[Federal Register Volume 59, Number 161 (Monday, August 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20457]


[[Page Unknown]]

[Federal Register: August 22, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 217 and 220

[FRA Docket No. RSOR-12, Notice No. 3]

 

Railroad Operating Rules and Radio Standards and Procedures

RIN 2130-AA76
AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Final rule.

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SUMMARY: FRA is amending its Railroad Operating Rules and its Radio 
Standards and Procedures by removing requirements that railroads file 
their operational testing programs, operating rules instruction 
programs, annual summaries on operational tests and inspections, and 
their radio rules with the Federal Railroad Administrator and by 
substituting requirements that railroads retain such records and make 
them available to FRA representatives during normal business hours. FRA 
is also amending the Railroad Operating Rules by eliminating the 
requirement that Class III railroads file their operating rules, 
timetables, and timetable special instructions with the Federal 
Railroad Administrator. In addition, FRA is making technical changes to 
require railroads to record specific information when conducting 
operational tests and inspections of their employees. Finally, FRA is 
changing the Railroad Operating Rules and the Radio Standards and 
Procedures so as to allow retention of certain records by ``electronic 
recordkeeping'' (i.e., retention of a computer record in lieu of a 
paper record). These amendments are intended to eliminate nonessential 
reporting requirements while enabling FRA to review meaningful data to 
determine the safety of a railroad's operations.

EFFECTIVE DATE: The rule becomes effective on November 21, 1994.

FOR FURTHER INFORMATION CONTACT: Jon Kaplan, Trial Attorney, Office of 
Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 20590 
(telephone: (202) 366-0635) or Dennis R. Yachechak, Railroad Safety 
Specialist, Office of Safety, FRA, 400 Seventh Street, SW., Washington, 
DC 20590 (telephone: (202) 366-504).

SUPPLEMENTARY INFORMATION: On October 19, 1992, FRA published a Notice 
of Proposed Rulemaking (``NPRM'') on amendments to its Railroad 
Operating Rules (49 CFR Part 217) and Radio Standards and Procedures 
(49 CFR Part 220). 57 FR 47603 (1992). FRA proposed to remove 
requirements that railroads file their respective operating rules, 
radio rules, operational testing programs, operating rules instruction 
programs, and annual summaries on operational tests and inspections 
with FRA in Washington, D.C. and to substitute requirements that 
railroads retain these records and make them available upon request for 
inspection by FRA personnel during regular business hours. FRA believed 
that these proposed amendments, if adopted, would remove nonessential 
filing and reporting requirements while concurrently reducing the 
burden borne by the railroads in paperwork and mailing expenses.
    FRA received written comments on the proposal from seven entities 
and conducted a public hearing at the request of one. The public 
hearing was held in Washington, DC, on December 14, 1992, at which four 
organizations were represented. As a result of these comments and 
further analysis of the amendments proposed, FRA now publishes its 
final rule. FRA recognizes the importance of a railroad's operating 
rules and its radio rules for moving trains and other pieces of rolling 
equipment safely. The requirements promulgated in the final rule take 
this factor into account by balancing FRA's interest in reviewing 
pertinent documents against the railroads' interest in reducing their 
paperwork burden.
    The final rule reflects reconsideration of the proposals announced 
in the NPRM. In the interest of reducing certain paperwork 
requirements, FRA has adopted certain proposed revisions to the 
regulations. FRA has also authorized railroads to retain information 
electronically so long as the railroads satisfy the stated conditions. 
Nevertheless, FRA has retained the filing requirements prescribed in 
existing Sec. 217.7 for Class I railroads and Class II railroads. See 
Interstate Commerce Commission (``ICC'') regulations at 49 CFR Part 
1201 and ICC General Instructions 1-1. FRA has determined that its 
headquarters office, located in Washington, DC, needs to continue 
receiving copies of the operating rules of national and regional 
railroads to remain apprised of such rules. Finally, FRA believes that 
operational test and inspection records require more specific data 
elements. FRA has concluded that the newly identified data points serve 
to clarify the existing information requirements by defining the 
individual sources comprising each operational test and inspection. See 
Section-by-Section Analysis for details.

