43988 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1257. 

OMB Approval Date: August 13, 2018. 

OMB Expiration Date: August 31, 

2021. 

Title: New Procedure for Non-Federal 

Public Safety Entities to License Federal 

Government Interoperability Channels. 

Form Number: N/A. 

Respondents: Not-for-profit 

institutions; State, local, or tribal 

government. 

Number of Respondents and 

Responses: 45,947 respondents; 45,947 

responses. 

Estimated Time per Response: 0.25 

hours. 

Frequency of Response: One-time 

reporting requirement. 

Obligation to Respond: New Section 

90.25 adopted in Order DA 18–282, 

requires any non-federal public safety 

entity seeking to license mobile and 

portable units on the Federal 

Interoperability Channels to obtain 

written concurrence from its Statewide 

Interoperability Coordinator (SWIC) or a 

state appointed official and include 

such written concurrence with its 

application for license. A non-federal 

public safety entity may communicate 

on designated Federal Interoperability 

Channels for joint federal/non-federal 

operations, provided it first obtains a 

license from the Commission 

authorizing use of the channels. 

Statutory authority for these collections 

are contained in 47 U.S.C. 151, 154, 301, 

303, and 332 of the Communications 

Act of 1934. 

Total Annual Burden: 11,487 hours. 

Total Annual Cost: No cost. 

Privacy Act: No impact(s). 

Nature and Extent of Confidentiality: 

Applicants who include written 

concurrence from their SWIC or state 

appointed official with their application 

to license mobile and portable units on 

the Federal Interoperability Channels 

need not include any confidential 

information with their application. 

Nonetheless, there is a need for 

confidentiality with respect to all 

applications filed with the Commission 

through its Universal Licensing System 

(ULS). Although ULS stores all 

information pertaining to the individual 

license via an FCC Registration Number 

(FRN), confidential information is 

accessible only by persons or entities 

that hold the password for each account, 

and the Commission’s licensing staff. 

Information on private land mobile 

radio licensees is maintained in the 

Commission’s system of records, FCC/ 

WTB–1, ‘‘Wireless Services Licensing 

Records.’’ The licensee records will be 

publicly available and routinely used in 

accordance with subsection (b) of the 

Privacy Act. TIN Numbers and material 

which is afforded confidential treatment 

pursuant to a request made under 47 

CFR 0.459 will not be available for 

Public inspection. Any personally 

identifiable information (PII) that 

individual applicants provide is covered 

by a system of records, FCC/WTB–1, 

‘‘Wireless Services Licensing Records,’’ 

and these and all other records may be 

disclosed pursuant to the Routine Uses 

as stated in this system of records 

notice. 

Needs and Uses: The purpose of 

requiring a non-federal public safety 

entity to obtain written consent from its 

SWIC or state appointed official before 

communicating with federal 

government agencies on the Federal 

Interoperability Channels is to ensure 

that the non-federal public safety entity 

operates in accordance with the rules 

and procedures governing use of the 

federal interoperability channels and 

does not cause inadvertent interference 

during emergencies. Commission staff 

will use the written concurrence from 

the SWIC or state appointed official to 

determine if an applicant’s proposed 

operation on the Federal 

Interoperability Channels conforms to 

the terms of an agreement signed by the 

SWIC or state appointed official with a 

federal user with a valid assignment 

from the National Telecommunications 

and Information Administration (NTIA) 

which has jurisdiction over the 

channels. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2018–18691 Filed 8–28–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 228 

[Docket No. FRA–2012–0101] 

RIN 2130–AC41 

Hours of Service Recordkeeping; 

Automated Recordkeeping 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This rule is part of FRA’s 

broader initiative to reduce the 

paperwork burden of its regulations 

while still supporting compliance with 

the Federal hours of service laws and 

regulations. Current regulations require 

employees covered by those laws or 

regulations (covered service employees) 

to create and retain hours of service 

records by hand (a paper system) or 

‘‘certify’’ the record using a compliant 

computerized system (an electronic 

system) with program logic. Cognizant 

of the burden placed on small 

operations, FRA provides a simplified 

method of computerized recordkeeping 

(an automated system)—in which 

employees apply their electronic 

signatures to automated records stored 

in a railroad computer system without 

the complexity and functionality of an 

electronic system—for eligible smaller 

railroads (and contractors and 

subcontractors providing covered 

service employees to such railroads). 

This rule does not require the use of 

automated recordkeeping, but, when 

implemented by the small operations for 

which it is tailored, it will decrease the 

burden hours spent on hours of service 

recordkeeping. 

DATES: This final rule is effective August 

29, 2018 in accordance with 5 U.S.C. 

