit of the
parties hereto and, accordingly, each and
every provision hereof shall be enforceable
by any or each or both of them. Additionally,
this Agreement shall be enforceable by the
Commission. However, this Agreement shall
not be enforceable by any other party, person
or entity whatsoever.
21. (a) No amendments, modifications or
other change in the terms of this Agreement
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unless agreed upon in writing by Escrow
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(b) No party hereto may assign its rights or
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22. The foregoing provisions shall be
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23. The Commission shall have the right to
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be deemed to be an original and all of which
when taken together shall constitute one and
the same instrument.
27. This Agreement is made and delivered
in, and shall be construed in accordance with
the laws of the State of llllwithout
regard to the choice of law rules.
IN WITNESS WHEREOF, the undersigned
have each caused this Agreement to be
executed on their behalf as of the date first
above written.
By: lllllllllllllllllll
Title: llllllllllllllllll
15137
By the Commission.
William Cody,
Secretary.
[FR Doc. 2022–05568 Filed 3–16–22; 8:45 am]
BILLING CODE 6730–02–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 214
By: lllllllllllllllllll [Docket No. FRA–2019–0074]
Title: llllllllllllllllll RIN 2130–AC78
EXHIBIT A
ESCROW AGREEMENT, dated llllby
and between (Customer) and (Escrow Agent).
Passenger Vessels Owned or Chartered
ANNEX 1
RECOMPUTATION CERTIFICATE
To: Federal Maritime Commission
And To: (‘‘Bank’’)
The undersigned, the Controller of
llllhereby furnishes this Recomputation
Certificate pursuant to the terms of the
Escrow Agreement dated , between the
Customer and (‘‘Bank’’). Terms herein shall
have the same definitions as those in such
Escrow Agreement and Federal Maritime
Commission regulations.
I. Unearned Passenger Revenue as of
(‘‘Date’’) was: $ llll
a. Additions to unearned Passenger
Revenue since such date were:
1. Passenger Receipts: $ lllllllll
2. Other (Specify) $ lllllllllll
3. Total Additions: $ lllllllllll
b. Reductions in Unearned Passenger
Revenue since such date were:
1. Completed Cruises: $ lllllllll
2. Refunds and Cancellations: $ llllll
3. Other (Specify) $ lllllllllll
4. Total Reductions: $ llllllllll
II. Unearned Passenger Revenue as of the
date of this Recomputation Certificate is:
$ llll
a. Excess Escrow Amount $ llllllll
III. Plus the Required Fixed Amount:
$ llll
IV. Total Required in Escrow: $ llll
V. Current Balance in Escrow Account:
$ llll
VI. Amount to be Deposited in Escrow
Account: $ llll
VII. Amount of Escrow Account available
to Operator: $ llll
VIII. I declare under penalty of perjury that
the above information is true and correct.
Dated: lllllllllllllllll
(Signature) lllllllllllllll
Name: llllll
Title: llllll
(Signature) lllllllllllllll
Name: llllll
Title: llllll
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Railroad Workplace Safety
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
FRA is revising its regulations
governing railroad workplace safety to:
Allow for the use of alternative
cybersecurity standards for electronic
display systems used to view track
authority information for roadway
worker safety, and exempt certain
remotely operated roadway
maintenance machines from existing
heating, ventilation, and air
conditioning (HVAC) requirements for
enclosed cabs.
DATES: This final rule is effective March
17, 2022.
FOR FURTHER INFORMATION CONTACT:
Lance Hawks, Track Specialist, Office of
Railroad Safety, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
telephone: 678–633–7400, email:
Lance.Hawks@dot.gov; or Sam Gilbert,
Attorney Adviser, Office of Chief
Counsel, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590,
telephone: 202–493–0270, email:
Samuel.Gilbert@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Executive Summary
To ensure that regulations remain
current and effective for their intended
purpose, agencies periodically review
and propose amendments to their
regulations. Within this context, FRA
reviewed its 49 CFR part 214–Railroad
Workplace Safety regulations. As a
result of this review, on December 11,
2020, FRA published a notice of
proposed rulemaking (NPRM) proposing
two amendments to subparts C and D of
part 214 addressing Roadway Worker
Protection and On-Track Roadway
Maintenance Machines and Hi-Rail
Vehicles, respectively. 85 FR 79973.
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First, FRA proposed to revise § 214.322
(Exclusive track occupancy, electronic
display) to allow the use of alternative
cybersecurity standards for electronic
display systems used to view track
authority information. Second, FRA
proposed to revise § 214.505 (Required
environmental control and protection
systems for new on-track roadway
maintenance machines with enclosed
cabs) to exempt certain remotely
operated maintenance machines from
existing HVAC requirements.
FRA believes these provisions provide
flexibility to allow for the incorporation
of new and future technological
advances that may further improve
safety. FRA received two comments,
both supporting the NPRM’s proposals.
Accordingly, in this final rule, FRA is
adopting the NPRM’s proposed
amendments to part 214 as proposed.1
Given that this final rule will relieve
current regulatory restrictions, in
accordance with 5 U.S.C. 553(d)(1), it is
effective upon its publication in the
Federal Register.
FRA estimates that railroads would
experience approximately $5,900 in
paperwork reduction benefits over the
ten-year period of this analysis. The
present value (PV) 2 of these paperwork
reduction benefits, when discounted at
3- and 7-percent, is approximately
$5,000 and $4,100, respectively. The
annualized paperwork reduction
benefits are estimated to be
approximately $590 at both discount
rates. The table below presents the
estimated 10-year total paperwork
reduction benefits associated with the
final rule.
TABLE I–1—TOTAL 10-YEAR PAPERWORK REDUCTION BENEFITS
[2020 Dollars]
Present value
3%
Present value
7%
Annualized
3%
Annualized
7%
$5,207
$4,272
$610
$608
Total Paperwork Reduction Benefits ...............................................................
Because this final rule provides
railroads the flexibility to utilize
alternative cybersecurity standards for
electronic display systems at their
discretion, and codifies an existing
waiver, FRA concludes that there are no
associated costs.
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II. Discussion of Comments
As noted above, FRA received two
comments in response to the NPRM,
both supportive of the NPRM’s
proposals.
The Association of American
Railroads and the American Short Line
and Regional Railroad Association
jointly filed a comment concurring with
both NPRM proposals. Regarding FRA’s
proposal to revise § 214.322, the joint
comment stated: ‘‘Standards
incorporated by reference pose
challenges both for railroads and
regulators alike as they often quickly
become outdated. FRA’s approach [in
the NPRM] does not substantively
change the electronic authentication
technology that can be used by railroads
and avoids the need for unnecessary
waivers from obsolete standards.’’
The second comment, from a member
of the public, expressed support for the
NPRM’s proposals, noting that the
proposals would allow for the
utilization of new technology and
improve safety.
1 The final rule adopts the amendments exactly as
proposed in the NPRM, with the single exception
of the term ‘‘drone’’ being replaced with the phrase
‘‘remotely operated’’ in the amendment to
§ 214.505, for increased clarity, as explained below.
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III. Background and Overview of the
Final Rule
Exclusive Track Occupancy Track
Authority Electronic Display Systems
As explained in the NPRM, when a
roadway worker or work group
establishes exclusive track occupancy
working limits, and an electronic
display device is used to view track
authority information for that worker or
work group, § 214.322(h) requires the
device to provide ‘‘Level 3 assurance’’
as defined by the security standards of
the National Institute of Standards and
Technology (NIST) Special Publication
800–63–2, Electronic Authentication
Guideline, ‘‘Computer Security,’’
August 2013 (2013 Standard). ‘‘Level 3
assurance’’ means the display devices
must provide multi-factor remote
network authentication (for example, a
password or a biometric factor, such as
a fingerprint, used in combination with
a software or hardware token).
As also noted in the NPRM, since
adoption of § 214.322(h), NIST has
updated its computer security standards
several times. See 85 FR 79975
(identifying updates to the 2013
Standard). Further, FRA recognizes that
as cybersecurity standards continue to
change over time, other standards may
also provide multi-factor authentication.
