81 FR 88127 - Railroad Police Officers
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 81, Issue 235 (December 7, 2016)
Federal Railroad Administration
Federal Register Volume 81, Issue 235 (December 7, 2016)
| Page Range | 88127-88133 | |
| FR Document | 2016-29256 |
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)] [Rules and Regulations] [Pages 88127-88133] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29256] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 207 [Docket No. FRA-2016-0107, Notice No. 1] RIN 2130-AC62 Railroad Police Officers AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends FRA's regulations on railroad police officers to implement certain provisions of the Fixing America's Surface Transportation [[Page 88128]] (FAST) Act. Consistent with the FAST Act, FRA is amending its regulations to allow: Railroads to hire contractors as railroad police officers; railroad police officers to transfer from one state to another without immediately needing to be commissioned or certified in the new state; and a state to recognize an officer's training at another state's recognized police academy or at a Federal law enforcement training center as meeting the state's basic police officer certification or commissioning requirements. DATES: This final rule is effective February 6, 2017. FOR FURTHER INFORMATION CONTACT: Gareth Rosenau, Office of Chief Counsel, Federal Railroad Administration, Mail Stop 10, Room W31-316, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-493- 6054). SUPPLEMENTARY INFORMATION: I. Background Prior to enactment of the FAST Act (Pub. L. 114-94 (Dec. 4, 2015)), 49 U.S.C. 28101 (Section 28101) authorized railroad employees commissioned or certified as police officers by any state to enforce, consistent with DOT regulations, the laws of any state where the railroad police officer's employer owns property to protect railroad property, personnel, passengers, and cargo. Section 28101 did not allow railroads to hire contractor railroad police officers or allow a railroad police officer to transfer from one state to another unless that officer was immediately commissioned or certified in the new state. Section 28101 also did not address training railroad police officers, except general references to the certification or commissioning of the officers under state law. FRA's regulations at 49 CFR part 207 implement Section 28101. FAST Act Section 11412(b) (Section 11412) revised Section 28101 to allow: (1) Railroads to hire contractors as railroad police officers; (2) railroad police officers to transfer from one state to another without immediately needing to be commissioned or certified in the new state; and (3) a state to recognize an officer's training at another state's recognized police academy or a Federal law enforcement training center meets the state's basic police officer certification or commissioning requirements.\1\ --------------------------------------------------------------------------- \1\ Section 11412 of the FAST Act also contained provisions modifying 49 U.S.C. 24305(e) (authorizing Amtrak to employ railroad police officers) and 18 U.S.C. 922(z)(2)(B) (excepting railroad police officers from certain restrictions related to handguns). These provisions are self-executing and require no revision to part 207 or any other FRA regulation. --------------------------------------------------------------------------- Section 11412 also requires the Secretary of Transportation (Secretary) to, within one year of enactment of the FAST Act, revise part 207 consistent with Section 11412. The authority to carry out this mandate is delegated to FRA. See 49 CFR 1.89(a). In issuing this final rule, neither the Secretary nor FRA is exercising any discretion in modifying part 207. Instead, this final rule merely incorporates the new Section 11412 statutory language into existing part 207 and, in certain instances, updates part 207 to ensure consistent application of the regulation, as modified by the FAST Act. II. The FAST Act's Specific Mandates Addressed in This Final Rule The FAST Act made three substantive revisions to existing Section 28101. First, the FAST Act revised Section 28101 paragraphs (a) and (b) to allow railroad police officers to be either direct employees of a railroad or contractors to a railroad (prior to the FAST Act, Section 28101 required railroad police officers to be ``employed by'' a railroad). Specifically, the FAST Act amended Section 28101(a) (the general authorizing provision for railroad police officers) to specify railroad police officers may be ``directly employed by or contracted by'' railroads. This change allows railroads to not only directly employ railroad police officers, but also to hire contractors as railroad police officers. In Section 28101(b) (which allows a railroad police officer to be temporarily assigned to assist a second railroad), the FAST Act revised the words ``employed by'' to ``directly employed by or contracted by'' and specified that a railroad police officer assisting a second railroad is an employee ``or agent, as applicable'' of the second railroad carrier. Second, the FAST Act added a new paragraph (c) to Section 28101 addressing the transfer of railroad police officers from one state of employment or residence to a state other than the one where he or she is commissioned. New paragraph (c) provides a one year interim period for the officer to become commissioned in the new state, while retaining authority to enforce laws in the new state under Section 28101. Third, the FAST Act added a new paragraph (d) to Section 28101 specifically allowing a state to allow a railroad police officer's training at another state's recognized police academy or at a Federal law enforcement training center to meet the state's basic police officer certification or commissioning requirements. III. Justification for Final Rule FRA is proceeding directly to a final rule in this proceeding because it finds, for good cause, notice and public comment is unnecessary because the public would not benefit from such notice. See 5 U.S.C. 553(b)(B). In this rule, FRA is merely incorporating the new statutory language of the FAST Act into existing part 207, and, in doing so, is exercising no discretion. See, e.g., Komjathy v. National Transp. Safety Bd., 832 F.2d 1294 (D.C. Cir. 1987), cert. denied, Komjathy v. Administrator, Federal Aviation Admin., 486 U.S. 1057 (1988). IV. Section-by-Section Analysis Section 207.1 Application Existing Sec. 207.1 states part 207 applies to ``all railroads,'' as defined in section 202(e) of the Federal Railroad Safety Act of 1970. FRA is updating this section to accurately reflect the current statutory cite for the term ``railroad.'' 