553(d)(1). 

ADDRESSES: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Patrick J. Hogan, Transportation 

Specialist, Office of Railroad Safety, 

Federal Railroad Administration, 1200 

New Jersey Avenue SE, W33–448, 

Washington, DC 20590; telephone: 202– 

493–0277; email: Patrick.Hogan@

dot.gov; Kyle Fields, Trial Attorney, 

Office of Chief Counsel, Federal 

Railroad Administration, 1200 New 

Jersey Avenue SE., W31–232, 

Washington, DC 20590; telephone 202– 

493–6168; email: Kyle.Fields@dot.gov; 

or Emily T. Prince, Trial Attorney, 

Office of Chief Counsel, Federal 

Railroad Administration, 1200 New 

Jersey Avenue SE, W31–216, 

Washington, DC 20590; telephone 202– 

493–6146; email: Emily.Prince@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Commonly Used Abbreviations 

CFR Code of Federal Regulations 

FRA Federal Railroad Administration 

HS Hours of service 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Background and History 


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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 43989 

1See the Hours of Service Act (Pub. L. 59–274, 

34 Stat. 1415 (1907)). Effective July 5, 1994, Public 

Law 103–272, 108 Stat. 745 (1994), repealed the 

Hours of Service Act as amended, then codified at 

45 U.S.C. 61–64b, and revised and reenacted its 

provisions, without substantive change, as positive 

law at 49 U.S.C. 21101–21108, 21303, and 21304. 

The Hours of Service Act was administered by the 

Interstate Commerce Commission until these duties 

were transferred to FRA in 1966. 

2These sections may also be cited as 49 U.S.C. 

Chapter 211. Hereinafter, references to a ‘‘Sec.’’ are 

to a section of title 49 of the U.S. Code unless 

otherwise specified. 

3For a table comparing and contrasting the 

current Federal HS requirements with respect to 

freight train employees, passenger train employees, 

signal employees, and dispatching service 

employees, please see Appendix A to the Second 

Interim Interpretations. 78 FR 58830, 58850–58854, 

Sept. 24, 2013. 

4Public Law 110–432, Div. A, 122 Stat. 4848. 

5See Sec. 21101(5). 

6See Sec. 21101(4). The RSIA also amended the 

definition of ‘‘signal employee’’ effective October 

16, 2008. Before the RSIA, the term meant ‘‘an 

individual employed by a railroad carrier who is 

engaged in installing, repairing, or maintaining 

signal systems.’’ Emphasis added. 

III. Scope of the Final Rule 

IV. Discussion of Comments 

V. Section-by-Section Analysis 

VI. Regulatory Impact and Notices 

A. Executive Orders 12866, 13563, and 

13771 and DOT Regulatory Policies and 

Procedures 

B. Regulatory Flexibility Determination 

C. Federalism 

D. International Trade Impact Assessment 

E. Paperwork Reduction Act 

F. Environmental Assessment 

G. Unfunded Mandates Reform Act of 1995 

H. Energy Impact 

I. Privacy Act Statement 

I. Executive Summary 

In 2009, FRA finalized amendments 

to the HS recordkeeping regulations at 

49 CFR part 228 (part 228) to authorize 

electronic recordkeeping and reporting 

as a means of compliance with the 

Federal HS laws. In addition to 

certification requirements, see 49 CFR 

228.9(b), these amendments added new 

subpart D to part 228, which established 

comprehensive requirements for 

electronic recordkeeping systems. Some 

smaller railroads informed FRA that the 

requirements of part 228, subpart D 

make electronic recordkeeping systems 

infeasible for their operations, which are 

less complex and variable than larger 

railroads’ operations. Some small 

railroads already use an automated 

system for covered service employees to 

enter required HS data, which the 

employees then print and sign as a 

paper HS record. This rule allows a 

railroad with less than 400,000 

employee-hours annually (an ‘‘eligible 

smaller railroad’’), and contractors and 

subcontractors that provide covered 

service employees to that railroad, to 

have employees electronically sign the 

automated records of their hours of duty 

and to store the records in the railroad’s 

computer system. Thus, this rule 

eliminates the requirement to print and 

sign the record. 

This rule amends part 228, subpart D 

by defining an ‘‘automated 

recordkeeping system’’ for eligible 

smaller railroads under new 

§ 228.201(b) and outlining the 

requirements of such a system under 

new § 228.206, while retaining the 

definition of an ‘‘electronic 

recordkeeping system’’ as § 228.201(a) 

and the existing requirements under 

§§ 228.203–228.205. The rule also 

provides general requirements for 

automated records, such as electronic 

signatures, retention periods, and FRA 

access, under new § 228.9(c), and it 

modifies training requirements under 

§ 228.207. 