Discussion of Comments and Conclusions

    FRA received written comments from the American Public Transit 
Association, Association of American Railroads (``AAR''), The American 
Short Line Railroad Association (``ASLRA''), Consolidated Rail 
Corporation (``Conrail''), New Jersey Transit Rail Operations, Union 
Pacific Railroad Company, and United Transportation Union (``UTU''). At 
the public hearing held December 14, 1992, four organizations 
participated: the Railway Labor Executives' Association (``RLEA''), the 
Brotherhood of Locomotive Engineers (``BLE''), AAR, and Conrail. The 
discussions that follow examine the issues raised by the commenters and 
analyze the reasons behind the adoption of the final rule.
    1. Whether FRA should abolish requirements that railroads file 
their operating rules, radio rules, and certain other documents with 
FRA.
    Two unions representing railroad employees objected to the proposal 
that railroads merely retain their operating rules, programs of 
operational tests and inspections, programs of instruction on operating 
rules, and annual summaries. The UTU declared that FRA was abdicating 
its responsibility of reviewing the documents for regulatory 
compliance. The UTU alleged that requiring the relocation of records to 
the railroad's system headquarters and division headquarters would vest 
FRA's field inspectors with total enforcement responsibility and that, 
consequently, document inspection would be entirely discretionary and 
no longer an integral part of FRA's safety assessment of a railroad. In 
other words, the UTU claimed, FRA was sending a message that 
administering the operating rules regulations was no longer a priority.
    The BLE echoed the UTU's concerns, stating that the removal of 
agency review at the headquarters level represented a priority shift by 
FRA to no longer monitor a railroad's compliance with its operating 
rules or operational testing and inspection program (i.e., efficiency 
testing program). The purpose of these regulations was to afford FRA 
headquarters the opportunity to analyze the data from the submitted 
documents. FRA needed to review incidents where railroad employees 
violated their employers' operating rules to determine whether these 
violations compromised railroad safety.
    The AAR, however, fully endorsed FRA's proposals to eliminate 
filing. The AAR saw the filing of operating rules and related documents 
as unnecessary, burdensome, and serving no safety objective. 
Furthermore, the AAR noted that the railroad divisions comprising each 
railroad's system already provide the regulatory documents that FRA 
field inspectors request for review. Requiring relocation of these 
records to offices that are visited by FRA field personnel would 
facilitate document accessibility and retrieval.
    The ASLRA also supported an end to the filing requirements. The 
ASLRA commented that these amendments would improve efficiency and 
economy for the short line railroads and would promote review by 
inspectors familiar with a railroad's operations. Three Class I 
railroads agreed that these measures would relieve burdensome 
requirements of photocopying and mailing these documents.
    Although FRA proposed redesignating the locations of these records, 
FRA has reconsidered the impact this measure would have on enforcement, 
accident investigation, and other functions. A railroad's operating 
rules and timetables are valuable resources that are used by personnel 
of all disciplines in FRA's headquarters Office of Safety. For example, 
at FRA headquarters, these documents are reviewed in conjunction with 
accident reports filed at headquarters under 49 CFR Part 225 by the 
railroad. The railroads' rules and timetables are also consulted during 
FRA headquarters' analysis of draft accident investigation reports 
submitted by FRA field personnel. By maintaining a copy of the 
operating rules and timetables of major railroads, FRA retains its 
ability to determine whether the operating rules themselves, or 
violations of them, contributed to an accident. Retaining immediate 
access to these documents in Washington, DC, provides FRA's 
headquarters office with an efficient means to identify unsafe or 
inadequate procedures and to recommend practices that will ensure 
protection of train movements.
    FRA believes that ensuring safe train and other movements requires 
each Class I railroad, Class II railroad, the National Railroad 
Passenger Corporation (Amtrak), and each railroad providing commuter 
service in a metropolitan or suburban area to continue filing its 
operating rules, timetables, and timetable special instructions with 
FRA. These railroads conduct extensive operations, all of which are 
governed by their operating rules. FRA's interest in reviewing these 
documents outweighs the burdens imposed on the railroads to continue 
filing these records. Therefore, FRA retains the existing filing 
requirements for these railroads.
    In order to ensure that the rules FRA is reviewing are current, 
each railroad subject to this requirement must submit its operating 
rules, timetables, and timetable special instructions to FRA by 
December 21, 1994, and must submit each subsequent amendment to these 
operating rules, timetables, and timetable special instructions issued 
after November 21, 1994, to FRA within 30 days after it is issued.
    On the other hand, FRA believes that the regulations on the 
operational testing programs, operating rules instruction programs, 
operational test and inspection records (i.e., efficiency tests), and 
radio rules can be effectively enforced from the field. These records 
are better utilized by FRA's regional personnel to monitor a railroad's 
compliance with the regulatory requirements. The field staff are best 
situated to observe a railroad's operations and determine whether the 
operational testing programs, operating rules instruction programs, 
operational test and inspections records, and radio rules are accurate 
and current. Additionally, the field inspectors can examine the 
operational test and inspection results in evaluating an employee's 
performance of his or her duties in accordance with a railroad's rules 
and instructions. FRA therefore adopts the proposal requiring railroads 
to retain their programs of operational tests and inspections, programs 
of instruction on railroad operating rules, records of operational 
tests and inspections (including annual summaries on operational tests 
and inspections), and radio rules at the designated locations provided.
    2. Whether the three-year record retention requirements proposed in 
the NPRM for operational testing programs and annual summaries of 
operational tests and inspections will enhance railroad safety.
    The NPRM proposed requiring railroads to retain their operational 
testing programs under Sec. 217.9 and annual summaries of operational 
tests and inspections under Sec. 217.13(a)-(c) for three calendar 
years.
    FRA received comments supporting and opposing this proposal. The 
California Legislative Board of the UTU advocated record retention, but 
argued that this information should be retained for a minimum of five 
years. The BLE recommended that operational tests and inspections be 
retained for only six months to one year. Both the UTU and BLE stated 
that record retention would enable FRA to accurately assess a 
railroad's history of safe operations by examining this collected data. 
The unions believed that FRA could gain a wider perspective on a 
railroad's results of its operational tests and inspections and thereby 
