83 FR 46884 - Hours of Service Recordkeeping; Automated Recordkeeping; Correction
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration Federal Register Volume 83, Issue 180 (September 17, 2018)
Federal Railroad Administration
Federal Register Volume 83, Issue 180 (September 17, 2018)
| Page Range | 46884-46885 | |
| FR Document | 2018-20150 |
[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)] [Rules and Regulations] [Pages 46884-46885] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20150] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 228 [Docket No. FRA-2012-0101] RIN 2130-AC41 Hours of Service Recordkeeping; Automated Recordkeeping; Correction AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Correcting amendment. ----------------------------------------------------------------------- SUMMARY: On August 29, 2018, FRA published a final rule to reduce the paperwork burden associated with compliance with Federal hours of service laws and regulations. In preparing that final rule for publication, a technical error was made as described in the Supplementary Information. FRA is correcting this minor error so that the final rule clearly conforms to FRA's intent. DATES: Effective on September 17, 2018. FOR FURTHER INFORMATION CONTACT: Emily T. Prince, Attorney-Adviser, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone 202-493-6146), emily.prince@dot.gov. SUPPLEMENTARY INFORMATION: In the final rule, FRA failed to include an instruction amending 49 CFR 228.201 to include new paragraph (c). See 83 FR 43988. Paragraph (c) was discussed in the section-by-section analysis and properly published as new rule text, but was not properly included in an amendatory instruction. This correction remedies that oversight to ensure that the codified text of the section matches the text FRA intended. List of Subjects in 49 CFR Part 228 Administrative practice and procedures, Buildings and facilities, Hazardous materials transportation, Noise control, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. The Rule For the reasons discussed in the preamble, FRA amends part 228 of chapter II, subtitle B of title 49, Code of Federal Regulations, as follows: PART 228--PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 0 1. The authority citation for part 228 continues to read as follows: [[Page 46885]] Authority: 49 U.S.C. 20103, 20107, 21101-21109; Sec. 108, Div. A, Pub. L. 110-432, 122 Stat. 4860-4866, 4893-4894; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; 49 U.S.C. 103; and 49 CFR 1.89. 0 2. In Sec. 228.201, add new paragraph (c) to read as follows: Sec. 228.201 Electronic recordkeeping system and automated recordkeeping system; general. * * * * * (c) If a railroad, or a contractor or subcontractor to the railroad, is no longer eligible to use an automated recordkeeping system to record data subpart B of this part requires, the entity must begin keeping manual or electronic records and must retain its automated records as required under Sec. 228.9(c) unless the entity requests, and FRA grants, a waiver under Sec. 211.41 of this chapter. Juan D. Reyes III, Chief Counsel, Federal Railroad Administration. [FR Doc. 2018-20150 Filed 9-14-18; 8:45 am] BILLING CODE 4910-06-P
![46884 Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations
In addition, the SIP is not approved Subpart YY—Wisconsin DEPARTMENT OF TRANSPORTATION
to apply on any Indian reservation land
or in any other area where EPA or an ■ 2. Section 52.2570 is amended by Federal Railroad Administration
Indian tribe has demonstrated that a revising paragraphs (c)(121)
tribe has jurisdiction. In those areas of introductory text and (c)(121)(i)(B), 49 CFR Part 228
Indian country, the rule does not have adding paragraph (c)(121)(i)(C), revising [Docket No. FRA–2012–0101]
tribal implications and will not impose paragraph (c)(121)(ii)(B), and adding
substantial direct costs on tribal RIN 2130–AC41
paragraph (c)(121)(ii)(C) to read as
governments or preempt tribal law as
follows: Hours of Service Recordkeeping;
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). Automated Recordkeeping; Correction
§ 52.2570 Identification of plan.
The Congressional Review Act, 5 * * * * * AGENCY: Federal Railroad
U.S.C. 801 et seq., as added by the Small Administration (FRA), Department of
Business Regulatory Enforcement (c) * * * Transportation (DOT).
Fairness Act of 1996, generally provides (121) On September 11, 2009, the ACTION: Correcting amendment.
that before a rule may take effect, the Wisconsin Department of Natural
agency promulgating the rule must Resources (WDNR) submitted a State SUMMARY: On August 29, 2018, FRA
submit a rule report, which includes a Implementation Plan (SIP) revision published a final rule to reduce the
copy of the rule, to each House of the request. The State’s ambient air quality paperwork burden associated with
Congress and to the Comptroller General standards were revised by adding fine compliance with Federal hours of
of the United States. EPA will submit a particulate matter, PM2.5, standards and service laws and regulations. In
report containing this action and other revising the coarse particulate matter, preparing that final rule for publication,
required information to the U.S. Senate, PM10, standards. Wisconsin added a technical error was made as described
the U.S. House of Representatives, and annual and 24-hour PM2.5 standards. It in the Supplementary Information. FRA
the Comptroller General of the United also revoked the annual PM10 ambient is correcting this minor error so that the
States prior to publication of the rule in air quality standard while retaining the final rule clearly conforms to FRA’s
the Federal Register. A major rule intent.
24-hour PM10 standard. On January 4,
cannot take effect until 60 days after it DATES: Effective on September 17, 2018.