This rule allows an eligible smaller 

railroad to adopt an automated 

recordkeeping system without 

conforming to all the requirements for 

an electronic recordkeeping system. For 

example, new § 228.206 does not 

require an automated recordkeeping 

system to include some of the program 

components and other features that are 

not appropriate or necessary for the 

operations of eligible smaller railroads, 

although those features are important 

for an electronic recordkeeping system 

in light of the more complex operations 

of larger railroads. New § 228.206 

includes requirements for FRA and 

participating State inspector access to 

and ability to search an automated 

recordkeeping system to effectively 

monitor compliance with the HS laws 

and regulations, similar to the search 

capabilities and access requirements for 

electronic recordkeeping systems. 

This rule significantly reduces costs 

and paperwork burdens for eligible 

smaller railroads because automated 

records require less time to complete 

than manual records and the records 

may be stored digitally, relieving 

eligible smaller railroads of the burden 

of storing and maintaining paper 

records. The costs of implementing an 

automated recordkeeping system are 

projected as substantially less than an 

electronic recordkeeping system and are 

relatively small compared to the 

benefits gained by eliminating a paper 

recordkeeping system. Adopting an 

automated recordkeeping system is 

purely voluntary, but FRA expects many 

eligible smaller railroads currently using 

manual records to begin creating and 

maintaining HS records using an 

automated system, with a projected 

reduction of over 194,000 burden hours. 

FRA’s economic analysis projects an 

estimated $87.6 million in net savings 

over a 10-year period as a result of this 

rule, and the present value of this 

savings is $55.1 million (discounted at 

7 percent). The final rule is expected to 

have no negative impact on safety, as it 

simply provides a voluntary option for 

eligible smaller railroads and their 

contractors and subcontractors to use an 

alternative means of compliance with 

recordkeeping obligations. 

II. Background and History 

Federal laws governing railroad 

employees’ hours of service date back to 

1907 1 and are presently codified at 49 

U.S.C. 21101–21109,2 21303, and 

21304.3 FRA, under 49 U.S.C. 103(g), 49 

CFR 1.89, and internal delegations, has 

long administered the statutory HS 

requirements and the agency’s HS 

recordkeeping and reporting regulations 

(49 CFR part 228, subpart B), which 

promote compliance with the HS laws. 

Currently, the HS statutory 

requirements cover three groups of 

employees: train employees, signal 

employees, and dispatching service 

employees, as those terms are defined at 

Sec. 21101. The HS recordkeeping and 

reporting regulations at 49 CFR 228.5 

include the statutory definitions of these 

terms and FRA interpretations discuss 

them. See FRA’s ‘‘Requirements of the 

Hours of Service Act; Statement of 

Agency Policy and Interpretation’’ at 49 

CFR part 228, appendix A, most of 

which was issued in the 1970s, and 

subsequent FRA interpretations of the 

HS laws published in the Federal 

Register. 

Congress has amended the HS 

statutory requirements several times 

over the years, most recently in the Rail 

Safety Improvement Act of 2008 

(RSIA).4 The RSIA substantially 

amended the requirements of Secs. 

21103 and 21104, applicable to a ‘‘train 

employee’’ 5 and a ‘‘signal employee,’’ 6

respectively, and added new provisions 

at Secs. 21102(c) and 21109 that 

together made a train employee 

providing rail passenger transportation 

subject to HS regulations, not Sec. 

21103, if the Secretary timely issued 

regulations. Subsequently, FRA, as the 

Secretary’s delegate, timely issued those 

regulations, codified at 49 CFR part 228, 

subpart F (Passenger Train Employee 

HS Regulations), which became 

effective October 15, 2011. 

Additionally, section 108(f)(1) of the 

RSIA required the Secretary to prescribe 

a regulation revising the requirements 

for recordkeeping and reporting for 

hours of service of railroad employees, 

specifically to authorize electronic 

record keeping and reporting of excess 


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43990 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 

7FRA issued its first HS recordkeeping 

regulation, codified at 49 CFR part 228, subparts A 

and B, in 1972. See 37 FR 12234, Jun. 21, 1972. 