target potential hazards in operating rules application, understanding, 
and compliance.
    The railroads generally disagreed with the unions. One railroad 
urged FRA to modify its proposed retention requirement from three years 
to one year. Likewise, the AAR and ASLRA concurred with this 
recommendation. Specifically, the ASLRA claimed that the proposed 
three-year record retention requirement was superfluous given the 
recordkeeping requirements already imposed on railroads under the 
Locomotive Engineer Qualification and Certification regulations (49 CFR 
Part 240).
    FRA disputes the ASLRA's judgment that these proposed requirements 
are duplicative. Part 240 addresses only locomotive engineers (persons 
who operate locomotives), but to ensure the safe movement of railroad 
equipment, railroads also routinely test conductors, operators, 
dispatchers, and maintenance-of-way personnel. All of these employees 
are, at one time or another, placed in situations or conditions that 
require knowledge and execution of a railroad's operating rules. 
Therefore, FRA believes that maximizing safety requires each railroad 
to retain its program of operational tests and inspections for all 
employees covered by its operating rules.
    FRA has concluded that a thorough analysis of a railroad's 
operating procedures requires adopting the proposal as stated. 
Accordingly, all railroads must retain their operational testing 
programs and annual summaries on operational tests and inspections for 
three calendar years. FRA believes that trend analysis of this data 
will serve as an effective tool to assess a railroad's regulatory 
compliance. Inspectors can better recognize patterns of rules 
noncompliance and efforts railroads have made to remedy safety problems 
uncovered by previous tests. The results of these tests may be used as 
a barometer to measure the safety of a railroad and determine whether 
its level of compliance is improving, deteriorating, or remaining 
steady.
    3. Whether FRA's proposal requiring railroads to retain their 
operating rules, radio rules, operational testing programs, operating 
rules instruction programs, and annual summaries on operational tests 
and inspections at the system headquarters and all division 
headquarters is overly burdensome.
    The proposed rule identified two locations where railroads were 
required to retain pertinent rules and programs: division headquarters 
and system headquarters. The NPRM proposed that railroads would retain 
their operating rules and Radio Standards and Procedures paperwork at 
all of their division headquarters and at the system headquarters. See 
proposed Secs. 217.7-217.13 (introductory text). FRA believed that most 
railroads already maintained copies of these records at these locations 
and that, therefore, FRA's enforcement personnel would be able to 
effectively and efficiently enforce Parts 217 and 220 by visiting any 
one of these sites.
    This proposal prompted a number of parties to comment on its 
usefulness. Four commenters argued that requiring the railroads to 
retain the pertinent documents at their system headquarters and at all 
of their division headquarters would impose additional administrative 
costs with no offsetting safety benefits. Two organizations suggested 
that the operational testing programs and annual summaries be retained 
only at the railroad's system headquarters. Another two parties 
recommended that each railroad's division headquarters retain only 
information that applies to operations within that geographical 
division.
    FRA agrees with the commenters that the proposal was overbroad in 
scope. The final rule departs from the NPRM by requiring that each 
division headquarters retain only those documents that the division 
applies and enforces (e.g., operational testing programs and operating 
rules instruction programs). Likewise, each division headquarters must 
retain the records of operational tests and inspections conducted by 
that division. The proposal that each railroad retain its operational 
testing program, operating rules instruction program, and annual 
summaries on operational tests and inspections (for railroads with 
400,000 or more total manhours) at the system headquarters has been 
adopted unchanged.
    FRA assumes that railroads with extensive operations conduct 
operational tests and inspections at all division headquarters. 
Railroad safety requires that all employees responsible for train 
operations comply with a railroad's operating rules governing train 
movements over a territory. Therefore, under final rule Sec. 217.9(d), 
railroads with 400,000 or more total manhours will be required to 
retain their annual summaries on operational tests and inspections 
records at their system headquarters and at each of their division 
headquarters. Although two parties asked that the regulation be amended 
to require railroads to retain all of their annual summaries only at 
the system headquarters level, FRA believes that this data must also be 
available at all division headquarters in order for inspectors to 
determine the extent of rules compliance in other divisions and system-
wide. This requirement will not impose any further burdens on the 
railroads because, as one commenter noted, the railroads already 
maintain copies of these documents at the division level and provide 
copies for FRA inspectors upon request. FRA believes that effective 
inspections of annual summaries are best served by examining these 
records at a railroad's division headquarters and system headquarters.
    4. Whether FRA should permit electronic retention of documents.
    The NPRM never addressed this issue specifically. However, the 
proposal's emphasis on deregulation encouraged several parties to 
recommend that FRA allow railroads to retain records and reports by 
electronic recordkeeping. Both the written and oral comments stressed 
the cost savings that computer filing would provide to railroads. 
Requiring railroads to retain the information in paper form would 
impose additional administrative and storage costs. Computer storage of 
these documents would also enable the railroads to immediately update 
any amendments to their operational testing programs and operating 
rules instruction programs. Moreover, one commenter argued that 
retaining ``hard copies'' that contained historical data could create 
confusion in the offices that utilize the information.
    After reviewing the written comments and the transcript of the 
public hearing, FRA agrees with the commenters that electronic 
retention is a practical alternative for railroads to comply with the 
regulatory recordkeeping requirements. FRA thus authorizes railroads to 
retain their operational testing programs, operational test and 
inspection records (including annual summaries), and instruction 
programs on operating rules by electronic recordkeeping provided that 
certain conditions are met to safeguard the data entered and stored in 
a computer system. These stipulations are stated in Sec. 217.9(e) and 
explained in the Section-by-Section Analysis. Railroads that elect to 
use electronic data processing systems to store their operating rules 
information must be certain that proper security measures are 
implemented to ensure the integrity of the documents retrieved for 
inspection. Moreover, the information produced by computer must be 
organized in a usable format to afford FRA inspectors complete access 
to the records. FRA believes that electronic record retention is a 
viable option for the railroads provided that FRA's monitoring 
activities to measure compliance remain unimpeded.