Accordingly, FRA proposed to provide
additional flexibility for meeting the
electronic authentication requirements
of § 214.322(h) by adding a new
paragraph (i) to the section. As proposed
2 The present value of costs and paperwork
reduction benefits flows are calculated in this
analysis (over a 10-year period) to provide a way
of converting future amounts into equivalent dollars
today. The formula used to calculate these flows is:
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and adopted in this final rule, new
paragraph (i) provides that paragraph
(h)’s requirements may be satisfied so
long as an electronic display system
uses multi-factor authentication.
Remotely Operated Machine Waiver
Incorporation
As discussed in detail in the NPRM,
FRA may waive compliance with its
regulations if the waiver is ‘‘in the
public interest and consistent with
railroad safety.’’ 49 U.S.C. 20103(d); see
also 49 CFR 1.89(a). As also noted in the
NPRM, activity under a waiver of
regulatory compliance may generate
sufficient data and experience to
support an expansion of its scope,
applicability, and duration.
As also explained in the NPRM, in
2008, FRA granted a waiver from the
environmental control requirements of
§ 214.505(a) (such as heating, air
conditioning, and ventilation systems)
to Harsco Track Technologies, a railroad
equipment manufacturer for a newly
developed roadway maintenance
machine (RMM) designed to function
without a dedicated operator located on
the machine. See FRA–2008–0070
(available at www.regulations.gov).
Railroads have safely operated
equipment subject to this waiver since
2008 and the waiver has been
continually renewed. Accordingly, in
this final rule, FRA is adopting the
NPRM’s proposal to incorporate the
provisions of this waiver into regulation
in new paragraph (i) of § 214.505.
1/(1 + r)¥t, where ‘‘r’’ is the discount rate, and ‘‘t’’
is the year. Discount rates of 3 and 7 percent are
used in this analysis.
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IV. Section-by-Section Analysis
Section 214.322 Exclusive Track
Occupancy, Electronic Display
As discussed above and in more detail
in the NPRM, this final rule adds a new
paragraph (i) to § 214.322. New
paragraph (i) allows the use of
alternative electronic security standards
that provide multi-factor authentication,
other than the currently required 2013
NIST Standard. With this flexibility to
use alternative standards, FRA expects
industry may be able to use new
methods of electronic authentication
that are more secure than those
described by the 2013 Standard; more
secure authentication methods in turn
would make it more difficult for any
malicious actors to access track
authority information, and thus more
difficult to interfere with roadway work.
FRA therefore believes this amendment
in particular could lead to increased
safety for roadway workers.
Because FRA is adopting the
proposed amendment to § 214.322
exactly as proposed in the NPRM, FRA
refers readers to the section-by-section
discussion in the NPRM for a more
detailed discussion of this revision.
Section 214.505 Required
Environmental Control and Protection
Systems for New On-Track Roadway
Maintenance Machines With Enclosed
Cabs
As discussed above and in more detail
in the NPRM, this final rule adds a new
paragraph (i) to § 214.505. New
paragraph (i) exempts certain remotely
operated RMMs from existing HVAC
requirements.
The substance of the amendment
adopted in the final rule is the same as
that proposed in the NPRM; however,
FRA has decided to use the term
‘‘remotely operated’’ instead of ‘‘drone’’
when describing the RMMs at issue, to
avoid confusion with the usage of the
term ‘‘drone’’ in other contexts. Because
15139
five-year period with conditions and has
since continually renewed the waiver.
FRA expects no additional costs for this
requirement because FRA is codifying a
long-standing waiver.
FRA is otherwise adopting the proposed
amendment to § 214.505 exactly as
proposed in the NPRM, FRA refers
readers to the section-by-section
discussion in the NPRM for a more
detailed discussion of this revision.
Benefits
V. Regulatory Impact and Notices
Executive Order 12866
FRA has analyzed this final rule in
accordance with Section 3(f) of
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and determined
that it is not a significant rule.
FRA is revising its regulations
governing the minimum safety
requirements for railroad workplace
safety. These changes amend part 214 to
permit the use of alternative security
standards for electronic display systems
used to view track authority information
in § 214.322, and, consistent with an
existing waiver, exempt certain
remotely operated RMMs from
environmental control requirements in
§ 214.505(a), which include heating, air
conditioning, and ventilation systems.
Costs
Electronic Display Systems
Section 214.322(h) requires that
electronic display systems used to view
track authority information meet the
security standards defined by NIST
Special Publication 800–63–2,
Electronic Authentication Guideline,
‘‘Computer Security,’’ August 2013.
FRA is allowing electronic display
systems subject to § 214.322 to use
alternative standards for electronic
authentication, provided those systems
require stringent identity proofing
through multi-factor authentication.
FRA expects no additional costs for this
requirement as it is simply adding
flexibility.
The final rule will be beneficial for
regulated entities seeking to use
electronic display systems that meet
alternative cybersecurity standards for
electronic authentication and provide a
comparable or better level of identity
proofing and digital authentication as
that required by the 2013 NIST
Standard. The final rule will also reduce
the paperwork burden on regulated
entities by providing relief from
submitting waivers to FRA for the use
of certain roadway maintenance
machines.
FRA has estimated that paperwork
reduction benefits of this final rule will
result due to waiver codification, as the
final rule will reduce the need for
industry to submit waivers. These
estimates assume that, without the final
regulation, Harsco Track Technologies
will continue submitting a petition to
extend the waiver every five years. The
last renewal was approved in 2018. To
date, Harsco has been the sole entity
requesting this waiver from FRA, and
FRA does not expect any other entities
to apply for similar waivers over the
period of analysis.
FRA assumes that the cost for Harsco
to prepare and submit each waiver
would be approximately the same as it
is for FRA to process it. To calculate the
paperwork reduction benefits associated
with this waiver, FRA estimated the
labor hours required for FRA to review
and approve each waiver. Table V–1
below displays the breakdown of the
waiver review and submission cost for
each waiver.
HVAC Waiver Incorporation
As discussed above, in 2008, FRA
approved Harsco’s waiver petition for a
TABLE V–1—WAIVER SUBMISSION COSTS
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Title
Pay grade
Wage rate
Burdened
wage rate
(wages × 1.75)
Hours
Total wages
FRA Field Inspector .............................................................
Administrative Assistant (Field Office) .................................
Administrative Assistant (DC) ..............................................
Motive Power and Equipment Specialist (DC) ....................
GS–12
GS–12
GS–9
GS–14
$46.88
46.88
32.33
65.88
$82.04
82.04
56.58
115.29
8
4
4
16
$656.32
328.16
226.32
1,844.64
Total FRA Labor Cost per Renewal Waiver .................
........................
........................
........................
........................
3,055.44
For purposes of estimating waiver
costs for this analysis, FRA estimates
the associated renewals that would
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occur over the next 10 years. Table V–
2 shows the total paperwork reduction
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benefits for regulated entities to review
and submit waivers to FRA.
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TABLE V–2—WAIVER SUBMISSIONS PAPERWORK REDUCTION BENEFITS
[2020]
Analysis year
Number of
waivers
Paperwork reduction benefits
(undiscounted)
Paperwork reduction benefits
(discounted 3%)
Paperwork reduction benefits
(discounted 7%)
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
................................................
................................................
1
................................................
................................................
................................................
................................................
1
................................................
................................................
................................................
................................................
3,055
................................................
................................................
................................................
................................................
3,055
................................................
................................................
................................................
................................................
2,796
................................................
................................................
................................................
................................................
2,412
................................................
................................................
................................................
................................................
2,494
................................................
................................................
................................................
................................................
1,778
................................................
................................................
Total ..........
................................................
6,110
5,207
4,272
Alternatives
The final rule provides relief to
regulated entities by allowing the use of
alternative standards for electronic
display systems to comply with
§ 214.322(h) and by not having to
submit waivers to FRA. An alternative
to the final rule would be to maintain
the status quo.
If FRA does not modify § 214.322,
entities will continue to use the 2013
NIST Standard as the standard for
securing and transmitting data for
electronic display systems. Although
this standard is safe, FRA recognizes
that updated standards after the 2013
NIST Standard could allow the industry
to adopt newly developed technologies
and methods of data transmission that
are still compliant with § 214.322(h)
while providing comparable, or better,
levels of security.