Because the regulation did not contemplate 

electronic recordkeeping, it required HS records be 

signed manually by the employee whose time was 

being recorded. Therefore, prior to the effective date 

of the 2009 Recordkeeping Amendments, railroads 

that wished to create and maintain their required 

HS records electronically rather than manually 

needed FRA’s waiver of the requirement for a 

handwritten signature. See FRA procedural 

regulations at 49 CFR part 211. At the time the 2009 

recordkeeping amendments went into effect, several 

Class I railroads were creating and maintaining 

their required HS records using an electronic 

recordkeeping system approved by FRA pursuant to 

a waiver. See the preamble of the 2009 

Recordkeeping Amendments for further discussion 

of the history of electronic recordkeeping and the 

development of waiver-approved electronic 

recordkeeping systems. See 74 FR 25330, 25330– 

25334. 

8Railroads that: (1) Reported less than 400,000 

employee hours to FRA during the preceding three 

consecutive calendar years under 49 CFR 225.21(d) 

on Form FRA 6180.55, Annual Railroad Reports of 

Manhours by State; or (2) operating less than three 

consecutive calendar years that reported less than 

400,000 employee hours to FRA during the current 

calendar year under 49 CFR 225.21(d) on Form FRA 

6180.55, Annual Railroad Reports of Manhours by 

State. 

9FRA also declines to adopt a per se rule 

allowing Class III railroads to use automated 

recordkeeping because the definition of ‘‘Class III 

service and to require training of 

affected employees and supervisors, 

including training of employees in the 

entry of hours of service data. FRA, as 

the Secretary’s delegate, also issued 

those regulations, codified at 49 CFR 

part 228, including subpart D 

(Electronic Recordkeeping), which 

became effective July 16, 2009. 74 FR 

25330, May 27, 2009 (2009 

Recordkeeping Amendments).7

In general, the 2009 Recordkeeping 

Amendments required that either 

employees recording their own time, or 

the reporting crewmember of a train 

crew or signal gang who was recording 

time, certify their electronic HS records, 

instead of signing them by hand, and 

that the recordkeeping system 

electronically stamp the records with 

the name of the certifying employee and 

the date and time of certification. See 49 

CFR 228.9(b). These amendments also 

established comprehensive 

requirements for electronic 

recordkeeping systems. A brief 

summary of the most significant 

requirements follows. 

• First, electronic recordkeeping 

systems must generate records that 

provide sufficient data fields for an 

employee to report a wide variety and 

number of activities that could arise 

during a duty tour. See 49 CFR 228.201. 

• Second, the systems must have 

security features to control access to HS 

records and to identify any individual 

who entered information on a record. 

See 49 CFR 228.203(a)(1)(i), (a)(2)–(a)(7), 

and (b). 

• Third, systems must include 

program logic that identifies how 

periods of time spent in any activity that 

is entered on a record are treated under 

the HS laws (and the substantive HS 

regulations for passenger train 

employees). 

• Fourth, program logic must allow 

the systems to calculate total time on 

duty from the data the employee 

entered, flag employee-input errors so 

the employee can correct them before 

certifying the record, and require the 

employee to enter an explanation when 

the data entered shows a violation of the 

HS laws or regulations. See 49 CFR 

228.203(c). 

• Fifth, electronic recordkeeping 

systems must provide a method known 

as a ‘‘quick tie-up’’ for employees to 

enter limited HS information when they 

have met or exceeded the maximum 

hours allowed for the duty tour, and 

railroads must have procedures for 

employees to do a quick tie-up by 

telephone or facsimile (fax) if computer 

access is not available. See 49 CFR 228.5 

and 228.203(a)(1)(ii). 

• Finally, an electronic recordkeeping 

system must provide search capability 

so records may be searched by date or 

date range and by employee name or 

identification number, train or job 

assignment, origin or release location, 

territory, and by records showing excess 

service. The results of any such search 

must yield all records matching 

specified criteria. See 49 CFR 

228.203(d). 

III. Scope of the Final Rule 

The final rule applies only to eligible 

smaller railroads 8, as well as 

contractors and subcontractors to such 

eligible smaller railroads. FRA is aware 

that some railroads have been using an 

automated system in which covered 

service employees access a blank HS 

record on a railroad computer, enter 

required data on the form, and then 

print and sign the record. The printed 

record is still considered a manual or 

paper record, with the associated 

burden of storage placed on the railroad. 

FRA expects many eligible smaller 

railroads will choose to comply with 

this rule using existing equipment and 

software already in use. For example, 

many eligible smaller railroads will find 

their existing equipment and software 

can generate forms that will allow 

employees to enter the information 

relevant to their duty tours as required 

by § 228.11 and save those records in a 

directory structure that would allow 

either the railroad or FRA to retrieve 

them using the search criteria provided 

in this rule. 