Section-by-Section Analysis

    The final rule contains substantial revisions to the proposal to 
amend the Railroad Operating Rules and the Radio Standards and 
Procedures (49 CFR Parts 217 and 220) in response to the written 
comments received, the testimony at the public hearing, and further 
review and reflection within FRA. Where terms or paragraphs in the 
final rule differ from those in the NPRM, the final rule provides 
designations or citations to reflect these amendments.
    1. Definitions. In new Sec. 217.4, definitions of ``Class I,'' 
``Class II,'' and ``Class III'' railroads are included to explain the 
classifications by which regulatory requirements are assigned. The 
definitions of ``division headquarters'' and ``system headquarters'' 
have been discussed earlier in this preamble.
    2. Operating rules; filing and recordkeeping.
    Section 217.7 contains the filing and recordkeeping requirements 
with regard to operating rules, timetables, and timetable special 
instructions.
    Paragraph (a) provides that Class I railroads, Class II railroads, 
the National Railroad Passenger Corporation (Amtrak), and railroads 
providing commuter service in a metropolitan or suburban area must 
continue to file their operating rules, timetables, and timetable 
special instructions with the Federal Railroad Administrator. The 
deadline for filing these documents is November 21, 1994. Most 
railroads are in compliance with FRA's existing provisions concerning 
such filings. For such railroads, it is not FRA's intent that another 
copy of already filed material be given to the agency. If a railroad 
currently has its documents on file with the agency, FRA will deem that 
railroad to be in compliance with this section, if the documents are in 
effect on November 21, 1994. (In other words, if previously filed 
documents are still in effect on November 21, 1994, then a railroad has 
complied with the new provision, having filed before December 21, 
1994.)
    Paragraph (b) provides that railroads subject to the filing 
requirements must also submit to FRA a copy of any amendment to these 
documents issued after November 21, 1994, within 30 days after it is 
issued.
    Under paragraph (c), Class III railroads and all other railroads 
subject to this part but not subject to paragraphs (a) and (b) of this 
section must retain one copy of their current operating rules, 
timetables, and timetable special instructions at their respective 
system headquarters. These documents must be made available to FRA 
representatives for inspection and photocopying during normal business 
hours.
    3. Program of operational tests and inspections; recordkeeping; 
annual summary on operational tests and inspections; electronic 
recordkeeping. Proposed amendments to Sec. 217.9 called for railroads 
to retain one copy of their operational test and inspection programs at 
all division headquarters and at the system headquarters. The final 
rule adopts this proposal with some significant modifications.
    Proposed paragraph (a) is adopted unchanged, with one exception: A 
railroad must now conduct its operational tests and inspections in 
accordance with a program that it retains.
    Paragraph (b) also departs from the proposed text. After November 
21, 1994, a railroad must retain one copy of its current program of 
operational tests and inspections. The program must be updated with any 
subsequent amendments. These programs must be retained at the system 
headquarters of the railroad and at the division headquarters for each 
division where the tests prescribed in the program are conducted (i.e., 
the records availability may be division specific). In other words, if 
certain tests are not conducted in a certain division, that division 
headquarters need not retain a copy of the program prescribing those 
particular tests. The operational testing program must be made 
available to FRA representatives for inspection and photocopying during 
normal business hours and must be retained for three calendar years 
following the end of the year to which it relates.
    The criteria requirements stated in existing Sec. 217.9(b) (1)-(4) 
and (6) remain unchanged, and a conforming change is made to paragraph 
(b)(5): deletion of the reference to a program ``filed with'' FRA. 
Under final rule paragraph (b)(5), a railroad must begin conducting 
operational tests and inspections within 30 days after November 21, 
1994 or the date of commencing operations, whichever is later. This 
requirement will not affect railroads that are currently in operation, 
given that the existing regulations already require railroads to begin 
their programs within 30 days after they file their operational testing 
programs.
    Redesignated Sec. 217.9(c) (formerly Sec. 217.9(d)) requires a 
railroad to keep a record of the date, time, place, and result of each 
operational test and inspection that was performed in accordance with 
its program. Each record must identify the officer administering the 
operational test and inspection and each employee tested. These 
requirements clarify the information requirements provided under 
existing Sec. 217.9(d) by identifying specific data points each record 
must provide. These revisions will promote the examination of relevant 
information from captured data sources, enabling FRA to determine the 
effectiveness of a railroad's operational testing program. The 
operational test and inspection records must be retained for one 
calendar year after the end of the year to which they relate at the 
system headquarters of the railroad and at the division headquarters 
for each division where the tests are conducted (i.e., the records 
availability may be division specific). Additionally, railroads must 
make their operational test and inspection records available to FRA 
representatives for inspection and photocopying during normal business 
hours.
    FRA has decided to organize all provisions in Part 217 pertaining 
to operational tests and inspections under Sec. 217.9; therefore, 
Sec. 217.13 introductory text and paragraphs (a) through (c) are 
removed and redesignated as Sec. 217.9(d). New paragraph (d) requires 
railroads with 400,000 or more total manhours per year to compile an 
``annual summary'' recounting the number, type, and result of each 
operational test and inspection conducted, stated according to 
operating divisions where applicable, which are the same requirements 
as provided under existing Sec. 217.13(b). The summaries should be 
indexed in a well organized format to facilitate efficient and 
manageable review. FRA has also concluded that annual compilations of 
the total number of train miles and of the rate at which the railroad 
conducts operational tests and inspections provide limited useful 
information; therefore, these existing requirements are removed from 
the final rule. These compilations, redesignated ``annual summaries on 
operational tests and inspections,'' must be made available at each 
division headquarters and at the system headquarters by March 1 of each 
calendar year. Such annual summaries are required to be retained at 
these locations for three calendar years after the end of the year to 
which they relate and made available to FRA representatives for 
inspection and photocopying during normal business hours.
    New Sec. 217.9(e) authorizes railroads to retain their operational 
testing programs, operational test and inspection records, and annual 
summaries on operational tests and inspections by electronic 
recordkeeping, subject to conditions stated in that provision. This 
provision provides an alternative for railroads retaining certain 
information as required in the regulations.
    Each participating railroad must have the essential components of a 
computer system (i.e., a desk-top computer and either a facsimile 
machine or a printer connected to the computer to retrieve and produce 
records for immediate review). The material retrieved in hard copy form 
must contain relevant information organized in a usable format to 
render the data completely understandable. The documents must be made 
available for FRA inspection during normal business hours, which FRA 
interprets as the time, any day of the week, when railroads conduct 
their regular business transactions. Nevertheless, FRA reserves the 
right to review and examine the documents prepared in accordance with 
the Railroad Operating Rules and Radio Standards and Procedures 
regulations at any reasonable time if situations warrant.
    Additionally, each railroad must provide adequate security measures 
to limit employee access to its electronic data processing system and 
must prescribe who can create, modify, or delete data from the data 
base. Although FRA does not identify the management position capable of 
instituting changes in the data base, each railroad must indicate the 
source authorized to make such changes. Each railroad must also 
designate who will be authorized to authenticate the hard copies 
produced from the electronic format. In short, each railroad electing 
to electronically retain its records must ensure the integrity of the 
information and prevent possible tampering of data, enabling FRA to 
fully execute its enforcement responsibilities.
    4. Program of instruction on operating rules; recordkeeping; 
electronic recordkeeping. Section 217.11 is revised to require that a 
railroad retain a copy of its instruction program on operating rules 
instead of filing a copy with the Federal Railroad Administrator. 
Paragraph (a), which mandates periodic instruction of employees whose 
activities are governed by the railroad's operating rules in accordance 
with a written program, remains unchanged, with the exception that the 
system headquarters of the railroad is to retain a copy of the entire 
instruction program and that the division headquarters for each 
division where an employee is instructed is to retain all portions of 
the copy of the program that the division applies and enforces. (In 
other words, the records availability at the division headquarters may 
be division specific.) Paragraph (b) mandates that after November 21, 
1994, or 30 days before commencing operations, whichever is later, a 
railroad must make one copy of its current program and one copy of any 
subsequent revision available to FRA for inspection and photocopying 
during normal business hours. Paragraph (c) is added to authorize a 
railroad to retain by electronic recordkeeping its instruction program 
on operating rules, provided that certain conditions specified in 
Sec. 217.9(e) (1)-(5) are met.
    5. Annual report on enforcement of part 219; information collection 
requirements. The requirements formerly provided under Sec. 217.13(d), 
``Annual report on enforcement of part 219,'' have been transferred to 
part 219 with the final rule publication of 49 CFR Sec. 219.803. See 
final rule at 58 FR 68235 (1993). Because existing Sec. 217.13 (a)-(c) 
is redesignated as Sec. 217.9(d), Sec. 217.13 is removed and existing 
Sec. 217.15, ``Information collection requirements,'' is redesignated 
as Sec. 217.13. The removal of existing Sec. 217.13 eliminates the 
information collection requirements provided under existing 
Sec. 217.15(b)(4), redesignated Sec. 217.13(b)(4), which is, therefore, 
removed.
    6. Definitions. Section 220.5 is amended by adding paragraphs (d) 
and (e), which define ``division headquarters'' and ``system 
headquarters.'' These terms also appear in Sec. 217.4 and are discussed 
previously in the preamble.
    7. Railroad operating rules; radio communications; recordkeeping. 
Section 220.21(b) is amended by requiring railroads subject to Part 220 
to retain one copy of their current radio operating rules and any 
subsequent revisions at the locations prescribed in newly added 
subparagraphs (1) and (2). Subparagraph (1) provides that Class I 
railroads, Class II railroads, the National Railroad Passenger 
Corporation, and railroads providing commuter service in a metropolitan 
or suburban area must retain their radio rules at all division 
headquarters and at the system headquarters. Under subparagraph (2), 
Class III railroads and all other railroads subject to this part but 
not subject to subparagraph (1) are required to retain their radio 
rules at their respective system headquarters. These records are 
required to be made available to FRA representatives for inspection and 
photocopying during normal business hours.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies

    This final rule has been evaluated in accordance with existing 
regulatory policies. The regulatory document is considered to be a 
nonsignificant regulatory action under E.O. 12866 and is a 
nonsignificant rule under Sec. 5(a)(4) of DOT Regulatory Policies and 
Procedures [44 FR 11034, February 26, 1979] because it eliminates 
nonessential reporting requirements while maintaining a high level of 
safety. FRA has prepared and placed in the rulemaking docket a 
regulatory evaluation addressing the economic impact of this rule. A 
copy of the regulatory evaluation may be reviewed and copied in Room 
8201, 400 Seventh Street, S.W., Washington, D.C. 20590.
    In its regulatory analysis, FRA found that railroads will derive 
several benefits with the implementation of this rule. First, the final 
rule eliminates or narrows the applicability of various requirements 
that railroads reproduce and mail to FRA certain records and reports of 
operating rules and practices, thereby reducing administrative and 
postage expenses. Although certain railroads will still have to submit 
particular documents to FRA, the final rule removes most processing and 
handling expenditures associated with filing the paperwork requirements 
under existing Part 217. Second, the final rule reduces Federal 
government labor costs necessary to examine, organize, and compile the 
information since most of the records will be retained at the 
appropriate railroad offices. Finally, railroads will be permitted to 
retain required information in an electronic format, thereby reducing 
storage and overhead costs and facilitating access to selected records. 
The regulatory evaluation does not quantify the reduction in costs 
available to railroads electing to exercise this option; therefore, 
this analysis does not reflect the economic benefits gained from 
electronic recordkeeping.
    FRA estimates that, over a twenty-year period, this rule will cost 
the railroad industry a total of $786. The cost to the railroads to 
comply with this rule is about $311 for the first year and $25 for 
every year thereafter. This cost burden is attributed to the changes in 
recordkeeping requirements provided in the rule. The total benefits of 
this rule over a twenty-year period amount to about $449,628 for 
reduced labor, copying, and postage costs in both the railroad industry 
and government sector. In the first year, the savings are estimated to 
be $22,432 and $22,484 for each subsequent year. The benefits will be 
about 447.52 times the costs.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. Sec. 601 et seq.) 
requires a review of rules to assess their impact on small entities. In 
reviewing the economic impact of the rule, FRA concluded that it will 
not have any measurable impact on small entities. There are no direct 
or indirect economic impacts for small units of government, businesses, 
or other organizations. Therefore, it is certified that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the provisions of the Regulatory Flexibility Act.