49 U.S.C. 20103. This only updates an outdated statutory citation and is not a substantive amendment. Section 207.2 Definitions Existing paragraph (a) of Sec. 207.2 defines ``railroad police officer'' as a ``peace officer who is commissioned in his or her state of legal residence or state of primary employment and employed by a railroad to enforce state laws for the protection of railroad property, personnel, passengers, and/or cargo.'' Consistent with the mandate of Section 11412, this rule revises this definition by clarifying that term includes peace officers ``directly employed by'' or ``contracted by'' a railroad. Section 207.3 Designation and Commissioning Existing paragraph (b) of Sec. 207.3 requires railroad police officers to be commissioned by the officer's state of legal residence or the officer's state of primary employment. Consistent with Section 11412's new provision providing for a one year interim period for an officer transferring from one state of employment or residence to another to become commissioned or certified in the new state, FRA is revising this paragraph to except railroad police officers from this commissioning requirement during such an interim period by referencing new Sec. 207.6 (discussed below). [[Page 88129]] Section 207.6 Transfers Consistent with new Section 28101(c), FRA is adding new Sec. 207.6 to address transferring railroad police officers from one state of employment or residence to a state other than the one where he or she is commissioned. Section 207.6(a) provides that if a railroad police officer certified or commissioned as a police officer under the laws of a state or jurisdiction transfers primary employment or residence from the certifying or commissioning state to another state or jurisdiction, then the railroad police officer must apply to be certified or commissioned as a police officer under the laws of the state of new primary employment or residence not later than one year after the date of transfer. Section 207.6(b) provides that during the period beginning on the date of transfer and ending one year after the date of transfer, a railroad police officer certified or commissioned as a police officer under the laws of a state may enforce the laws of the new state or jurisdiction in which the railroad police officer resides, to the same extent as provided in existing Sec. 207.5(a) governing the authority of railroad police officers in states where the officer is not commissioned or certified. Section 207.7 Training Consistent with new Section 28101, FRA is adding new Sec. 207.7 specifically allowing a state to recognize a railroad police officer's training at another state's recognized police academy or at a Federal law enforcement training center meets the state's basic police officer certification or commissioning requirements. Tracking paragraph (d)(1) of Section 28101, paragraph (a) of new Sec. 207.7 specifically allows states to recognize its basic police officer certification or commissioning requirements for qualification as a railroad police officer are met by any individual who successfully completes a program at another state's state-recognized police training academy or a Federal law enforcement training center and who is certified or commissioned as a police officer by that other state. Tracking paragraph (d)(2) of Section 28101, paragraph (b) of new Sec. 207.7 explains the rule may not be construed to supersede or affect any state training requirements related to criminal law, civil procedure, motor vehicle code, any other state law, or state-mandated comparative or annual in-service training academy or Federal law enforcement training center. V. Regulatory Impact and Notices A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures FRA evaluated this final rule under existing policies and procedures and determined it is non-significant, under both Executive Orders 12866 and 13563, and DOT policies and procedures. See 44 FR 11034, Feb. 26, 1979. Because FRA determined the anticipated costs from this final rule are de minimis, FRA did not prepare a separate regulatory impact assessment document. Instead, FRA summarized its assessment of the cost and benefit expected to result from implementation of this final rule here. First, FRA found this final rule will not create any additional burden on any entities. Thus, we do not expect the rule to result in any costs, either quantifiable or non-quantifiable, as the rule does not create any additional requirements entities must follow. Second, FRA found the final rule provides benefits to entities and benefits to workers from the three provisions allowing: (1) Railroads to hire contractor police officers; (2) railroad police officers to transfer from one state to another without immediately needing to be commissioned or certified in the new state; and (3) a state to recognize an officer's training at another state's recognized police academy or at a Federal law enforcement training center meets the state's basic police officer certification or commissioning requirements. Providing entities with the ability to employ contractor police officers more easily allows entities to adjust employment rolls based upon their business needs. Providing flexibility for railroad police officers to transfer from one state to another allows for increased mobility of railroad police officers to meet interstate business needs. Increased interstate worker mobility addresses the current geographic immobility of railroad police officers caused by existing law that typically requires railroad police officers to be commissioned within their states of residence or primary employment. Similar to how allowing railroads to employ contractor police officers will lead to increased interstate worker mobility, allowing states to recognize an officer's training completed within another state or at a Federal law enforcement training center as meeting that state's basic police officer certification or commissioning requirements will likewise increase the interstate mobility of railroad police officers. Thus, FRA concludes this final rule will result in several non- quantifiable benefits that allow railroads to more efficiently allocate the railroad police officer workforce based upon employment needs. Therefore, the final rule benefits workers because there is increased worker mobility, and the final rule benefits railroads, because of the increased flexibility and efficiency they have to allocate railroad police officers. It is important to note the total number of railroad police officers is not expected to change as a result of this final rule. However, this final rule may result in a more stable labor market for railroad police officers, with a lower employment turnover rate, since railroad police officers can more easily relocate. B. Regulatory Flexibility Act and Executive Order 13272; Certification FRA developed this final rule under Executive Order 13272 (``Proper Consideration of Small Entities in Agency Rulemaking'') and DOT's procedures and policies to promote compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) to ensure potential impacts of rules on small entities are properly considered. The Regulatory Flexibility Act requires an agency to review regulations to assess their impact on small entities. An agency must conduct a regulatory flexibility analysis unless it determines and certifies that a rule is not expected to have a significant economic impact on a substantial number of small entities. This final rule will apply to all entities employing or contracting for railroad police officers. Because the final rule does not impose any substantive requirements on regulated entities (either large or small), FRA estimates this rule imposes no costs on regulated entities. Thus, because this final rule does not create any costs, it will not result in greater costs per employee for small entities as compared to large entities. FRA estimates there are fewer than 5 railroads that are both small entities for purposes of this analysis, and that employ or contract for railroad police officers. Moreover, because there are no costs associated with this final rule, the economic impact on these small entities is not significant. 