Contractors and subcontractors to 

eligible smaller railroads are also 

eligible to use automated recordkeeping 

systems for their employees working on 

eligible smaller railroads, but not for 

their employees working on ineligible 

railroads. For instance, a contractor or 

subcontractor that performs covered 

service for both eligible smaller 

railroads and Class I railroads is not 

eligible to use an automated 

recordkeeping system for the hours of 

service records of its employees working 

for Class I railroads. If a contractor or 

subcontractor small enough to be 

eligible to use an automated 

recordkeeping system under this rule 

performs service for eligible and 

ineligible railroads and seeks to use an 

automated recordkeeping system, such a 

contractor or subcontractor may pursue 

relief through the waiver process, under 

49 CFR 211.41. 

It is appropriate to allow the eligible 

smaller railroads to use an automated 

recordkeeping system that lacks the 

programming and analysis capabilities 

required of an electronic recordkeeping 

system because of the less complex and 

less varied nature of the operations of 

eligible smaller railroads. For example, 

this rule does not require an automated 

system to calculate and fill in total time 

on duty based on the information an 

employee enters because that would 

require costly programming to enable 

the system to identify how various 

periods of time are treated. Instead, an 

employee will enter that information 

just as if the automated record were a 

paper record. Similarly, the rule does 

not require an automated system to 

include costly programming that would 

prompt the employee to enter an 

explanation of a duty tour over 12 hours 

or that would flag possible input errors 

or missing data (for example, showing 

an on-duty location that differs from the 

released location of the previous duty 

tour). 

Approximately 746 railroads, 18 

commuter railroads, and their 

contractors and subcontractors, are 

eligible to use automated recordkeeping 

systems pursuant to this rule. FRA 

declines to extend this rule to railroads 

with 400,000 or more employee-hours 

annually because the number of 

employees, volume of HS records, and 

complexity of operations associated 

with larger railroads requires a more 

sophisticated electronic recordkeeping 

system that complies with part 228, 

subpart D if those operations want to 

use an alternative to manual records.9 A 


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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 43991 

railroad’’ includes all terminal and switching 

operations, regardless of operating revenue, some of 

which have extensive operations more 

appropriately served by an electronic recordkeeping 

system. See 49 CFR 1201.1–1(d). Accordingly, FRA 

chose to define the rule’s applicability based on 

employee hours. 

10Public Law 106–229, 114 Stat. 472 (2000); see 

15 U.S.C. 7006. 

11 If a railroad creates an electronic signature that 

is a unique digital signature for each of its 

employees, the employee’s HS record will be signed 

with the employee’s printed name or other 

identifying information, when the employee signs 

the record using his or her electronic signature. If 

the railroad instead creates a digitized version of 

the employee’s handwritten signature, the record 

will be signed with the employee’s handwritten 

signature when the employee signs the record using 

his or her electronic signature. 

12Employee ID and passwords are necessary for 

employees to certify their hours of service records, 

but are not required as a mechanism for providing 

access to the automated recordkeeping system. 

13 It is important to note access must be available 

as soon as possible and no later than 24 hours after 

a request, as required by § 228.206(e)(2), as 

discussed further below. In addition, railroads and 

managers risk civil and criminal liability if they 

control access to an automated recordkeeping 

system in a manner that prevents employees from 

accurately reporting their hours of service. 

larger and more complex operation 

benefits from an electronic 

recordkeeping system’s program logic 

that helps to ensure accurate 

recordkeeping, and search capabilities 

that help to better identify relevant 

records for the railroad’s own review 

and in response to FRA requests. 

Among commuter railroads, for 

example, Metro-North Commuter 

Railroad is currently using an electronic 

recordkeeping system, and New Jersey 

Transit Railroad is developing an 

electronic recordkeeping system. FRA 

understands that these railroads are 

willing to share some information with 

other commuter railroads that are 

ineligible for automated recordkeeping 

systems to help them develop electronic 

recordkeeping systems compliant with 

part 228, subpart D. By developing these 

partnerships, larger commuter railroads 

will have a cost-effective opportunity to 

eliminate paper records and adopt 

electronic recordkeeping systems even if 

they do not qualify for automated 

recordkeeping under this rule. For these 

reasons, FRA adopts this rule applicable 

only to eligible smaller railroads. 

IV. Discussion of Comments 

FRA received two public comments 

on the automated recordkeeping NPRM. 

The American Short Line and Regional 

Railroad Association filed a short 

comment October 23, 2015, indicating 

the NPRM accurately assessed the 

ability of small railroads to capture HS 

data and expressing eagerness to see a 

final rule in effect. FRA also received an 

anonymous comment October 22, 2015, 

indicating only that the NPRM was, 

‘‘Good.’’ FRA received no public 

comments conveying a need to change 

the scope or substance of the proposed 

rule. 