FRA views the remotely operated
RMMs subject to the existing waiver as
an example of using emerging modern
technology to make railroad roadway
maintenance safer and more efficient.
FRA has verified that waivers allowing
remotely operated RMMs do not
negatively impact safety because FRA
has not seen an adverse impact to safety
while railroads have been operating
under this waiver. Therefore, issuing
this final rule removes unnecessary
paperwork burdens arising from
avoiding petitioning for and processing
waivers.
Results
FRA has estimated the paperwork
reduction benefits of this final rule and
displayed them in the table below.
TABLE V–3—TOTAL 10-YEAR PAPERWORK REDUCTION BENEFITS
[2020 Dollars]
Total Paperwork Reduction Benefits .......................................
As noted in the table above, FRA
estimates the total paperwork reduction
benefits for this final rule to be
approximately $5,000 (PV, 3-percent)
and $4,100 (PV, 7-percent). The
annualized paperwork reduction
benefits are estimated to be
approximately $590 (PV, 3-percent) and
$590 (PV, 7-percent).
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Regulatory Flexibility Act
When an agency issues a rulemaking
proposal, the Regulatory Flexibility Act
requires the agency to ‘‘prepare and
make available for public comment an
initial regulatory flexibility analysis’’
which will ‘‘describe the impact of the
proposed rule on small entities.’’ 5
U.S.C. 603(a). Section 605 of the RFA
allows an agency to certify a rule, in lieu
of preparing an analysis, if the
rulemaking is not expected to have a
significant economic impact on a
substantial number of small entities.
FRA certified this rule in the proposed
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Present value
3%
Present value
7%
Annualized
3%
Annualized
7%
$5,207
$4,272
$610
$608
stage. FRA requested comments
regarding the certification and received
no comments.
This final rule directly affects all
railroads, of which there are
approximately 746 on the general
system, and FRA estimates that
approximately 93 percent of these
railroads are small entities. Therefore,
FRA has determined that this final rule
will have an impact on a substantial
number of small entities.
However, FRA has determined that
the impact on entities affected by the
final rule will not be significant. The
effect of the final rule will be to allow
railroads the flexibility to choose the
optimal electronic display equipment
currently in the market, with the
required level of security, without
having to notify or seek approval from
FRA. Further, equipment manufacturers
will no longer need to seek FRA
approval to forego HVAC systems on a
remotely operated piece of equipment,
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consistent with the established safety of
a longstanding waiver. FRA expects the
impact of the final rule will be a
reduction in the paperwork burden for
railroads and manufacturers, as well as
future benefits from allowing
continually advancing security
standards to be incorporated without a
regulatory change. FRA asserts that the
economic impact of the reduction in
paperwork, if any, will be minimal and
entirely beneficial to small railroads.
Accordingly, the FRA Administrator
hereby certifies that this final rule will
not have a significant economic impact
on a substantial number of small
entities.
Paperwork Reduction Act
FRA is submitting the information
collection requirements in this final rule
to the Office of Management and Budget
(OMB) for approval under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501, et seq. The sections that
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contain the final and current
information collection requirements and
the estimated time to fulfill each
requirement are as follows:
Respondent
universe
Total annual
responses
Average time
per response
Form FRA F 6180.119—Part 214 Railroad Workplace Safety Violation Report.
214.307—Railroad on-track safety programs—RR
programs that comply with this part + copies at
system/division headquarters.
—RR notification to FRA not less than one month before on-track safety program takes effect.
—RR amended on-track safety programs after FRA
disapproval.
—RR written response in support of disapproved program.
214.309—RR publication of bulletins/notices reflecting changes in on-track safety manual.
214.311—RR written procedure to achieve prompt
and equitable resolution of good faith employee
challenges.
214.317—On-track safety procedures, generally, for
snow removal, weed spray equipment, tunnel
niche or clearing by.
214.318—Procedures established by railroads for
workers to perform duties incidental to those of inspecting, testing, servicing, or repairing rolling
equipment.
214.320—Roadway maintenance machines movement over signalized non-controlled track—RR request to FRA for equivalent level of protection to
that provided by limiting all train and locomotive
movements to restricted speed.
214.322—Exclusive track occupancy, electronic display—Written authorities/printed authority copy if
electronic display fails or malfunctions.
214.329—Train approach warning ..............................
– Written designation of watchmen/lookouts ..............
214.336—Procedures for adjacent track movements
over 25 mph: notifications/watchmen/lookout warnings.
—Procedures for adjacent track movements 25 mph
or less: notifications/watchmen/lookout warnings.
214.339—Audible warning from trains: written procedures that prescribe effective requirements for audible warning by horn and/or bells for trains.
214.343/345/347/349/351/353/355—Annual training
for all roadway workers (RWs)—Records of training.
214.503—Notifications for non-compliant roadway
maintenance machines or unsafe condition.
—Resolution procedures .............................................
214.505 Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs.
—Designations/additions to list ...................................
350 Safety Inspectors ....................
129 forms ...........
4 hours ...............
516
29,412
746 railroads ..................................
276 programs +
325 copies.
2 hours + 2 minutes.
563
42,788
746 railroads ..................................
276 notices .........
20 minutes .........
92
6,992
746 railroads ..................................
1 program ...........
4 hours ...............
4
304
746 railroads ..................................
1 written response.
100 bulletins/notices.
5 developed procedures.
20 hours .............
20
1,520
60 minutes .........
100
7,600
2 hours ...............
10
760
19 railroads ....................................
5 operating procedures.
2 hours ...............
10
760
746 railroads ..................................
19 rules/procedures.
2 hours ...............
38
2,888
746 railroads ..................................
5 requests ..........
4 hours ...............
20
1,520
3 Class I Railroads ........................
1,000 written authorities.
10 minutes .........
167
9,519
746 railroads ..................................
30 seconds ........
219
16,644
100 railroads ..................................
26,250 designations.
10,000 notices ....
5 seconds ..........
14
798
100 railroads ..................................
3,000 notices ......
5 seconds ..........
4
228
19 railroads ....................................
19 written procedures.
4 hours ...............
76
5,776
50,000 roadway workers ................
50,000 records ...
2 minutes ...........
1,667
126,692
50,000 roadway workers ................
125 notices .........
10 minutes .........
21
1,197
19 railroads/contractors .................
746/200 railroads/contractors ........
5 procedures ......
500 lists ..............
2 hours ...............
1 hour ................
10
500
760
38,000
692/200 railroads/contractors ........
150 additions/
designations.
10 stencils/displays.
1,000 stickers/
stencils.
3,700 identified
mechanisms.
500 + 500 requests + responses.
500 stencils/displays.
5 minutes ...........
13
988
5 minutes ...........
1
57
5 minutes ...........
83
4,731
5 minutes ...........
308
17,556
10 + 20 minutes
250
17,423
5 minutes ...........
42
2,394
5,000 records .....
500 tags + 500
reports.
550 tags + 550
reports.
250 records ........
5 minutes ...........
10 minutes + 15
minutes.
5 minutes + 15
minutes.
15 minutes .........
417
208
23,769
11,856
183
10,431
63
4,788
105,751 responses.
N/A .....................
5,619
388,151
60 railroads ....................................
19 railroads ....................................
—Stenciling or marking of remotely operated roadway maintenance machine (Revised requirement).
214.507—A-Built Light Weight on new roadway
maintenance machines.
214.511—Required audible warning devices for new
on-track roadway maintenance machines.
214.515—Overhead covers for existing on-track
roadway maintenance machines.
30 remotely operated machines ....
214.517—Retrofitting of existing on-track roadway
maintenance machines manufactured on or after
Jan. 1, 1991.
214.523—Hi-rail vehicles .............................................
—Non-complying conditions ........................................
692/200 railroads/contractors ........
692/200 railroads/contractors ........
692/200 railroads/contractors ........
692/200 railroads/contractors ........
692/200 railroads/contractors ........
692/200 railroads/contractors ........
214.527—Inspection for compliance—Repair schedules.
214.533—Schedule of repairs—Subject to availability
of parts.
692/200 railroads/contractors ........