1. Description of Regulated Entities and Impacts The ``universe'' of entities under consideration includes only those small entities that can reasonably be expected to be directly affected by this final rule. The only small entities potentially [[Page 88130]] affected by this final rule are small railroads that employ or contract for railroad police officers. ``Small entity'' is defined in 5 U.S.C. 601 (Section 601). Section 601(6) defines ``small entity'' as having ``the same meaning as the terms `small business', `small organization' and `small governmental jurisdiction' '' as defined by Section 601. Section 601(3) defines ``small business'' as having the same meaning as ``small business concern'' under Section 3 of the Small Business Act. Section 601(4) defines ``small organization'' as ``any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.'' Section 601(5) defines ``small governmental jurisdiction'' as ``governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand.'' The U.S. Small Business Administration (SBA) stipulates ``size standards'' for small entities. It provides that the largest a for- profit railroad business firm may be (and still be classified as a ``small entity'') is 1,500 employees for ``Line-Haul Operating Railroads'' and 500 employees for ``Short-Line Operating Railroads.''\2\ Additionally, 5 U.S.C. 601(5) defines as ``small entities'' governments of cities, counties, towns, townships, villages, school districts, or special districts with populations less than 50,000. --------------------------------------------------------------------------- \2\ ``Table of Size Standards,'' U.S. Small Business Administration, Jan. 31, 1996, 13 CFR part 121. --------------------------------------------------------------------------- Federal agencies may adopt their own size standards for small entities in consultation with SBA and in conjunction with public comment. Under that authority, FRA has published a final statement of agency policy formally establishing for FRA's regulatory purposes ``small entities'' or ``small businesses'' as railroads, contractors, and hazardous materials shippers that meet the revenue requirements of a Class III railroad as set forth in 49 CFR 1201.1-1 (which is $20 million or less in inflation-adjusted annual revenues, and commuter railroads or small governmental jurisdictions that serve populations of 50,000 or less).\3\ FRA used this definition for this rulemaking. --------------------------------------------------------------------------- \3\ See 49 CFR part 209, appendix C. --------------------------------------------------------------------------- FRA could not exactly quantify the number of entities that could be impacted by this final rule if there was a burden. However, evidence exists that, because of resource constraints, most Class III railroads (small entities) do not employ railroad police officers. See ASLRRA Aims to Help 560 Roads Address Hazmat Car Security, Progressive Railroading, April 2009. Nevertheless, there may be commuter railroads or small governmental jurisdictions that serve populations of 50,000 or less that would be considered small entities and would be impacted by this final rule with no associated burden. Although there is no associated burden, FRA conservatively estimates this final rule will impact approximately 30 railroads, five of which meet FRA's definition of a ``small entity.'' There are approximately 695 small railroads (as defined by revenue size). Class III railroads do not report to the STB, and the precise number of Class III railroads is difficult to ascertain due to conflicting definitions, conglomerates, and even seasonal operations. Potentially, all small railroads could be impacted by this final regulation, but there is no reason to believe that any additional small railroads are likely to employ or contract for railroad police officers. Significant Economic Impact Criteria Previously, FRA sampled small railroads and found that revenue averaged approximately $4.7 million (not discounted) in 2006. One percent of that average annual revenue per small railroad is $47,000. FRA realizes that some railroads will have lower revenue than $4.7 million. FRA estimates that this rule will not result in any additional expense to small railroads over the next ten years, as the final rule does not require entities to comply with anything. That is, while this final rule provides entities with relaxed constraints on how to employ railroad police officers, this final rule does not introduce any new requirements itself. Therefore, FRA concludes there is no expected burden for this final rule so it will not have a significant impact on the financial position of small entities, or on the small entity segment of the railroad industry as a whole. Substantial Number Criteria Because this final rule does not contain any provision requiring action on the part of entities, either large or small, this final rule will not impact a substantial number of small entities. 2. Certification Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), FRA certifies this final rule will not have a significant economic impact on a substantial number of small entities. C. Paperwork Reduction Act The information collection requirements in this final rule are being submitted for approval to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. The sections that contain the new and current information collection requirements are duly designated, and the estimated time to fulfill each requirement is as follows: ---------------------------------------------------------------------------------------------------------------- Total annual Average time per Total annual CFR Section/subject Respondent universe responses response burden hours ---------------------------------------------------------------------------------------------------------------- 207.4--RR Notice to State 763 railroads...... 35 notices......... 5 hours............ 175 Officials--Written notice of RR police officer's commission to each state in which the RR police officer shall protect the railroad's property, personnel, passengers, and cargo. --RR Copy of Written Notices 763 railroads...... 35 records/copies.. 10 minutes......... 6 to State Officials. 207.6--Transfers--Application by 763 railroads...... 30 state 1 hour............. 30 RR police officer for new state certification certification/commission when applications. transferring primary employment or residence from one State to Another (New Provision). [[Page 88131]] 207.7--Training--RR police 763 railroads...... 30 trained RR 40 hours........... 