Rule2022-05625
Railroad Workplace Safety
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 17, 2022
Effective
March 17, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 52 (Thursday, March 17, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05625]
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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.
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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:
<a href="/cdn-cgi/l/email-protection#307c515e53551e7851475b4370545f441e575f46"><span class="__cf_email__" data-cfemail="501c313e33357e1831273b2310343f247e373f26">[email protected]</span></a>; 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:
<a href="/cdn-cgi/l/email-protection#c99aa8a4bcaca5e78ea0a5abacbbbd89ada6bde7aea6bf"><span class="__cf_email__" data-cfemail="6c3f0d01190900422b05000e091e182c080318420b031a">[email protected]</span></a>.
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.
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\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.
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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.
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\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]
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Present value Present value
3% 7% Annualized 3% Annualized 7%
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Total Paperwork Reduction Benefits.......... $5,207 $4,272 $610 $608
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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 <a href="http://www.regulations.gov">www.regulations.gov</a>). 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
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Burdened wage
Title Pay grade Wage rate rate (wages x Hours Total wages
1.75)
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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)................
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Total FRA Labor Cost per .............. .............. .............. .............. 3,055.44
Renewal Waiver.............
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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.................................. ................. ................. ................. .................
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Total........................... ................. 6,110 5,207 4,272
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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.......................
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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:
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Total annual
CFR section subject Respondent Total annual Average time Total annual dollar cost
universe responses per response burden hours equivalent \3\
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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.
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\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: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="d098bfb4b1befe87b5bcbca390feb7bfa6">[email protected]</a>.
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
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</html>Indexed from Federal Register on March 17, 2022.
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