Paperwork Reduction Act

    The final rule contains information collection requirements. FRA is 
submitting these information collection requirements to the Office of 
Management and Budget for approval in accordance with the Paperwork 
Reduction Act of 1980 (44 U.S.C. Secs. 3501 et seq.) FRA has endeavored 
to minimize the paperwork burden associated with this rule. The 
regulatory provisions that contain information collection requirements 
and the estimated time necessary to fulfill these requirements are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Estimated 
          Section                                      Brief description                            time (hours)
----------------------------------------------------------------------------------------------------------------
217.7(a)....................  Filing one copy of a railroad's operating rules, timetables, and              1   
                               timetable special instructions with FRA.                                         
                              Note: Railroads may inform FRA in writing that the latest operating               
                               rules, timetables, and timetable special instructions filed with                 
                               FRA remain currently in effect. The estimated time to prepare the                
                               letter is 30 minutes. Section 217.7(a)-(b) applies only to Class I               
                               railroads, Class II railroads, National Railroad Passenger                       
                               Corporation (Amtrak), and commuter railroads.                                    
217.7(b)....................  Filing one copy of each amendment to a railroad's operating rules,             .33
                               timetables, and timetable special instructions with FRA.                         
217.7(c)....................  Retaining one copy of a railroad's operating rules, timetables, and            .92
                               timetable special instructions at the railroad's system                          
                               headquarters.                                                                    
                              Note: Section 217.7(c) applies only to Class III railroads.                       
217.7(c)....................  Retaining one copy of each amendment to a railroad's operating                 .25
                               rules, timetables, and timetable special instructions at the                     
                               railroad's system headquarters.                                                  
217.9(b)....................  Preparing and making one copy of a railroad's program for periodic            9.92
                               performance of operational tests and inspections. The program must               
                               be retained at the railroad's system headquarters and all                        
                               applicable division headquarters.                                                
217.9(b)....................  Preparing and making one copy of each amendment to a railroad's               1.92
                               program for periodic performance of operational tests and                        
                               inspections. The amendments must be retained at the railroad's                   
                               system headquarters and all applicable division headquarters.                    
217.9(c)....................  Conducting operational tests and inspections and recording the                 .25
                               results thereof. The records must be retained at the railroad's                  
                               system headquarters and all applicable division headquarters.                    
217.9(d)....................  Compiling information and preparing the railroad's annual summary on          7   
                               operational tests and inspections. The annual summary must be                    
                               retained at the railroad's system headquarters and all division                  
                               headquarters.                                                                    
                              Note: Section 217.9(d) applies only to railroads with 400,000 or                  
                               more manhours                                                                    
217.11(b)...................  Preparing and making one copy of a railroad's program of instruction          9.92
                               on operating rules. The program must be retained at the railroad's               
                               system headquarters and all applicable division headquarters.                    
217.11(b)...................  Preparing and making one copy of each amendment to a railroad's                .92
                               program of instruction on operating rules. The amendments must be                
                               retained at the railroad's system headquarters and all applicable                
                               division headquarters.                                                           
220.21(b)...................  Retaining one copy of a railroad's operating rules with respect to         (*)    
                               radio communications. The radio rules, and any subsequent                        
                               amendments thereto, must be retained at the railroad's system                    
                               headquarters and all division headquarters (Class I railroads,                   
                               Class II railroads, Amtrak, and commuter railroads) and system                   
                               headquarters (Class III railroads).                                              
----------------------------------------------------------------------------------------------------------------
*Although Sec. 220.21(b) requires railroads to collect certain information, FRA assumes that most railroads     
  prepare their radio rules in conjunction with their operating rules as required by Sec. 217.7. Therefore, FRA 
  believes that the radio rules requirements will not impose any additional burden on the railroad industry than
  what is already required under Sec. 217.7.                                                                    

    The estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and reviewing the collection of information. FRA solicits 
comments on the accuracy of the estimates, the utility of the 
information, and other methods that might be less burdensome to obtain 
this information.
    Persons desiring to comment regarding the burden estimate or any 
other aspect of this collection of information, including suggestions 
for reducing this burden, should submit their views in writing to: Ms. 
Gloria Swanson, Office of Safety, RRS-21, Federal Railroad 
Administration, 400 Seventh Street, S.W., Room 8301, Washington, D.C. 
20590; and to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, ATTN: Desk Officer for FRA (OMB No. 2130-
0035), New Executive Office Building, 726 Jackson Place, N.W., Room 
3201, Washington, D.C. 20503. Copies of any such comments should also 
be submitted to the Docket Clerk, Office of Chief Counsel, Federal 
Railroad Administration, 400 Seventh Street, S.W., Room 8201, 
Washington, D.C. 20590.