1,200 officer training successful police officers. completion at a state's police academy training program in one state recognized by other state (New Provision). ---------------------------------------------------------------------------------------------------------------- All estimates include the time for reviewing instructions; searching existing data sources; gathering or maintaining the needed data; and reviewing the information. For information or a copy of the unchanged paperwork package submitted to OMB, contact Mr. Robert Brogan at 202-493-6292 or Ms. Kimberly Toone at 202-493-6132 or via email at the following addresses: [email protected]; [email protected]. Organizations and individuals desiring to submit comments on the collection of information requirements should direct them to the Office of Management and Budget, Office of Information and Regulatory Affairs, Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be sent via email to the Office of Management and Budget at the following address: [email protected] OMB is required to make a decision concerning the collection of information requirements contained in this final rule between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication. FRA cannot impose a penalty on persons for violating information collection requirements which do not display a current OMB control number, if required. FRA intends to obtain current OMB control numbers for any new information collection requirements resulting from this rulemaking action prior to the effective date of the final rule. The OMB control number, when assigned, will be announced by separate notice in the Federal Register. D. Federalism Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999), requires FRA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' are defined in the Executive Order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' Under Executive Order 13132, the agency may not issue a regulation with federalism implications that imposes substantial direct compliance costs and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by state and local governments, or the agency consults with state and local government officials early in the process of developing the regulation. Where a regulation has federalism implications and preempts state law, the agency seeks to consult with state and local officials in the process of developing the regulation. This final rule has been analyzed consistent with the principles and criteria in Executive Order 13132. FRA has determined this rule does not have substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. This rule does not impose substantial direct compliance costs on state and local governments. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. E. Environmental Impact FRA has evaluated this final rule consistent with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other environmental statutes, related regulatory requirements, and its ``Procedures for Considering Environmental Impacts'' (FRA's Procedures) (64 FR 28545, May 26, 1999). FRA has determined this final rule is categorically excluded from detailed environmental review under section 4(c)(20) of FRA's NEPA Procedures, ``Promulgation of railroad safety rules and policy statements that do not result in significantly increased emissions of air or water pollutants or noise or increased traffic congestion in any mode of transportation.'' See 64 FR 28547, May 26, 1999. Categorical exclusions (CEs) are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a CE, the agency must also consider whether extraordinary circumstances are present that would warrant a more detailed environmental review through the preparation of an EA or EIS. Id. Consistent with section 4(c) and (e) of FRA's Procedures, the agency has further concluded no extraordinary circumstances exist with respect to this regulation that might trigger the need for a more detailed environmental review. The purpose of this rulemaking is to conform FRA's regulation on railroad police officers to the statutory provisions of Section 11412 of the FAST Act which provide additional flexibility for railroads to hire, employ, and train railroad police officers than previously provided. FRA does not anticipate any environmental impacts from this requirement and finds that there are no extraordinary circumstances present in connection with this final rule. F. Executive Order 13175 (Tribal Consultation) FRA has evaluated this final rule consistent with the principles and criteria in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, dated November 6, 2000. The final rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal laws. Therefore, the funding and consultation requirements of Executive Order 13175 do not apply, and a tribal summary impact statement is not required. G. Executive Order 12898 (Environmental Justice) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and DOT Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or [[Page 88132]] environmental effects, including interrelated social and economic effects, of their programs, policies, and activities on minority populations and low-income populations. The DOT Order instructs DOT agencies to address compliance with Executive Order 12898 and requirements within the DOT Order in rulemaking activities, as appropriate. FRA has evaluated this rule under Executive Order 12898 and the DOT Order and determined it would not cause disproportionately high and adverse human health and environmental effects on minority populations or low-income populations. H. Unfunded Mandates Reform Act of 1995 Under Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless otherwise prohibited by law, assess the effects of Federal regulatory actions on State, local, and tribal governments, and the private sector (other than to the extent that such regulations incorporate requirements specifically set forth in law).'' Section 202 of the Act (2 U.S.C. 1532) further requires that before promulgating any general notice of proposed rulemaking that is likely to result in the promulgation of any rule that includes any Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year, and before promulgating any final rule for 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. This final rule will not result in the expenditure, in the aggregate, of $100,000,000 or more (as adjusted annually for inflation) in any one year, and thus preparation of such a statement is not required. I. Energy Impact Executive Order 13211 requires Federal agencies to prepare a Statement of Energy Effects for any ``significant energy action.'' 66 FR 28355, May 22, 2001. Under the Executive Order, a ``significant energy action'' is defined as any action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is a significant regulatory action under Executive Order 12866 or any successor order, and (ii) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (2) that is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. FRA has evaluated this final rule consistent with Executive Order 13211. FRA has determined this final rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Consequently, FRA has determined this final rule is not a ``significant energy action'' within the meaning of Executive Order 13211. J. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96-39, 19 U.S.C. 2501 et seq.) prohibits Federal agencies from engaging in any standards setting or related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. FRA has assessed the potential effect of this final rule on foreign commerce and believes its requirements are consistent with the Trade Agreements Act of 1979. The requirements imposed relate to safety standards, which, as noted, are not considered unnecessary obstacles to trade. K. Privacy Act Consistent with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides to, www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. List of Subjects in 49 CFR Part 207 Law enforcement, Law enforcement officers, Railroad employees, Railroad safety. The Rule In consideration of the foregoing, FRA amends chapter II, subtitle B of title 49, Code of Federal Regulations as follows: PART 207--[AMENDED] 0 1. The authority citation for part 207 continues to read as follows: Authority: 49 U.S.C. 28101; 49 CFR 1.89. 0 2. Revise Sec. 207.1 to read as follows: Sec. 207.1 Application. This part applies to all railroads as defined in 49 U.S.C. 20103. 0 3. Revise Sec. 207.2(a) to read as follows: Sec. 207.2 Definitions. * * * * * (a) Railroad police officer means a peace officer who is commissioned in his or her state of legal residence or state of primary employment and directly employed by or contracted by a railroad to enforce state laws for the protection of railroad property, personnel, passengers, and/or cargo. * * * * * 0 4. Revise Sec. 207.3(b) to read as follows: Sec. 207.3 Designation and commissioning. * * * * * (b) Except as provided by Sec. 207.6, the designated railroad police officer shall be commissioned by the railroad police officer's state of legal residence or the railroad police officer's state of primary employment. 0 5. Add Sec. 207.6 to read as follows: Sec. 207.6 Transfers. (a) General. If a railroad police officer certified or commissioned as a police officer under the laws of a state or jurisdiction transfers primary employment or residence from the certifying or commissioning state to another state or jurisdiction, then the railroad police officer must apply to be certified or commissioned as a police officer under the laws of the state of new primary employment or residence not later than one (1) year after the date of transfer. (b) Interim period. During the period beginning on the date of transfer and ending one year after the date of transfer, a railroad police officer certified or commissioned as a police officer under the laws of a state may enforce the laws of the new state or jurisdiction in which the railroad police officer resides, to the same extent as provided in Sec. 207.5(a). 0 6. Add Sec. 207.7 to read as follows: Sec. 207.7 Training. (a) A state may consider an individual to have met that state's basic police officer certification or commissioning requirements for qualification as a railroad police officer under this section if that individual: (1) Has successfully completed a program at a state-recognized police training academy in another state or at a Federal law enforcement training center; and (2) Is certified or commissioned as a police officer by the other state. [[Page 88133]] (b) Nothing in this section shall be construed as superseding or affecting any state training requirements related to criminal law, civil procedure, motor vehicle code, any other state law, or state- mandated comparative or annual in-service training academy or Federal law enforcement training center. Issued in Washington, DC, on December 1, 2016. Amitabha Bose, Acting Administrator. [FR Doc. 2016-29256 Filed 12-6-16; 8:45 am] BILLING CODE 4910-06-P
![Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations 88127
may exclude certain operators in why the facilities subject to this final Congressional Review Act
Pennsylvania that have been sending rule would need longer than three years This action is subject to the CRA, and
their wastewater to POTWs. These in order to meet the requirements that the EPA will submit a rule report to
comments are outside the scope of the are currently being met by the vast each House of the Congress and to the
proposed rule, which was specifically majority of the industry. Comptroller General of the United
limited to the extension of the States. This action is not a ‘‘major rule’’
compliance date. See 81 FR 67267; III. Statutory and Executive Order
Reviews as defined by 5 U.S.C. 804(2).
September, 30, 2016 (‘‘EPA will not
consider any comment submitted on the List of Subjects in 40 CFR Part 435
Under Executive Order 12866 (58 FR
proposed rule published today on any Environmental protection,
51735, October 4, 1993) and Executive
topic other than the appropriateness of Pretreatment, Unconventional oil and
Order 13563 (76 FR 3821, January 21,
an extension of the compliance date; gas extraction, Waste treatment and
any other comments will be considered 2011), this action is not a ‘‘significant
regulatory action’’ and is therefore not disposal, Water pollution control.
outside the scope of this rulemaking.’’).
subject to OMB review. With respect to Dated: November 28, 2016.
As clarified in the preamble to the
proposed rulemaking, the rule simply the Regulatory Flexibility Act (5 U.S.C. Gina McCarthy,
extends the implementation deadline 601 et seq.), this action will not have a Administrator.
for certain facilities subject to the significant economic impact on a Therefore, 40 CFR part 435 is
underlying final UOG pretreatment substantial number of small entities—as amended as follows:
standard rule and does not otherwise this direct final relieves regulatory
amend the final pretreatment standards burden by extending the compliance PART 435—OIL AND GAS
rule in any way. See 81 FR 67266, date for any businesses (including small EXTRACTION POINT SOURCE
67267; September 30, 2016 businesses) that were discharging UOG CATEGORY
(incorporating rationale set forth in wastewater to POTWs at the time of
direct final rule at 81 FR 67191, 67192; issuance of the pretreatment standard. ■ 1. The authority citation for part 435
September 30, 2016). Therefore, the EPA For the Sections 202 and 205 of the continues to read as follows:
maintains that comments regarding the Unfunded Mandates Reform Act of 1999 Authority: 33 U.S.C. 1251, 1311, 1314,
applicability of the underlying (UMRA) (Pub. L. 104–4), this action 1316, 1317, 1318, 1342 and 1361.
pretreatment standards rule are outside does not significantly or uniquely affect
the scope of the proposed rule. Any Subpart C—Onshore Subcategory
small governments. The action imposes
such challenges were required to be no incremental enforceable duty on any ■ 2. Amend § 435.33 by adding
raised with respect to the underlying state, local or tribal governments or the paragraph (a)(3) to read as follows:
pretreatment standards rule, and not private sector. This action does not
with this final rule, which is limited to create new binding legal requirements § 435.33 Pretreatment standards for
the extension of the compliance date. that substantially and directly affect existing sources (PSES).