Totals ....................................................................
746 railroads ..................................
692/200 railroads/contractors ........
Total annual
burden hours
Total annual
dollar cost
equivalent 3
CFR section subject
3 Throughout the tables in this document, the dollar equivalent cost is derived from the Surface Transportation Board’s Full Year Wage A&B data series using the
appropriate employee group hourly wage rate that includes 75 percent overhead charges.
VerDate Sep<11>2014
17:55 Mar 16, 2022
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
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All estimates include the time for
reviewing instructions, searching
existing data sources, gathering or
maintaining the needed data, and
reviewing the information. Pursuant to
44 U.S.C. 3506(c)(2)(B), FRA solicits
comments concerning: Whether these
information collection requirements are
necessary for the proper performance of
the functions of FRA, including whether
the information has practical utility; the
accuracy of FRA’s estimates of the
burden of the information collection
requirements; the quality, utility, and
clarity of the information to be
collected; and whether the burden of
collection of information on those who
are to respond, including through the
use of automated collection techniques
or other forms of information
technology, may be minimized. For
information or a copy of the paperwork
package submitted to OMB, contact Ms.
Hodan Wells, Information Collection
Clearance Officer, at 202–493–0440.
Organizations and individuals desiring
to submit comments on the collection of
information requirements should direct
them to Ms. Wells at the following
address: Hodan.Wells@.gov.
Federalism Implications
Executive Order 13132, ‘‘Federalism’’
(64 FR 43255, Aug. 10, 1999), requires
FRA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ are
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ Under Executive
Order 13132, agencies may not issue a
regulation with federalism implications
that imposes substantial direct
compliance costs and that is not
required by statute, unless the Federal
Government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or the agency consults
with State and local government
officials early in the process of
developing the regulation.
This final rule has been analyzed
consistent with the principles and
criteria in Executive Order 13132. This
final rule will not have a substantial
effect on the States or their political
subdivisions; it would not impose any
substantial direct compliance costs; and
it would not affect the relationships
between the Federal Government and
VerDate Sep<11>2014
16:41 Mar 16, 2022
Jkt 256001
the States or their political subdivisions,
or the distribution of power and
responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
However, this final rule could have
preemptive effect under certain
provisions of the Federal railroad safety
statutes, specifically the former Federal
Railroad Safety Act of 1970 (former
FRSA), repealed and re-codified at 49
U.S.C. 20106, and the former
Locomotive Boiler Inspection Act (LIA)
at 45 U.S.C. 22–34, repealed and recodified at 49 U.S.C. 20701–03. The
former FRSA provides that States may
not adopt or continue in effect any law,
regulation, or order related to railroad
safety or security that covers the subject
matter of a regulation prescribed or
order issued by the Secretary of
Transportation (with respect to railroad
safety matters) or the Secretary of
Homeland Security (with respect to
railroad security matters), except when
the State law, regulation, or order
qualifies under the ‘‘local safety or
security hazard’’ exception to Section
20106. Moreover, the U.S. Supreme
Court has held the former LIA preempts
the field concerning locomotive safety.
See Napier v. Atl. Coast Line R.R., 272
U.S. 605 (1926), and Kurns v. R.R.
Friction Prods. Corp., 565 U.S. 625
(2012). Therefore, it is possible States
would be preempted from addressing
the subjects covered by the final rule
(security standards for electronic
display systems used to display track
authority information and HVAC
systems on remotely operated
machines).
Environmental Impact
FRA has evaluated this final rule
consistent with the National
Environmental Policy Act (NEPA), 42
U.S.C. 4321, et seq., the Council of
Environmental Quality’s NEPA
implementing regulations at 40 CFR
parts 1500–1508, and FRA’s NEPA
implementing regulations at 23 CFR part
771, and determined that it is
categorically excluded from
environmental review and does not
require the preparation of an
environmental assessment (EA) or
environmental impact statement (EIS).
Categorical exclusions (CEs) are actions
identified in an agency’s NEPA
implementing regulations that do not
normally have a significant impact on
the environment and, therefore, do not
require either an EA or EIS. See 40 CFR
1508.4. Specifically, FRA has
determined that this final rule is
categorically excluded from detailed
environmental review pursuant to 23
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CFR 771.116(c)(15), ‘‘[p]romulgation of
rules, the issuance of policy statements,
the waiver or modification of existing
regulatory requirements, or
discretionary approvals that do not
result in significantly increased
emissions of air or water pollutants or
noise.’’
This final rule does not directly or
indirectly impact any environmental
resources and will not result in
significantly increased emissions of air
or water pollutants or noise. In
analyzing the applicability of a CE, FRA
must also consider whether unusual
circumstances are present that would
warrant a more detailed environmental
review. See 23 CFR 771.116(b). FRA has
concluded that no such unusual
circumstances exist with respect to this
final regulation and it meets the
requirements for categorical exclusion
under 23 CFR 771.116(c)(15).
Pursuant to Section 106 of the
National Historic Preservation Act and
its implementing regulations, FRA has
determined this undertaking has no
potential to effect historic properties.
See 16 U.S.C. 470. FRA has also
determined that this rulemaking does
not approve a project resulting in use of
a resource protected by Section 4(f). See
Department of Transportation Act of
1966, as amended (Pub. L. 89–670, 80
Stat. 931); 49 U.S.C. 303.
Unfunded Mandates Reform Act of 1995
Under Section 201 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1531, each Federal agency ‘‘shall, unless
otherwise prohibited by law, assess the
effects of Federal regulatory actions on
State, local, and tribal governments, and
the private sector (other than to the
extent that such regulations incorporate
requirements specifically set forth in
law).’’ Section 202 of the Act, 2 U.S.C.
1532, further requires that before
promulgating any general notice of
proposed rulemaking that is likely to
result in promulgation of any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any 1 year, and before promulgating
any final rule for which a general notice
of proposed rulemaking was published,
the agency shall prepare a written
statement detailing the effect on State,
local, and tribal governments and the
private sector. The final rule will not
result in the expenditure, in the
aggregate, of $100,000,000 or more in
any one year (adjusted annually for
inflation), and thus preparation of such
a statement is not required.
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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
List of Subjects in 49 CFR Part 214
Occupational safety and health,
Railroad safety.
The Rule
For the reasons discussed in the
preamble, FRA amends part 214 of
chapter II, subtitle B of title 49, Code of
Federal Regulations, as follows:
PART 214—RAILROAD WORKPLACE
SAFETY
1. The authority citation for part 214
continues to read as follows:
■
2. Amend § 214.322 by adding
paragraph (i) to read as follows:
■
*
*
*
*
(i) For purposes of complying with
paragraph (h) of this section, electronic
display systems may use multi-factor
authentication for digital authentication
of the subject.
■ 3. Amend § 214.505 by revising the
introductory text of paragraph (a) and
adding paragraph (i) to read as follows:
§ 214.505 Required environmental control
and protection systems for new on-track
roadway maintenance machines with
enclosed cabs.
khammond on DSKJM1Z7X2PROD with RULES
DEPARTMENT OF THE INTERIOR
50 CFR Part 17
*
(a) With the exception of machines
subject to paragraph (i) of this section,
the following new on-track roadway
maintenance machines shall be
equipped with operative heating
systems, operative air conditioning
systems, and operative positive
pressurized ventilation systems:
*
*
*
*
*
(i) Paragraph (a) of this section is not
applicable to machines that are
incapable of performing work functions
other than by remote operation and are
equipped with no operating controls
(i.e., remotely operated roadway
maintenance machines) if the following
conditions are met.
(1) If a remotely operated roadway
maintenance machine is operated from
the cab of a separate machine, that
separate machine must comply with
paragraph (a) of this section.
(2) If a remotely operated roadway
maintenance machine is operated
outside of the main cab of the separate
machine in a manner that will expose
the operator to air contaminants, as
outlined in 29 CFR 1910.1000, the
employee shall be protected in
compliance with 29 CFR 1910.134.
(3) No person is permitted on the
remotely operated roadway
Jkt 256001
BILLING CODE 4910–06–P
Fish and Wildlife Service
§ 214.322 Exclusive track occupancy,
electronic display.