2018, the WDNR submitted a SIP
is published in the Federal Register.
revision request updating its ambient air FOR FURTHER INFORMATION CONTACT:
This action is not a ‘‘major rule’’ as
quality standards for fine particulate Emily T. Prince, Attorney-Adviser,
defined by 5 U.S.C. 804(2).
matter to be consistent with EPA’s 2012 Office of Chief Counsel, FRA, 1200 New
Under section 307(b)(1) of the Clean Jersey Avenue SE, Washington, DC
revisions to the fine particulate matter
Air Act, petitions for judicial review of 20590 (telephone 202–493–6146),
national ambient air quality standards.
this action must be filed in the United emily.prince@dot.gov.
States Court of Appeals for the Wisconsin also revised its incorporation
by reference rule to update references to SUPPLEMENTARY INFORMATION: In the
appropriate circuit by November 16,
2018. Filing a petition for the EPA monitoring methods. final rule, FRA failed to include an
reconsideration by the Administrator of (i) * * * instruction amending 49 CFR 228.201 to
this final rule does not affect the finality include new paragraph (c). See 83 FR
(B) NR 404.04 Ambient Air Quality 43988. Paragraph (c) was discussed in
of this action for the purposes of judicial Standards. NR 404.04(8) ‘‘PM10:
review nor does it extend the time the section-by-section analysis and
PRIMARY AND SECONDARY properly published as new rule text, but
within which a petition for judicial STANDARDS.’’ as published in the
review may be filed, and shall not was not properly included in an
Wisconsin Administrative Register, amendatory instruction. This correction
postpone the effectiveness of such rule
September 2009, No. 645, effective remedies that oversight to ensure that
or action. This action may not be
October 1, 2009. the codified text of the section matches
challenged later in proceedings to
enforce its requirements. (See Clean Air (C) NR 404.04 Ambient Air Quality the text FRA intended.
Act section 307(b)(2).) Standards. NR 404.04(9) ‘‘PM2.5.’’ as List of Subjects in 49 CFR Part 228
published in the Wisconsin
List of Subjects in 40 CFR Part 52 Administrative practice and
Administrative Register, December
procedures, Buildings and facilities,
Environmental protection, Air 2017, No. 744, effective January 1, 2018.
Hazardous materials transportation,
pollution control, Incorporation by (ii) * * * Noise control, Penalties, Railroad
reference, Intergovernmental relations,
(B) NR 484.04 Code of federal employees, Railroad safety, Reporting
Particulate matter, Reporting and
regulations appendices. NR 484.04(6) in and recordkeeping requirements.
recordkeeping requirements.
Table 2, as published in the Wisconsin The Rule
Dated: August 8, 2018.
Administrative Register, September
Cathy Stepp, For the reasons discussed in the
2009, No. 645, effective October 1, 2009.
Regional Administrator, Region 5. preamble, FRA amends part 228 of
(C) NR 484.04 Code of federal chapter II, subtitle B of title 49, Code of
40 CFR part 52 is amended as follows: regulations appendices. NR 484.04(6g) Federal Regulations, as follows:
and NR 484.04(6r) in Table 2, as
PART 52—APPROVAL AND
daltland on DSKBBV9HB2PROD with RULES
published in the Wisconsin PART 228—PASSENGER TRAIN
PROMULGATION OF EMPLOYEE HOURS OF SERVICE;
IMPLEMENTATION PLANS Administrative Register, December
2017, No. 744, effective January 1, 2018. RECORDKEEPING AND REPORTING;
SLEEPING QUARTERS
■ 1. The authority citation for part 52 * * * * *
continues to read as follows: [FR Doc. 2018–20038 Filed 9–14–18; 8:45 am]
■ 1. The authority citation for part 228
Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P continues to read as follows:
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![Federal Register / Vol. 83, No. 180 / Monday, September 17, 2018 / Rules and Regulations 46885
Authority: 49 U.S.C. 20103, 20107, 21101– § 228.201 Electronic recordkeeping electronic records and must retain its
21109; Sec. 108, Div. A, Pub. L. 110–432, 122 system and automated recordkeeping automated records as required under
Stat. 4860–4866, 4893–4894; 49 U.S.C. system; general. § 228.9(c) unless the entity requests, and
21301, 21303, 21304, 21311; 28 U.S.C. 2461, * * * * * FRA grants, a waiver under § 211.41 of
note; 49 U.S.C. 103; and 49 CFR 1.89. this chapter.
(c) If a railroad, or a contractor or
■ 2. In § 228.201, add new paragraph (c) subcontractor to the railroad, is no Juan D. Reyes III,
to read as follows: longer eligible to use an automated Chief Counsel, Federal Railroad
recordkeeping system to record data Administration.
subpart B of this part requires, the entity [FR Doc. 2018–20150 Filed 9–14–18; 8:45 am]
must begin keeping manual or BILLING CODE 4910–06–P
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-09-15 01:38:00
Document Modified: 2018-09-15 01:38:00
| 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 | Correcting amendment. | |
| Dates | Effective on September 17, 2018. | |
| Contact | Emily T. Prince, Attorney-Adviser, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590 (telephone 202-493-6146), [email protected] | |
| FR Citation | 83 FR 46884 | |
| RIN Number | 2130-AC41 | |
| CFR Associated | Administrative Practice and Procedures; Buildings and Facilities; Hazardous Materials Transportation; Noise Control; Penalties; Railroad Employees; Railroad Safety and Reporting and Recordkeeping Requirements |
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