The EPA’s extension of the Tribes under Executive Order 13175 (65 (a) * * *
compliance date by three years is FR 67249, November 9, 2000). This (3) Compliance deadline for existing
reasonable, as acknowledged by action does not have significant sources. Existing sources discharging
industry commenters on the direct final Federalism implications under into publicly owned treatment works on
rule. See, e.g., Comments from Executive Order 13132 (64 FR 43255, or between April 7, 2015 and June 28,
Pennsylvania Independent Oil and Gas August 10, 1999). Because this final rule 2016, shall comply with the PSES by
Association (finding the three year August 29, 2019. All other existing
has been exempted from review under
extension to be ‘‘a reasonable, measured sources shall comply by August 29,
Executive Order 12866, this final rule is
and appropriate accommodation.’’). As 2016.
not subject to Executive Order 13211,
noted in the proposed rule, this is entitled Actions Concerning Regulations * * * * *
consistent with the EPA’s General That Significantly Affect Energy Supply,
[FR Doc. 2016–29338 Filed 12–6–16; 8:45 am]
Pretreatment regulations, which require Distribution, or Use (66 FR 28355, May BILLING CODE 6560–50–P
existing sources to meet categorical 22, 2001) or Executive Order 13045,
pretreatment standards within three
entitled Protection of Children from
years of the effective date of such DEPARTMENT OF TRANSPORTATION
Environmental Health Risks and Safety
standards, unless a shorter compliance
Risks (62 FR 19885, April 23, 1997). Federal Railroad Administration
time is specified therein. 40 CFR
403.6(b). Although commenters This final rule does not contain any
expressed generalized concerns about information collections subject to OMB 49 CFR Part 207
adverse impacts on facilities that have approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et [Docket No. FRA–2016–0107, Notice No. 1]
been sending UOG wastewater to
POTWs, these generalized concerns are seq., nor does it require any special RIN 2130–AC62
not sufficient to undermine the considerations under Executive Order
reasonableness of a three year timeframe 12898, entitled Federal Actions to Railroad Police Officers
for these facilities to meet the Address Environmental Justice in AGENCY: Federal Railroad
asabaliauskas on DSK3SPTVN1PROD with RULES
pretreatment standard—particularly Minority Populations and Low-Income Administration (FRA), Department of
when the rulemaking record for the Populations (59 FR 7629, February 16, Transportation (DOT).
EPA’s final UOG pretreatment standard 1994). This action does not involve ACTION: Final rule.
rule demonstrates that other similarly- technical standards; thus, the
situated operators are currently meeting requirements of Section 12(d) of the SUMMARY: This rule amends FRA’s
the zero discharge pretreatment National Technology Transfer and regulations on railroad police officers to
standard today. EPA did not receive any Advancement Act of 1995 (15 U.S.C. implement certain provisions of the
comments or data attempting to explain 272 note) do not apply. Fixing America’s Surface Transportation
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![88132 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
environmental effects, including likely to have a significant adverse effect § 207.1 Application.
interrelated social and economic effects, on the supply, distribution, or use of This part applies to all railroads as
of their programs, policies, and energy; or (2) that is designated by the defined in 49 U.S.C. 20103.
activities on minority populations and Administrator of the Office of ■ 3. Revise § 207.2(a) to read as follows:
low-income populations. The DOT Information and Regulatory Affairs as a
Order instructs DOT agencies to address significant energy action. FRA has § 207.2 Definitions.
compliance with Executive Order 12898 evaluated this final rule consistent with * * * * *
and requirements within the DOT Order Executive Order 13211. FRA has (a) Railroad police officer means a
in rulemaking activities, as appropriate. determined this final rule is not likely peace officer who is commissioned in
FRA has evaluated this rule under to have a significant adverse effect on his or her state of legal residence or state
Executive Order 12898 and the DOT the supply, distribution, or use of of primary employment and directly
Order and determined it would not energy. Consequently, FRA has employed by or contracted by a railroad
cause disproportionately high and determined this final rule is not a to enforce state laws for the protection
adverse human health and ‘‘significant energy action’’ within the of railroad property, personnel,
environmental effects on minority meaning of Executive Order 13211. passengers, and/or cargo.
populations or low-income populations. * * * * *
J. International Trade Impact
H. Unfunded Mandates Reform Act of Assessment ■ 4. Revise § 207.3(b) to read as follows:
1995
The Trade Agreements Act of 1979 § 207.3 Designation and commissioning.