16:41 Mar 16, 2022
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022–05625 Filed 3–16–22; 8:45 am]
Authority: 49 U.S.C. 20102–20103, 20107,
21301–21302, 21304, 28 U.S.C. 2461, note;
and 49 CFR 1.89.
VerDate Sep<11>2014
maintenance machine while the
equipment is operating.
(4) Each remotely operated roadway
maintenance machine must be clearly
identified by stenciling, marking, or
other written notice in a conspicuous
location on the machine indicating the
potential hazards of the machine being
operated from a distance or that the
machine may move automatically.
[Docket No. FWS–R3–ES–2022–0006;
FXES11130300000–223–FF03E00000]
1018–BE37
Endangered and Threatened Wildlife
and Plants; Technical Corrections for
Four Midwest Mussel Species
Fish and Wildlife Service,
Interior.
ACTION: Direct final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce the revised
taxonomy of four species of mussels
under the Endangered Species Act of
1973, as amended (Act). We are revising
the List of Endangered and Threatened
Wildlife and related regulations under
the Act to reflect the scientifically
accepted taxonomy and nomenclature of
these species.
DATES: This rule is effective June 15,
2022 without further action, unless
significant adverse comment is received
by April 18, 2022. If significant adverse
comment is received, we will publish a
timely withdrawal of the rule for the
appropriate species in the Federal
Register.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R3–ES–2022–0006, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
SUMMARY:
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15143
Processing, Attn: FWS–R3–ES–2022–
0006, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
See Public Comments under
SUPPLEMENTARY INFORMATION, below, for
more information about submitting
comments.
FOR FURTHER INFORMATION CONTACT:
Laura Ragan, Midwest Regional
Recovery Coordinator, U.S. Fish and
Wildlife Service, Midwest Regional
Office, 5600 American Boulevard West,
Suite 990, Bloomington, MN 55437;
telephone 612–713–5157; email Laura_
Ragan@fws.gov. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Purpose of Direct Final Rule and Final
Action
The purpose of this direct final rule
is to notify the public that we are
revising: (1) The List of Endangered and
Threatened Wildlife in title 50 of the
Code of Federal Regulations (CFR) at
§ 17.11(h) (50 CFR 17.11(h)) to reflect
the scientifically accepted taxonomy
and nomenclature of four freshwater
mussel species listed under section 4 of
the Act (16 U.S.C. 1531 et seq.). These
changes reflect the most recently
accepted common and scientific names
in accordance with 50 CFR 17.11(b) and
(c). We are also updating the
nomenclature for one of the species at
50 CFR 17.85.
We are publishing this rule without a
prior proposal because this is a
noncontroversial action that is in the
best interest of the public and should be
undertaken in as timely a manner as
possible. This rule will be effective, as
published in this document, on the
effective date specified in DATES, unless
we receive significant adverse
comments by the comment due date
specified in DATES. Significant adverse
comments are comments that provide
strong justification as to why our rule
should not be adopted or why it should
be changed.
If we receive significant adverse
comments regarding the taxonomic
changes for any of these species, we will
publish a document in the Federal
Register withdrawing this rule for the
appropriate species before the effective
date, and, if appropriate, we will
E:\FR\FM\17MRR1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15137-15143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05625]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 214
[Docket No. FRA-2019-0074]
RIN 2130-AC78
Railroad Workplace Safety
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FRA is revising its regulations governing railroad workplace
safety to: Allow for the use of alternative cybersecurity standards for
electronic display systems used to view track authority information for
roadway worker safety, and exempt certain remotely operated roadway
maintenance machines from existing heating, ventilation, and air
conditioning (HVAC) requirements for enclosed cabs.
DATES: This final rule is effective March 17, 2022.
FOR FURTHER INFORMATION CONTACT: Lance Hawks, Track Specialist, Office
of Railroad Safety, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590, telephone: 678-633-7400, email:
[email protected]; or Sam Gilbert, Attorney Adviser, Office of Chief
Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, telephone: 202-493-0270, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
To ensure that regulations remain current and effective for their
intended purpose, agencies periodically review and propose amendments
to their regulations. Within this context, FRA reviewed its 49 CFR part
214-Railroad Workplace Safety regulations. As a result of this review,
on December 11, 2020, FRA published a notice of proposed rulemaking
(NPRM) proposing two amendments to subparts C and D of part 214
addressing Roadway Worker Protection and On-Track Roadway Maintenance
Machines and Hi-Rail Vehicles, respectively. 85 FR 79973.
[[Page 15138]]
First, FRA proposed to revise Sec. 214.322 (Exclusive track occupancy,
electronic display) to allow the use of alternative cybersecurity
standards for electronic display systems used to view track authority
information. Second, FRA proposed to revise Sec. 214.505 (Required
environmental control and protection systems for new on-track roadway
maintenance machines with enclosed cabs) to exempt certain remotely
operated maintenance machines from existing HVAC requirements.
FRA believes these provisions provide flexibility to allow for the
incorporation of new and future technological advances that may further
improve safety. FRA received two comments, both supporting the NPRM's
proposals. Accordingly, in this final rule, FRA is adopting the NPRM's
proposed amendments to part 214 as proposed.\1\ Given that this final
rule will relieve current regulatory restrictions, in accordance with 5
U.S.C. 553(d)(1), it is effective upon its publication in the Federal
Register.
---------------------------------------------------------------------------
\1\ The final rule adopts the amendments exactly as proposed in
the NPRM, with the single exception of the term ``drone'' being
replaced with the phrase ``remotely operated'' in the amendment to
Sec. 214.505, for increased clarity, as explained below.
---------------------------------------------------------------------------
FRA estimates that railroads would experience approximately $5,900
in paperwork reduction benefits over the ten-year period of this
analysis. The present value (PV) \2\ of these paperwork reduction
benefits, when discounted at 3- and 7-percent, is approximately $5,000
and $4,100, respectively. The annualized paperwork reduction benefits
are estimated to be approximately $590 at both discount rates. The
table below presents the estimated 10-year total paperwork reduction
benefits associated with the final rule.
---------------------------------------------------------------------------
\2\ The present value of costs and paperwork reduction benefits
flows are calculated in this analysis (over a 10-year period) to
provide a way of converting future amounts into equivalent dollars
today. The formula used to calculate these flows is: 1/(1 + r)-t,
where ``r'' is the discount rate, and ``t'' is the year. Discount
rates of 3 and 7 percent are used in this analysis.
Table I-1--Total 10-Year Paperwork Reduction Benefits
[2020 Dollars]
----------------------------------------------------------------------------------------------------------------
Present value Present value
3% 7% Annualized 3% Annualized 7%
----------------------------------------------------------------------------------------------------------------
Total Paperwork Reduction Benefits.......... $5,207 $4,272 $610 $608
----------------------------------------------------------------------------------------------------------------
Because this final rule provides railroads the flexibility to
utilize alternative cybersecurity standards for electronic display
systems at their discretion, and codifies an existing waiver, FRA
concludes that there are no associated costs.
II. Discussion of Comments
As noted above, FRA received two comments in response to the NPRM,
both supportive of the NPRM's proposals.
The Association of American Railroads and the American Short Line
and Regional Railroad Association jointly filed a comment concurring
with both NPRM proposals. Regarding FRA's proposal to revise Sec.
214.322, the joint comment stated: ``Standards incorporated by
reference pose challenges both for railroads and regulators alike as
they often quickly become outdated. FRA's approach [in the NPRM] does
not substantively change the electronic authentication technology that
can be used by railroads and avoids the need for unnecessary waivers
from obsolete standards.''
The second comment, from a member of the public, expressed support
for the NPRM's proposals, noting that the proposals would allow for the
utilization of new technology and improve safety.
III. Background and Overview of the Final Rule
Exclusive Track Occupancy Track Authority Electronic Display Systems
As explained in the NPRM, when a roadway worker or work group
establishes exclusive track occupancy working limits, and an electronic
display device is used to view track authority information for that
worker or work group, Sec. 214.322(h) requires the device to provide
``Level 3 assurance'' as defined by the security standards of the
National Institute of Standards and Technology (NIST) Special
Publication 800-63-2, Electronic Authentication Guideline, ``Computer
Security,'' August 2013 (2013 Standard). ``Level 3 assurance'' means
the display devices must provide multi-factor remote network
authentication (for example, a password or a biometric factor, such as
a fingerprint, used in combination with a software or hardware token).