V. Section-by-Section Analysis 

Subpart A—General 

Section 228.5 Definitions 

FRA adds definitions of ‘‘automated 

recordkeeping system’’; ‘‘electronic 

recordkeeping system’’; ‘‘electronic 

signature’’; and ‘‘eligible smaller 

railroad.’’ 

The definitions of ‘‘automated 

recordkeeping system’’ and ‘‘electronic 

recordkeeping system’’ distinguish the 

automated systems subject to this 

rulemaking, which are required to 

conform to the requirements of new 

§§ 228.201(b) and 228.206, from the 

electronic recordkeeping systems that 

must meet the pre-existing requirements 

of §§ 228.201(a) and 228.203–228.205. 

The definition of ‘‘electronic 

signature’’ is consistent with the 

Electronic Signatures in Global and 

National Commerce Act.10 It allows 

railroads the choice of using two 

different types of electronic signatures 

for their employees to sign their HS 

records: Either (1) a unique digital 

signature, created based on the 

employee’s identification number and 

password, or other means used to 

uniquely identify the employee in the 

automated recordkeeping system; or (2) 

a unique digitized version of the 

employee’s handwritten signature that 

would be applied to the HS record.11

The definition also provides the 

electronic signature must be created as 

provided in § 228.19(g) (existing 

regulatory requirements for creating an 

electronic signature for railroads’ use on 

their reports of excess service) or 

§ 228.206(a) (new requirements for 

creating electronic signatures for use on 

employees’ HS records in an automated 

recordkeeping system). 

This rule defines an ‘‘eligible smaller 

railroad’’, in general, as a railroad with 

less than 400,000 employee hours 

annually, which is eligible to use an 

automated recordkeeping system under 

this rule. More specifically, an eligible 

smaller railroad is defined as a railroad 

that has reported to FRA it had less than 

400,000 employee hours during the 

preceding three consecutive calendar 

years on Form FRA 6180.55—Annual 

Railroad Reports of Manhours by State, 

as required by 49 CFR 225.21(d). As an 

exception to the general rule, railroads 

that have not been operating for three 

prior consecutive calendar years and 

expect to have less than 400,000 

employee hours annually during the 

current year may use an automated 

recordkeeping system. This final rule 

combines the substantive content of the 

proposed definitions of ‘‘eligible smaller 

railroad’’ and ‘‘railroad that has less 

than 400,000 employee hours annually’’ 

into the final definition of ‘‘eligible 

smaller railroad.’’ 

Section 228.9 Records; General 

New § 228.9(c) establishes 

requirements for automated records that 

parallel the requirements of paragraph 

(a) for manual records and paragraph (b) 

for electronic records. Paragraph (c) 

requires that automated records be 

electronically signed and stamped with 

the certifying employee’s electronic 

signature that meets the requirements of 

§ 228.206(a) and the date and time that 

the employee electronically signed the 

record. As in paragraphs (a) and (b), 

paragraph (c) contains requirements for 

retaining and accessing the records. 

Unlike paragraph (b) applicable to 

electronic records, paragraph (c) does 

not require using an employee 

identification (ID) and password to 

access automated records.12 While some 

eligible smaller railroads might choose 

to provide an ID and password for the 

purpose of accessing an automated 

system, FRA concludes mandating an ID 

and password would be more complex 

than necessary for smaller operations, 

which may choose, for example, to have 

a railroad official directly provide 

access.13 Finally, paragraph (c) requires 

automated records be capable of being 

reproduced on printers available at the 

location where records are accessed, 

meaning railroads must have printers 

available at any location where they 

provide access to records. This 

requirement also applies to electronic 

recordkeeping systems under § 228.9(b). 

Section 228.11 Hours of Duty Records 

Section 228.11(a) requires each 

railroad, or a contractor or a 

subcontractor that provides covered 

service employees to a railroad, to ‘‘keep 

a record, either manually or 

electronically, concerning the hours of 

duty of each employee.’’ Because HS 

records created and maintained using an 

automated recordkeeping system will 

also be required to comply with the 

requirements of § 228.11 (see section-bysection analysis of § 228.201(b) below), 

this rule removes the words ‘‘either 

manually or electronically’’ from the 

requirement. 