Under Section 201 of the Unfunded (Pub. L. 96–39, 19 U.S.C. 2501 et seq.) * * * * *
Mandates Reform Act of 1995 (Pub. L. prohibits Federal agencies from (b) Except as provided by § 207.6, the
104–4, 2 U.S.C. 1531), each Federal engaging in any standards setting or designated railroad police officer shall
agency ‘‘shall, unless otherwise related activities that create unnecessary be commissioned by the railroad police
prohibited by law, assess the effects of obstacles to the foreign commerce of the officer’s state of legal residence or the
Federal regulatory actions on State, United States. Legitimate domestic railroad police officer’s state of primary
local, and tribal governments, and the objectives, such as safety, are not employment.
private sector (other than to the extent considered unnecessary obstacles. The
■ 5. Add § 207.6 to read as follows:
that such regulations incorporate statute also requires consideration of
requirements specifically set forth in international standards and, where § 207.6 Transfers.
law).’’ Section 202 of the Act (2 U.S.C. appropriate, that they be the basis for (a) General. If a railroad police officer
1532) further requires that U.S. standards. certified or commissioned as a police
before promulgating any general notice of FRA has assessed the potential effect officer under the laws of a state or
proposed rulemaking that is likely to result of this final rule on foreign commerce jurisdiction transfers primary
in the promulgation of any rule that includes and believes its requirements are employment or residence from the
any Federal mandate that may result in consistent with the Trade Agreements certifying or commissioning state to
expenditure by State, local, and tribal Act of 1979. The requirements imposed
governments, in the aggregate, or by the
another state or jurisdiction, then the
relate to safety standards, which, as railroad police officer must apply to be
private sector, of $100,000,000 or more
(adjusted annually for inflation) in any 1 noted, are not considered unnecessary certified or commissioned as a police
year, and before promulgating any final rule obstacles to trade. officer under the laws of the state of
for which a general notice of proposed K. Privacy Act new primary employment or residence
rulemaking was published, the agency shall not later than one (1) year after the date
prepare a written statement Consistent with 5 U.S.C. 553(c), DOT of transfer.
detailing the effect on state, local, and solicits comments from the public to (b) Interim period. During the period
tribal governments and the private better inform its rulemaking process. beginning on the date of transfer and
sector. This final rule will not result in DOT posts these comments, without ending one year after the date of
the expenditure, in the aggregate, of edit, including any personal information transfer, a railroad police officer
$100,000,000 or more (as adjusted the commenter provides to, certified or commissioned as a police
annually for inflation) in any one year, www.regulations.gov, as described in officer under the laws of a state may
and thus preparation of such a the system of records notice (DOT/ALL– enforce the laws of the new state or
statement is not required. 14 FDMS), which can be reviewed at jurisdiction in which the railroad police
www.dot.gov/privacy. officer resides, to the same extent as
I. Energy Impact provided in § 207.5(a).
List of Subjects in 49 CFR Part 207
Executive Order 13211 requires ■ 6. Add § 207.7 to read as follows:
Federal agencies to prepare a Statement Law enforcement, Law enforcement
of Energy Effects for any ‘‘significant officers, Railroad employees, Railroad § 207.7 Training.
energy action.’’ 66 FR 28355, May 22, safety. (a) A state may consider an individual
2001. Under the Executive Order, a The Rule to have met that state’s basic police
‘‘significant energy action’’ is defined as officer certification or commissioning
any action by an agency (normally In consideration of the foregoing, FRA requirements for qualification as a
published in the Federal Register) that amends chapter II, subtitle B of title 49, railroad police officer under this section
asabaliauskas on DSK3SPTVN1PROD with RULES
promulgates or is expected to lead to the Code of Federal Regulations as follows: if that individual:
promulgation of a final rule or (1) Has successfully completed a
regulation, including notices of inquiry, PART 207—[AMENDED] program at a state-recognized police
advance notices of proposed ■ 1. The authority citation for part 207 training academy in another state or at
rulemaking, and notices of proposed continues to read as follows: a Federal law enforcement training
rulemaking: (1)(i) That is a significant center; and
regulatory action under Executive Order Authority: 49 U.S.C. 28101; 49 CFR 1.89. (2) Is certified or commissioned as a
12866 or any successor order, and (ii) is ■ 2. Revise § 207.1 to read as follows: police officer by the other state.
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![Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations 88133
(b) Nothing in this section shall be address in two places: Paragraph (c) of only updates the email address used by
construed as superseding or affecting § 225.27 and paragraph (c)(1) of railroads to report certain accident/
any state training requirements related § 225.37. Those paragraphs direct incident forms to FRA, and makes no
to criminal law, civil procedure, motor railroads to submit the specified forms substantive changes to part 225’s
vehicle code, any other state law, or to the following email address: reporting requirements. This rule is
state-mandated comparative or annual aireports@frasafety.net. This FRA email necessary because the current email
in-service training academy or Federal address is out of date and no longer address is out of date and no longer
law enforcement training center. functional. Accordingly, in this rule accepts accident/incident report forms.