As also noted in the NPRM, since adoption of Sec. 214.322(h), NIST
has updated its computer security standards several times. See 85 FR
79975 (identifying updates to the 2013 Standard). Further, FRA
recognizes that as cybersecurity standards continue to change over
time, other standards may also provide multi-factor authentication.
Accordingly, FRA proposed to provide additional flexibility for meeting
the electronic authentication requirements of Sec. 214.322(h) by
adding a new paragraph (i) to the section. As proposed and adopted in
this final rule, new paragraph (i) provides that paragraph (h)'s
requirements may be satisfied so long as an electronic display system
uses multi-factor authentication.
Remotely Operated Machine Waiver Incorporation
As discussed in detail in the NPRM, FRA may waive compliance with
its regulations if the waiver is ``in the public interest and
consistent with railroad safety.'' 49 U.S.C. 20103(d); see also 49 CFR
1.89(a). As also noted in the NPRM, activity under a waiver of
regulatory compliance may generate sufficient data and experience to
support an expansion of its scope, applicability, and duration.
As also explained in the NPRM, in 2008, FRA granted a waiver from
the environmental control requirements of Sec. 214.505(a) (such as
heating, air conditioning, and ventilation systems) to Harsco Track
Technologies, a railroad equipment manufacturer for a newly developed
roadway maintenance machine (RMM) designed to function without a
dedicated operator located on the machine. See FRA-2008-0070 (available
at www.regulations.gov). Railroads have safely operated equipment
subject to this waiver since 2008 and the waiver has been continually
renewed. Accordingly, in this final rule, FRA is adopting the NPRM's
proposal to incorporate the provisions of this waiver into regulation
in new paragraph (i) of Sec. 214.505.
[[Page 15139]]
IV. Section-by-Section Analysis
Section 214.322 Exclusive Track Occupancy, Electronic Display
As discussed above and in more detail in the NPRM, this final rule
adds a new paragraph (i) to Sec. 214.322. New paragraph (i) allows the
use of alternative electronic security standards that provide multi-
factor authentication, other than the currently required 2013 NIST
Standard. With this flexibility to use alternative standards, FRA
expects industry may be able to use new methods of electronic
authentication that are more secure than those described by the 2013
Standard; more secure authentication methods in turn would make it more
difficult for any malicious actors to access track authority
information, and thus more difficult to interfere with roadway work.
FRA therefore believes this amendment in particular could lead to
increased safety for roadway workers.
Because FRA is adopting the proposed amendment to Sec. 214.322
exactly as proposed in the NPRM, FRA refers readers to the section-by-
section discussion in the NPRM for a more detailed discussion of this
revision.
Section 214.505 Required Environmental Control and Protection Systems
for New On-Track Roadway Maintenance Machines With Enclosed Cabs
As discussed above and in more detail in the NPRM, this final rule
adds a new paragraph (i) to Sec. 214.505. New paragraph (i) exempts
certain remotely operated RMMs from existing HVAC requirements.
The substance of the amendment adopted in the final rule is the
same as that proposed in the NPRM; however, FRA has decided to use the
term ``remotely operated'' instead of ``drone'' when describing the
RMMs at issue, to avoid confusion with the usage of the term ``drone''
in other contexts. Because FRA is otherwise adopting the proposed
amendment to Sec. 214.505 exactly as proposed in the NPRM, FRA refers
readers to the section-by-section discussion in the NPRM for a more
detailed discussion of this revision.
V. Regulatory Impact and Notices
Executive Order 12866
FRA has analyzed this final rule in accordance with Section 3(f) of
Executive Order 12866, ``Regulatory Planning and Review'' and
determined that it is not a significant rule.
FRA is revising its regulations governing the minimum safety
requirements for railroad workplace safety. These changes amend part
214 to permit the use of alternative security standards for electronic
display systems used to view track authority information in Sec.
214.322, and, consistent with an existing waiver, exempt certain
remotely operated RMMs from environmental control requirements in Sec.
214.505(a), which include heating, air conditioning, and ventilation
systems.
Costs
Electronic Display Systems
Section 214.322(h) requires that electronic display systems used to
view track authority information meet the security standards defined by
NIST Special Publication 800-63-2, Electronic Authentication Guideline,
``Computer Security,'' August 2013. FRA is allowing electronic display
systems subject to Sec. 214.322 to use alternative standards for
electronic authentication, provided those systems require stringent
identity proofing through multi-factor authentication. FRA expects no
additional costs for this requirement as it is simply adding
flexibility.
HVAC Waiver Incorporation
As discussed above, in 2008, FRA approved Harsco's waiver petition
for a five-year period with conditions and has since continually
renewed the waiver. FRA expects no additional costs for this
requirement because FRA is codifying a long-standing waiver.
Benefits
The final rule will be beneficial for regulated entities seeking to
use electronic display systems that meet alternative cybersecurity
standards for electronic authentication and provide a comparable or
better level of identity proofing and digital authentication as that
required by the 2013 NIST Standard. The final rule will also reduce the
paperwork burden on regulated entities by providing relief from
submitting waivers to FRA for the use of certain roadway maintenance
machines.
FRA has estimated that paperwork reduction benefits of this final
rule will result due to waiver codification, as the final rule will
reduce the need for industry to submit waivers. These estimates assume
that, without the final regulation, Harsco Track Technologies will
continue submitting a petition to extend the waiver every five years.
The last renewal was approved in 2018. To date, Harsco has been the
sole entity requesting this waiver from FRA, and FRA does not expect
any other entities to apply for similar waivers over the period of
analysis.
FRA assumes that the cost for Harsco to prepare and submit each
waiver would be approximately the same as it is for FRA to process it.
To calculate the paperwork reduction benefits associated with this
waiver, FRA estimated the labor hours required for FRA to review and
approve each waiver. Table V-1 below displays the breakdown of the
waiver review and submission cost for each waiver.
Table V-1--Waiver Submission Costs
----------------------------------------------------------------------------------------------------------------
Burdened wage
Title Pay grade Wage rate rate (wages x Hours Total wages
1.75)
----------------------------------------------------------------------------------------------------------------
FRA Field Inspector............. GS-12 $46.88 $82.04 8 $656.32
Administrative Assistant (Field GS-12 46.88 82.04 4 328.16
Office)........................
Administrative Assistant (DC)... GS-9 32.33 56.58 4 226.32
Motive Power and Equipment GS-14 65.88 115.29 16 1,844.64
Specialist (DC)................
-------------------------------------------------------------------------------
Total FRA Labor Cost per .............. .............. .............. .............. 3,055.44
Renewal Waiver.............
----------------------------------------------------------------------------------------------------------------
For purposes of estimating waiver costs for this analysis, FRA
estimates the associated renewals that would occur over the next 10
years. Table V-2 shows the total paperwork reduction benefits for
regulated entities to review and submit waivers to FRA.
[[Page 15140]]
Table V-2--Waiver Submissions Paperwork Reduction Benefits
[2020]
----------------------------------------------------------------------------------------------------------------
Paperwork Paperwork Paperwork
reduction reduction reduction
Analysis year Number of waivers benefits benefits benefits
(undiscounted) (discounted 3%) (discounted 7%)
----------------------------------------------------------------------------------------------------------------
1................................... ................. ................. ................. .................
2................................... ................. ................. ................. .................
3................................... 1 3,055 2,796 2,494
4................................... ................. ................. ................. .................
5................................... ................. ................. ................. .................
6................................... ................. ................. ................. .................
7................................... ................. ................. ................. .................
8................................... 1 3,055 2,412 1,778
9................................... ................. ................. ................. .................
10.................................. ................. ................. ................. .................
---------------------------------------------------------------------------
Total........................... ................. 6,110 5,207 4,272
----------------------------------------------------------------------------------------------------------------
Alternatives
The final rule provides relief to regulated entities by allowing
the use of alternative standards for electronic display systems to
comply with Sec. 214.322(h) and by not having to submit waivers to
FRA. An alternative to the final rule would be to maintain the status
quo.