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43992 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 

Section 228.201 Electronic 

Recordkeeping System and Automated 

Recordkeeping System; General 

FRA retains the pre-existing 

requirements of this section for 

electronic recordkeeping systems as 

paragraph (a) and adopts new paragraph 

(b) with similar but simplified 

requirements for automated 

recordkeeping systems, in part by crossreferencing those requirements of 

paragraph (a) also applicable to 

automated recordkeeping systems. The 

rule makes minor non-substantive 

changes to paragraphs (a)(3), (a)(4), and 

(a)(5) to correct typographical errors, 

specifically by deleting the ‘‘and’’ after 

paragraph (a)(3), replacing the periods at 

the end of paragraphs (a)(4) and (a)(5) 

with semicolons, and adding ‘‘and’’ 

after the semicolon at the end of 

paragraph (a)(5). New § 228.201(b)(1) 

requires an automated recordkeeping 

system to comply with new § 228.206. 

New § 228.201(b)(2) requires eligible 

smaller railroads using automated 

recordkeeping systems to comply with 

the requirements of paragraphs (a)(2) 

and (a)(4)–(a)(6), requirements also 

applicable to electronic records and 

recordkeeping systems. The main 

difference between the requirements of 

new § 228.201(b)(2) for automated 

records and recordkeeping systems and 

the corresponding existing requirements 

for electronic records and recordkeeping 

systems is that automated systems are 

not required to have monitoring 

indicators in the system to help the 

railroad monitor the accuracy of the 

records. Eligible smaller railroads, 

however, remain responsible for the 

accuracy of their required HS records, 

regardless of whether the record is 

manual, automated, or electronic. 

Finally, under new § 228.201(c), if a 

railroad, or a contractor or subcontractor 

to a railroad with an automated 

recordkeeping system, ceases to qualify 

as an ‘‘eligible smaller railroad’’ based 

on the new definition in § 228.5, that 

railroad, or contractor or subcontractor 

to a railroad, may not use an automated 

recordkeeping system unless FRA grants 

a waiver under 49 CFR 211.41. As 

described above, FRA believes larger 

railroads are better served by the use of 

an electronic recordkeeping system. In 

most cases, a railroad with such growth 

for three consecutive calendar years will 

have had sufficient time and funding to 

transition to an electronic recordkeeping 

system. 

Section 228.206 Requirements for 

Automated Records and Recordkeeping 

Systems on Eligible Smaller Railroads 

New § 228.206 establishes the 

requirements for an automated 

recordkeeping system, some of which 

are similar to the requirements for 

electronic recordkeeping systems found 

in §§ 228.203 and 228.205. As discussed 

in Section III above, however, § 228.206 

is tailored to the nature and lesser 

complexity of the operations of eligible 

smaller railroads. Therefore, the rule 

does not require an automated system to 

include some of the program 

components and other features that 

apply to electronic recordkeeping 

systems. These elements are not 

appropriate or necessary for the 

operations of eligible smaller railroads; 

however, the rule requires other 

elements for the automated systems not 

used in an electronic recordkeeping 

system. 

Paragraph (a) mandates an employee 

creating an automated record must sign 

the record and establishes the 

requirements for an electronic signature. 

These requirements largely track 

paragraph (g) of § 228.19, which 

explains the requirements for railroads 

to establish and use electronic 

signatures for filing reports of excess 

service. These requirements are unique 

to automated recordkeeping systems 

and do not apply to electronic 

recordkeeping systems. 

Paragraph (b) provides standards for 

system security of automated 

recordkeeping systems. Eligible smaller 

railroads must control access to the 

automated recordkeeping system using a 

user name and password or comparable 

method. Paragraph (b)(1) restricts data 

entry to the employee, train crew, or 

signal gang whose time is being 

reported, although a railroad may prepopulate some of the known factual data 

on its employees’ HS records. An 

employee’s name or identification 

number, or the on-duty time for an 

employee who works a regular 

schedule, are examples of the kind of 

data that the automated system can prepopulate; however, the regulation 

requires that the employee may make 

changes to any pre-populated data at all 

times without requiring permission or 

authorization from any third party, such 

as, but not limited to, a railroad 

manager. 

Paragraph (b)(2) requires no two 

individuals have the same electronic 

signature, and paragraph (b)(3) requires 

the system not permit the deletion or 

alteration of an electronically-signed 

automated record. Paragraphs (b)(4) and 

(b)(5) together require that any 

amendment to a record must (1) be 

stored digitally apart from the record it 

amends or attached as information 

without altering the record and (2) 

identify the person making the 

amendment. Finally, paragraphs (b)(6) 

and (b)(7) require the automated 

recordkeeping systems maintain records 

as submitted without corruption or loss 

of data and ensure supervisors and crew 

management officials can access, but not 

delete or alter, an automated record after 

an employee electronically signs the 

record. The proposed rule did not 

establish a specific interval for railroads 

to back-up the data contained in their 

automated recordkeeping system. FRA 

requested comments on the appropriate 

interval and method of data back-up, 

but did not receive any comments on 

this issue. To guarantee sufficient data 

redundancy to prevent substantial loss 

of HS records, paragraph (b)(6) now 

requires back-up of automated 

recordkeeping systems at least quarterly. 