Issued in Washington, DC, on December 1, FRA is updating the email address Over the past three years, FRA has
2016. referenced in paragraph (c) of § 225.27 repeatedly notified railroads of the new
Amitabha Bose, and paragraph (c)(1) of § 225.37 to the email address that should be used for
current email address where FRA can submitting accident/incident report
Acting Administrator.
receive these reports. The current email forms. Consequently, most railroads
[FR Doc. 2016–29256 Filed 12–6–16; 8:45 am]
address is: RsisAiReports@dot.gov. already use the new email address
BILLING CODE 4910–06–P referenced in this rule, but some do not
Starting in 2013, FRA informed
railroad reporting officers of the change and will need to do so under this final
in the email address in §§ 225.27 and rule. These railroads will incur a minor
DEPARTMENT OF TRANSPORTATION administrative burden to make note of
225.37 and started transitioning to the
Federal Railroad Administration new RsisAiReports@dot.gov email the new email address and revise their
address. FRA established the contact lists accordingly, in comparison
49 CFR Part 225 RsisAiReports@dot.gov email address to to no change in the email address used
avoid increased costs associated with to submit accident/incident report forms
RIN 2130–AC58 the previous email address in the to FRA.
regulations. Until December 31, 2015, The administrative burden to update
Update to Email Address for the the email address will depend on how
FRA accepted emailed accident/
Electronic Submission via the Internet the railroads submit accident/incident
incident report forms at the email
of Certain Accident/Incident Reports report forms to FRA. In general,
address in part 225 (aireports@
AGENCY: Federal Railroad frasafety.net) and at RsisAiReports@ railroads use the email address in two
Administration (FRA), Department of dot.gov, but the aireports@frasafety.net ways to submit accident/incident report
Transportation (DOT). email address no longer functions. forms. First, a railroad may manually
This rule only updates the email enter the email address into its email
ACTION: Final rule.
address in the regulation and makes no program or electronic device (such as a
SUMMARY: This final rule updates FRA’s other changes to part 225. FRA is multi-function printer) each time the
accident/incident reporting regulations issuing this final rule without providing railroad submits an accident/incident
to provide the current electronic mail an opportunity for prior to public notice report form to FRA. In this case,
address railroads must use to and comment as the Administrative substituting the new email address for
electronically submit to FRA certain Procedure Act (APA) normally requires. the old one would present no additional
accident/incident report forms. See 5 U.S.C. 553. The APA authorizes burden because the railroad would have
agencies to dispense with certain notice had to enter an email address regardless.
DATES: Effective: December 7, 2016.
and comment procedures if the agency Furthermore, if occasionally updating
FOR FURTHER INFORMATION CONTACT: email addresses is a regular part of a
Kebo Chen, Staff Director, U.S. finds for good cause that notice and
public procedure are impracticable, railroad reporting officer’s duties (the
Department of Transportation, Federal employee most likely to submit
Railroad Administration, Office of unnecessary, or contrary to the public
interest. See 5 U.S.C. 553(b)(3)(B). accident/incident report forms to FRA),
Safety Analysis, RRS–22, Mail Stop 25, the burden of updating the email
West Building 3rd Floor, Room W33– Because this final rule makes no
substantive amendment to FRA’s address is already taken into account.
314, 1200 New Jersey Ave. SE., The railroad employee would only need
Washington, DC 20590 (telephone 202– regulations and only changes the email
address for railroads to submit to FRA to take note of the new email address,
493–6079); or Gahan Christenson, Trial requiring a minimal amount of time.
Attorney, U.S. Department of certain already required documents,
Second, a railroad may use an
Transportation, Federal Railroad FRA finds, for good cause, that notice
automated system to submit accident/
Administration, Office of Chief Counsel, and public comment is unnecessary,
incident report forms to FRA. In such a
RCC–10, Mail Stop 10, West Building because the public would not benefit
system, the reporting officer would need
3rd Floor, Room W33–435, 1200 New from such notice. Moreover, The scope
to update, save and/or compile, and
Jersey Ave. SE., Washington, DC 20590 of this regulatory change is very limited;
check for errors when using the new
(telephone 202–493–1381). FRA is merely replacing an outdated email address (such as entering in the
email address with a current email email address wrong). These steps are
SUPPLEMENTARY INFORMATION: This rule
address. standardized, and again, would require
updates the electronic mail (email)
address provided in 49 CFR part 225 for Regulatory Evaluation minimal time to update one email
railroads to electronically submit certain address. In addition, whether email
Executive Orders 12866 and 13563 and addresses are entered manually, or
FRA accident/incident report forms.1
asabaliauskas on DSK3SPTVN1PROD with RULES
DOT Regulatory Policies and Procedures stored in an automated system, the
Part 225 references the FRA email
FRA evaluated this final rule under email address would only need to be
1 FRA is not simultaneously updating the email existing policies and procedures and updated once. Thus, given the small
address in the FRA Guide for Preparing Accident/ determined it to be a non-significant amount of time needed to revise the
Incident Reports (Guide) because this final rule and regulatory action under both Executive current email address to the new one,
updates on FRA’s Web site, in addition to
communication between FRA and individual
Orders 12866 and 13563 and DOT and one-time occurrence of the task, the
railroads, makes it unnecessary to revise the Guide policies and procedures. See 44 FR costs associated with this change will be
at this time. 11034, Feb. 26, 1979. This final rule minimal.
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Document Created: 2016-12-07 05:31:39
Document Modified: 2016-12-07 05:31:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective February 6, 2017. | |
| Contact | Gareth Rosenau, Office of Chief Counsel, Federal Railroad Administration, Mail Stop 10, Room W31-316, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-493- 6054). | |
| FR Citation | 81 FR 88127 | |
| RIN Number | 2130-AC62 | |
| CFR Associated | Law Enforcement; Law Enforcement Officers; Railroad Employees and Railroad Safety |
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