If FRA does not modify Sec. 214.322, entities will continue to use
the 2013 NIST Standard as the standard for securing and transmitting
data for electronic display systems. Although this standard is safe,
FRA recognizes that updated standards after the 2013 NIST Standard
could allow the industry to adopt newly developed technologies and
methods of data transmission that are still compliant with Sec.
214.322(h) while providing comparable, or better, levels of security.
FRA views the remotely operated RMMs subject to the existing waiver
as an example of using emerging modern technology to make railroad
roadway maintenance safer and more efficient. FRA has verified that
waivers allowing remotely operated RMMs do not negatively impact safety
because FRA has not seen an adverse impact to safety while railroads
have been operating under this waiver. Therefore, issuing this final
rule removes unnecessary paperwork burdens arising from avoiding
petitioning for and processing waivers.
Results
FRA has estimated the paperwork reduction benefits of this final
rule and displayed them in the table below.
Table V-3--Total 10-Year Paperwork Reduction Benefits
[2020 Dollars]
----------------------------------------------------------------------------------------------------------------
Present value 3% Present value 7% Annualized 3% Annualized 7%
----------------------------------------------------------------------------------------------------------------
Total Paperwork Reduction $5,207 $4,272 $610 $608
Benefits.......................
----------------------------------------------------------------------------------------------------------------
As noted in the table above, FRA estimates the total paperwork
reduction benefits for this final rule to be approximately $5,000 (PV,
3-percent) and $4,100 (PV, 7-percent). The annualized paperwork
reduction benefits are estimated to be approximately $590 (PV, 3-
percent) and $590 (PV, 7-percent).
Regulatory Flexibility Act
When an agency issues a rulemaking proposal, the Regulatory
Flexibility Act requires the agency to ``prepare and make available for
public comment an initial regulatory flexibility analysis'' which will
``describe the impact of the proposed rule on small entities.'' 5
U.S.C. 603(a). Section 605 of the RFA allows an agency to certify a
rule, in lieu of preparing an analysis, if the rulemaking is not
expected to have a significant economic impact on a substantial number
of small entities. FRA certified this rule in the proposed stage. FRA
requested comments regarding the certification and received no
comments.
This final rule directly affects all railroads, of which there are
approximately 746 on the general system, and FRA estimates that
approximately 93 percent of these railroads are small entities.
Therefore, FRA has determined that this final rule will have an impact
on a substantial number of small entities.
However, FRA has determined that the impact on entities affected by
the final rule will not be significant. The effect of the final rule
will be to allow railroads the flexibility to choose the optimal
electronic display equipment currently in the market, with the required
level of security, without having to notify or seek approval from FRA.
Further, equipment manufacturers will no longer need to seek FRA
approval to forego HVAC systems on a remotely operated piece of
equipment, consistent with the established safety of a longstanding
waiver. FRA expects the impact of the final rule will be a reduction in
the paperwork burden for railroads and manufacturers, as well as future
benefits from allowing continually advancing security standards to be
incorporated without a regulatory change. FRA asserts that the economic
impact of the reduction in paperwork, if any, will be minimal and
entirely beneficial to small railroads. Accordingly, the FRA
Administrator hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act
FRA is submitting the information collection requirements in this
final rule to the Office of Management and Budget (OMB) for approval
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq. The
sections that
[[Page 15141]]
contain the final and current information collection requirements and
the estimated time to fulfill each requirement are as follows:
----------------------------------------------------------------------------------------------------------------
Total annual
CFR section subject Respondent Total annual Average time Total annual dollar cost
universe responses per response burden hours equivalent \3\
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.119--Part 214 350 Safety 129 forms...... 4 hours........ 516 29,412
Railroad Workplace Safety Inspectors.
Violation Report.
214.307--Railroad on-track 746 railroads.. 276 programs + 2 hours + 2 563 42,788
safety programs--RR programs 325 copies. minutes.
that comply with this part +
copies at system/division
headquarters.
--RR notification to FRA not 746 railroads.. 276 notices.... 20 minutes..... 92 6,992
less than one month before
on-track safety program
takes effect.
--RR amended on-track safety 746 railroads.. 1 program...... 4 hours........ 4 304
programs after FRA
disapproval.
--RR written response in 746 railroads.. 1 written 20 hours....... 20 1,520
support of disapproved response.
program.
214.309--RR publication of 60 railroads... 100 bulletins/ 60 minutes..... 100 7,600
bulletins/notices reflecting notices.
changes in on-track safety
manual.
214.311--RR written procedure 19 railroads... 5 developed 2 hours........ 10 760
to achieve prompt and procedures.
equitable resolution of good
faith employee challenges.
214.317--On-track safety 19 railroads... 5 operating 2 hours........ 10 760
procedures, generally, for procedures.
snow removal, weed spray
equipment, tunnel niche or
clearing by.
214.318--Procedures 746 railroads.. 19 rules/ 2 hours........ 38 2,888
established by railroads for procedures.
workers to perform duties
incidental to those of
inspecting, testing,
servicing, or repairing
rolling equipment.
214.320--Roadway maintenance 746 railroads.. 5 requests..... 4 hours........ 20 1,520
machines movement over
signalized non-controlled
track--RR request to FRA for
equivalent level of
protection to that provided
by limiting all train and
locomotive movements to
restricted speed.
214.322--Exclusive track 3 Class I 1,000 written 10 minutes..... 167 9,519
occupancy, electronic Railroads. authorities.
display--Written authorities/
printed authority copy if
electronic display fails or
malfunctions.
214.329--Train approach 746 railroads.. 26,250 30 seconds..... 219 16,644
warning. designations.
- Written designation of
watchmen/lookouts.
214.336--Procedures for 100 railroads.. 10,000 notices. 5 seconds...... 14 798
adjacent track movements
over 25 mph: notifications/
watchmen/lookout warnings.
--Procedures for adjacent 100 railroads.. 3,000 notices.. 5 seconds...... 4 228
track movements 25 mph or
less: notifications/watchmen/
lookout warnings.
214.339--Audible warning from 19 railroads... 19 written 4 hours........ 76 5,776
trains: written procedures procedures.
that prescribe effective
requirements for audible
warning by horn and/or bells
for trains.
214.343/345/347/349/351/353/ 50,000 roadway 50,000 records. 2 minutes...... 1,667 126,692
355--Annual training for all workers.
roadway workers (RWs)--
Records of training.
214.503--Notifications for 50,000 roadway 125 notices.... 10 minutes..... 21 1,197
non-compliant roadway workers.
maintenance machines or
unsafe condition.
--Resolution procedures...... 19 railroads/ 5 procedures... 2 hours........ 10 760
contractors.
214.505 Required 746/200 500 lists...... 1 hour......... 500 38,000
environmental control and railroads/
protection systems for new contractors.
on-track roadway maintenance
machines with enclosed cabs.
--Designations/additions to 692/200 150 additions/ 5 minutes...... 13 988
list. railroads/ designations.
contractors.
--Stenciling or marking of 30 remotely 10 stencils/ 5 minutes...... 1 57
remotely operated roadway operated displays.
maintenance machine (Revised machines.
requirement).
214.507--A-Built Light Weight 692/200 1,000 stickers/ 5 minutes...... 83 4,731
on new roadway maintenance railroads/ stencils.
machines. contractors.
214.511--Required audible 692/200 3,700 5 minutes...... 308 17,556
warning devices for new on- railroads/ identified
track roadway maintenance contractors. mechanisms.
machines.
214.515--Overhead covers for 692/200 500 + 500 10 + 20 minutes 250 17,423
existing on-track roadway railroads/ requests +
maintenance machines. contractors. responses.
214.517--Retrofitting of 692/200 500 stencils/ 5 minutes...... 42 2,394
existing on-track roadway railroads/ displays.
maintenance machines contractors.
manufactured on or after
Jan. 1, 1991.
214.523--Hi-rail vehicles.... 692/200 5,000 records.. 5 minutes...... 417 23,769
railroads/
contractors.