Environmental Impact

    FRA has evaluated this final rule in accordance with its procedures 
for ensuring full consideration of the potential environmental impacts 
of FRA actions, as required by the National Environmental Policy Act 
and related directives. This final rule meets the criteria that 
establish this as a non-major action for environmental purposes.

Federalism Implications

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

List of Subjects

49 CFR Part 217

    Railroad operating rules, Railroad safety, Penalties, Reporting and 
recordkeeping requirements.

49 CFR Part 220

    Radio standards and procedures, Railroad operating rules, Radio 
communications, Reporting and recordkeeping requirements.

The Final Rules

    In consideration of the foregoing, part 217, title 49, Code of 
Federal Regulations is amended to read as follows:

PART 217--[AMENDED]

    1. The authority citation for Part 217 is revised to read as 
follows:

    Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 21301, 21304, 
21311 (1994) (formerly codified at 45 U.S.C. 431, 437, 438); Pub. L. 
103-272 (1994); and 49 CFR 1.49(m).

    2. Section 217.4 is added to read as follows:


Sec. 217.4  Definitions.

    As used in this part--
    Class I, Class II, and Class III have the meaning assigned by 
regulations of the Interstate Commerce Commission (49 CFR part 1201; 
General Instructions 1-1), as those regulations may be revised and 
applied by order of the Commission (including modifications in class 
thresholds based revenue deflator adjustments).
    Division headquarters means the location designated by the railroad 
where a high-level operating manager (e.g., a superintendent, division 
manager, or equivalent), who has jurisdiction over a portion of the 
railroad, has an office.
    System headquarters means the location designated by the railroad 
as the general office for the railroad system.
    3. Section 217.7 is revised to read as follows:


Sec. 217.7  Operating rules; filing and recordkeeping.

    (a) On or before December 21, 1994, each Class I railroad, Class II 
railroad, the National Railroad Passenger Corporation, and each 
railroad providing commuter service in a metropolitan or suburban area 
that is in operation on November 21, 1994, shall file with the Federal 
Railroad Administrator, Washington, DC 20590, one copy of its code of 
operating rules, timetables, and timetable special instructions which 
were in effect on November 21, 1994. Each Class I railroad, each Class 
II railroad, and each railroad providing commuter service in a 
metropolitan or suburban area that commences operations after November 
21, 1994, shall file with the Administrator one copy of its code of 
operating rules, timetables, and timetable special instructions before 
it commences operations.
    (b) After November 21, 1994, each Class I railroad, each Class II 
railroad, the National Railroad Passenger Corporation, and each 
railroad providing commuter service in a metropolitan or suburban area 
shall file each new amendment to its code of operating rules, each new 
timetable, and each new timetable special instruction with the Federal 
Railroad Administrator within 30 days after it is issued.
    (c) On or after November 21, 1994, each Class III railroad and any 
other railroad subject to this part but not subject to paragraphs (a) 
and (b) of this section shall keep one copy of its current code of 
operating rules, timetables, and timetable special instructions and one 
copy of each subsequent amendment to its code of operating rules, each 
new timetable, and each new timetable special instruction, at its 
system headquarters, and shall make such records available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours.
    4. Section 217.9 is amended by revising paragraphs (a), (b) 
introductory text, (b)(5), (c) and (d), and adding paragraph (e) to 
read as follows:


Sec. 217.9  Program of operational tests and inspections; 
recordkeeping; annual summary on operational tests and inspections; 
electronic recordkeeping.

    (a) Requirement to conduct operational tests and inspections. Each 
railroad to which this part applies shall periodically conduct 
operational tests and inspections to determine the extent of compliance 
with its code of operating rules, timetables, and timetable special 
instructions in accordance with a written program retained at its 
system headquarters and at the division headquarters for each division 
where the tests are conducted.
    (b) Written program of operational tests and inspections. On or 
after November 21, 1994, or 30 days before commencing operations, 
whichever is later, each railroad to which this part applies shall 
retain one copy of its current program for periodic performance of the 
operational tests and inspections required by paragraph (a) of this 
section and one copy of each subsequent amendment to such program. 
These records shall be retained at the system headquarters of the 
railroad and at the division headquarters for each division where the 
tests are conducted, for three calendar years after the end of the 
calendar year to which they relate. These records shall be made 
available to representatives of the Federal Railroad Administration for 
inspection and copying during normal business hours. The program 
shall--* * *
    (5) Begin within 30 days after November 21, 1994, or the date of 
commencing operations, whichever is later; and
* * * * *
    (c) Records of individual tests and inspections. Each railroad to 
which this part applies shall keep a record of the date, time, place, 
and result of each operational test and inspection that was performed 
in accordance with its program. Each record shall specify the officer 
administering the test and inspection and each employee tested. These 
records shall be retained at the system headquarters of the railroad 
and at the division headquarters for each division where the tests are 
conducted for one calendar year after the end of the calendar year to 
which they relate. These records shall be made available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours.
    (d) Annual summary on operational tests and inspections. Before 
March 1 of each calendar year, each railroad to which this part 
applies, except for a railroad with less than 400,000 total manhours, 
shall retain, at each of its division headquarters and at the system 
headquarters of the railroad, one copy of a written summary of the 
following with respect to its previous year's activities: The number, 
type, and result of each operational test and inspection, stated 
according to operating divisions where applicable, that was conducted 
as required by paragraphs (a) and (b) of this section. These records 
shall be retained for three calendar years after the end of the 
calendar year to which they relate and shall be made available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours.
    (e) Electronic recordkeeping. Each railroad to which this part 
applies is authorized to retain by electronic recordkeeping the 
information prescribed in paragraphs (b) through (d) of this section, 
provided that all of the following conditions are met:
    (1) The railroad adequately limits and controls accessibility to 
such information retained in its electronic database system and 
identifies those individuals who have such access;
    (2) The railroad has a terminal at the system headquarters and at 
each division headquarters;
    (3) Each such terminal has a desk-top computer (i.e., monitor, 
central processing unit, and keyboard) and either a facsimile machine 
or a printer connected to the computer to retrieve and produce 
information in a usable format for immediate review by FRA 
representatives;
    (4) The railroad has a designated representative who is authorized 
to authenticate retrieved information from the electronic system as 
true and accurate copies of the electronically kept records; and
    (5) The railroad provides representatives of the Federal Railroad 
Administration with immediate access to these records for inspection 
and copying during normal business hours and provides printouts of such 
records upon request.
    5. Section 217.11 is amended by revising the heading and by 
revising paragraphs (a), (b) introductory text, (b)(4), and (c) to read 
as follows:


Sec. 217.11   Program of instruction on operating rules; recordkeeping; 
electronic recordkeeping.

    (a) To ensure that each railroad employee whose activities are 
governed by the railroad's operating rules understands those rules, 
each railroad to which this part applies shall periodically instruct 
each such employee on the meaning and application of the railroad's 
operating rules in accordance with a written program retained at its 
system headquarters and at the division headquarters for each division 
where the employee is instructed.
    (b) On or after November 21, 1994, or 30 days before commencing 
operations, whichever is later, each railroad to which this part 
applies shall retain one copy of its current program for the periodic 
instruction of its employees as required by paragraph (a) of this 
section and one copy of each subsequent amendment to that program. The 
system headquarters of the railroad shall retain one copy of all these 
records; the division headquarters for each division where the 
employees are instructed shall retain one copy of all portions of these 
records that the division applies and enforces. These records shall be 
made available to representatives of the Federal Railroad 
Administration for inspection and copying during normal business hours. 
This program shall--* * *
    (4) Begin within 30 days after November 21, 1994, or the date of 
commencing operations, whichever is later; and
* * * * *
    (c) Each railroad to which this part applies is authorized to 
retain by electronic recordkeeping its program for periodic instruction 
of its employees on operating rules provided that the requirements 
stated in Sec. 217.9(e)(1) through (5) of this part are satisfied.
    6. Section 217.13, ``Annual report,'' is removed, and Sec. 217.15, 
``Information collection,'' is redesignated as Sec. 217.13.
    7. Redesignated Sec. 217.13 is amended by removing paragraph 
(b)(4).
    8. Appendix A to Part 217 is revised to read as follows: 

          Appendix A to Part 217--Schedule Of Civil Penalties1          
------------------------------------------------------------------------
                                                                Willful 
                     Section                        Violation  violation
------------------------------------------------------------------------
217.7 Operating rules:                                                  
    (a)...........................................     $2,500     $5,000
    (b)...........................................     $2,000     $5,000
    (c)...........................................     $2,500     $5,000
217.9 Operational tests and inspections:                                
                                                                        
    (a) Program...................................     $5,000     $7,500
    (b) Record of program.........................      2,500     $5,000
    (c) Record of tests and inspections...........     $5,000     $7,500
    (d) Annual summary............................     $5,000     $7,500
217.11 Program of instruction on operating rules:                       
    (a)...........................................     $5,000     $7,500
    (b)...........................................     $2,500    $5,000 
------------------------------------------------------------------------
1A penalty may be assessed against an individual only for a willful     
  violation. The Administrator reserves the right to assess a penalty of
  up to $20,000 for any violation where circumstances warrant. See 49   
  CFR part 209, appendix A.                                             

    In consideration of the foregoing, part 220, title 49, Code of 
Federal Regulations is amended to read as follows:

PART 220--[AMENDED]

    1. The authority citation for Part 220 is revised to read as 
follows:

    Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 21301, 21304, 
21311 (1994) (formerly codified at 45 U.S.C. 431, 437, 438); Pub. L. 
103-272 (1994); and 49 CFR 1.49(m).

    2. In Sec. 220.5, paragraphs (d) and (e) are added to read as 
follows:


Sec. 220.5  Definitions.

* * * * *
    (d) Division headquarters means the location designated by the 
railroad where a high-level operating manager (e.g., a superintendent, 
division manager, or equivalent), who has jurisdiction over a portion 
of the railroad, has an office.
    (e) System headquarters means the location designated by the 
railroad as the general office for the railroad system.
    3. Section 220.21 is amended by revising the heading and paragraph 
(b) to read as follows:


Sec. 220.21  Railroad operating rules; radio communications; 
recordkeeping.

* * * * *
    (b) On or after November 21, 1994, or 30 days before commencing to 
use radio communications in connection with railroad operations, 
whichever is later, each railroad shall retain one copy of its current 
operating rules with respect to radio communications, and of each 
amendment to these rules, at the locations prescribed in paragraphs (b) 
(1) and (2) of this section. These records shall be made available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours.
    (1) Each Class I railroad, each Class II railroad, the National 
Railroad Passenger Corporation, and each railroad providing commuter 
service in a metropolitan or suburban area shall retain such rules at 
each of its division headquarters and at the system headquarters of the 
railroad; and
    (2) Each Class III railroad and any other railroad subject to this 
part but not subject to paragraph (b)(1) of this section shall retain 
such rules at the system headquarters of the railroad.

    Issued in Washington, D.C. on August 12, 1994.
Jolene M. Molitoris,
Administrator, Federal Railroad Administration.
[FR Doc. 94-20457 Filed 8-19-94; 8:45 am]
BILLING CODE 4910-06-P