--Non-complying conditions... 692/200 500 tags + 500 10 minutes + 15 208 11,856
railroads/ reports. minutes.
contractors.
214.527--Inspection for 692/200 550 tags + 550 5 minutes + 15 183 10,431
compliance--Repair schedules. railroads/ reports. minutes.
contractors.
214.533--Schedule of repairs-- 692/200 250 records.... 15 minutes..... 63 4,788
Subject to availability of railroads/
parts. contractors.
----------------------------------------------------------------------------------
Totals................... 746 railroads.. 105,751 N/A............ 5,619 388,151
responses.
----------------------------------------------------------------------------------------------------------------
\3\ Throughout the tables in this document, the dollar equivalent cost is derived from the Surface
Transportation Board's Full Year Wage A&B data series using the appropriate employee group hourly wage rate
that includes 75 percent overhead charges.
[[Page 15142]]
All estimates include the time for reviewing instructions,
searching existing data sources, gathering or maintaining the needed
data, and reviewing the information. Pursuant to 44 U.S.C.
3506(c)(2)(B), FRA solicits comments concerning: Whether these
information collection requirements are necessary for the proper
performance of the functions of FRA, including whether the information
has practical utility; the accuracy of FRA's estimates of the burden of
the information collection requirements; the quality, utility, and
clarity of the information to be collected; and whether the burden of
collection of information on those who are to respond, including
through the use of automated collection techniques or other forms of
information technology, may be minimized. For information or a copy of
the paperwork package submitted to OMB, contact Ms. Hodan Wells,
Information Collection Clearance Officer, at 202-493-0440.
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to Ms. Wells
at the following address: [email protected]
Federalism Implications
Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999),
requires FRA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' are defined in the Executive order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, agencies
may not issue a regulation with federalism implications that imposes
substantial direct compliance costs and that is not required by
statute, unless the Federal Government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, or the agency consults with State and local government
officials early in the process of developing the regulation.
This final rule has been analyzed consistent with the principles
and criteria in Executive Order 13132. This final rule will not have a
substantial effect on the States or their political subdivisions; it
would not impose any substantial direct compliance costs; and it would
not affect the relationships between the Federal Government and the
States or their political subdivisions, or the distribution of power
and responsibilities among the various levels of government. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
However, this final rule could have preemptive effect under certain
provisions of the Federal railroad safety statutes, specifically the
former Federal Railroad Safety Act of 1970 (former FRSA), repealed and
re-codified at 49 U.S.C. 20106, and the former Locomotive Boiler
Inspection Act (LIA) at 45 U.S.C. 22-34, repealed and re-codified at 49
U.S.C. 20701-03. The former FRSA provides that States may not adopt or
continue in effect any law, regulation, or order related to railroad
safety or security that covers the subject matter of a regulation
prescribed or order issued by the Secretary of Transportation (with
respect to railroad safety matters) or the Secretary of Homeland
Security (with respect to railroad security matters), except when the
State law, regulation, or order qualifies under the ``local safety or
security hazard'' exception to Section 20106. Moreover, the U.S.
Supreme Court has held the former LIA preempts the field concerning
locomotive safety. See Napier v. Atl. Coast Line R.R., 272 U.S. 605
(1926), and Kurns v. R.R. Friction Prods. Corp., 565 U.S. 625 (2012).
Therefore, it is possible States would be preempted from addressing the
subjects covered by the final rule (security standards for electronic
display systems used to display track authority information and HVAC
systems on remotely operated machines).
Environmental Impact
FRA has evaluated this final rule consistent with the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321, et seq., the Council
of Environmental Quality's NEPA implementing regulations at 40 CFR
parts 1500-1508, and FRA's NEPA implementing regulations at 23 CFR part
771, and determined that it is categorically excluded from
environmental review and does not require the preparation of an
environmental assessment (EA) or environmental impact statement (EIS).
Categorical exclusions (CEs) are actions identified in an agency's NEPA
implementing regulations that do not normally have a significant impact
on the environment and, therefore, do not require either an EA or EIS.
See 40 CFR 1508.4. Specifically, FRA has determined that this final
rule is categorically excluded from detailed environmental review
pursuant to 23 CFR 771.116(c)(15), ``[p]romulgation of rules, the
issuance of policy statements, the waiver or modification of existing
regulatory requirements, or discretionary approvals that do not result
in significantly increased emissions of air or water pollutants or
noise.''
This final rule does not directly or indirectly impact any
environmental resources and will not result in significantly increased
emissions of air or water pollutants or noise. In analyzing the
applicability of a CE, FRA must also consider whether unusual
circumstances are present that would warrant a more detailed
environmental review. See 23 CFR 771.116(b). FRA has concluded that no
such unusual circumstances exist with respect to this final regulation
and it meets the requirements for categorical exclusion under 23 CFR
771.116(c)(15).
Pursuant to Section 106 of the National Historic Preservation Act
and its implementing regulations, FRA has determined this undertaking
has no potential to effect historic properties. See 16 U.S.C. 470. FRA
has also determined that this rulemaking does not approve a project
resulting in use of a resource protected by Section 4(f). See
Department of Transportation Act of 1966, as amended (Pub. L. 89-670,
80 Stat. 931); 49 U.S.C. 303.
Unfunded Mandates Reform Act of 1995
Under Section 201 of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1531, each Federal agency ``shall, unless otherwise prohibited
by law, assess the effects of Federal regulatory actions on State,
local, and tribal governments, and the private sector (other than to
the extent that such regulations incorporate requirements specifically
set forth in law).'' Section 202 of the Act, 2 U.S.C. 1532, further
requires that before promulgating any general notice of proposed
rulemaking that is likely to result in promulgation of any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any 1 year, and before promulgating any final rule for
which a general notice of proposed rulemaking was published, the agency
shall prepare a written statement detailing the effect on State, local,
and tribal governments and the private sector. The final rule will not
result in the expenditure, in the aggregate, of $100,000,000 or more in
any one year (adjusted annually for inflation), and thus preparation of
such a statement is not required.
[[Page 15143]]
List of Subjects in 49 CFR Part 214
Occupational safety and health, Railroad safety.
The Rule
For the reasons discussed in the preamble, FRA amends part 214 of
chapter II, subtitle B of title 49, Code of Federal Regulations, as
follows:
PART 214--RAILROAD WORKPLACE SAFETY
0
1. The authority citation for part 214 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 21304, 28
U.S.C. 2461, note; and 49 CFR 1.89.
0
2. Amend Sec. 214.322 by adding paragraph (i) to read as follows:
Sec. 214.322 Exclusive track occupancy, electronic display.
* * * * *
(i) For purposes of complying with paragraph (h) of this section,
electronic display systems may use multi-factor authentication for
digital authentication of the subject.
0
3. Amend Sec. 214.505 by revising the introductory text of paragraph
(a) and adding paragraph (i) to read as follows:
Sec. 214.505 Required environmental control and protection systems
for new on-track roadway maintenance machines with enclosed cabs.
(a) With the exception of machines subject to paragraph (i) of this
section, the following new on-track roadway maintenance machines shall
be equipped with operative heating systems, operative air conditioning
systems, and operative positive pressurized ventilation systems:
* * * * *
(i) Paragraph (a) of this section is not applicable to machines
that are incapable of performing work functions other than by remote
operation and are equipped with no operating controls (i.e., remotely
operated roadway maintenance machines) if the following conditions are
met.
(1) If a remotely operated roadway maintenance machine is operated
from the cab of a separate machine, that separate machine must comply
with paragraph (a) of this section.
(2) If a remotely operated roadway maintenance machine is operated
outside of the main cab of the separate machine in a manner that will
expose the operator to air contaminants, as outlined in 29 CFR
1910.1000, the employee shall be protected in compliance with 29 CFR
1910.134.
(3) No person is permitted on the remotely operated roadway
maintenance machine while the equipment is operating.
(4) Each remotely operated roadway maintenance machine must be
clearly identified by stenciling, marking, or other written notice in a
conspicuous location on the machine indicating the potential hazards of
the machine being operated from a distance or that the machine may move
automatically.
Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2022-05625 Filed 3-16-22; 8:45 am]
BILLING CODE 4910-06-P