Paragraph (c) requires the automated 

recordkeeping system to identify each 

individual who enters data on a record 

and which data items each individual 

entered if more than one person entered 

data on a given record. 

Paragraph (d) establishes the required 

search capabilities for an automated 

recordkeeping system. Though the rule 

provides specific data fields and other 

criteria the system must be able to use 

to search for and retrieve responsive 

records, the requirements are notably 

less complex than those for an 

electronic recordkeeping system. 

Paragraph (e) establishes the 

requirements for access to automated 

recordkeeping systems. Eligible smaller 

railroads must grant FRA inspectors, 

and participating State inspectors, 

access to the system using railroad 

computer terminals as soon as possible, 

and no later than 24 hours after a 

request for access. The access must 

make visible each data field an 

employee completed, and data fields 

must be searchable as described in 

paragraph (d). 

Section 228.207 Training 

This rule revises the training 

requirements of part 228. Specifically, 

paragraph (b) of this section, which sets 

forth the components of initial training, 

will now require training on how to 

enter HS data into an automated system. 

The paragraph currently requires 

training of employees on the electronic 

recordkeeping system or the appropriate 

paper records used by the railroad, 

contractor, or subcontractor for whom 

the employees perform covered service. 

Paragraph (b) will now include a similar 

training requirement for eligible smaller 


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14The Regulatory Evaluation for Docket No. 

FRA–2012–101, Notice No. 2, is placed in the 

regulatory docket for this final rule. 

15The equipment needed for an automated 

recordkeeping system includes, a PC and other 

computer accessories such as printers. 

16Examples of the types of software that might be 

purchased are simple programmable accounting 

type spreadsheets, or electronic signature and 

encryption software. 

railroads that develop an automated 

recordkeeping system in compliance 

with this rule. 

Similarly, this rule revises paragraph 

(c) of this section to specifically require 

eligible smaller railroads with 

automated systems to provide refresher 

training emphasizing any changes in HS 

substantive requirements, HS 

recordkeeping requirements, or a 

railroad’s HS recordkeeping system 

since the employee was last provided 

training. FRA expects any railroad 

implementing an automated 

recordkeeping system to replace 

previously-used paper records would 

need to provide training on the use of 

that system to its employees, even if 

those employees had previously 

received training for paper records as 

required by this section. 

VI. Regulatory Impact and Notices 

A. Executive Orders 12866, 13563, and 

13771 and DOT Regulatory Policies and 

Procedures 

This final rule has been evaluated in 

accordance with existing policies and 

procedures under Executive Order 

12866, Executive Order 13563, 

Executive Order 13771, and DOT 

policies and procedures. 44 FR 11034, 

Feb. 26, 1979; 76 FR 3821, Jan. 21, 2011; 

82 FR 9339, Jan. 30, 2017. OMB 

designated this rule nonsignificant. FRA 

prepared and placed in the docket a 

Regulatory Evaluation addressing the 

economic impacts of this rule. 

FRA will now allow eligible smaller 

railroads, and their contractors and 

subcontractors, to use automated 

recordkeeping systems, a simpler 

alternative to electronic recordkeeping 

systems that are infeasible for them, 

because their operations are less 

complex and variable than the 

operations of larger railroads. Both 

electronic and automated records 

require substantially less time to 

complete and cost less to store than 

manual records. Under this rule, eligible 

smaller railroads can take advantage of 

paper-saving technology to create and 

maintain hours of duty records as 

required by 49 CFR part 228, subpart B 

without complying with the morestringent requirements for electronic 

recordkeeping systems under 49 CFR 

part 228, subpart D that may not be 

relevant to their operations. As part of 

its regulatory evaluation, FRA explained 

the benefits/cost savings of automated 

records and recordkeeping systems 

under this rule and provided a 

monetized value. The rule substantially 

reduces costs compared to current paper 

recordkeeping systems by allowing 

eligible smaller railroads to use 

automated recordkeeping systems. FRA 

believes the majority of eligible smaller 

railroads will take advantage of the 

opportunity for cost savings and incur a 

small burden to realize projected 

significant net cost savings. The final 

rule also follows the direction of 

Executive Order 13563, which 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

Finally, this final rule is considered 

an E.O. 13771 deregulatory action. 

Details on the estimated cost savings of 

this proposed rule can be found in the 

rule’s economic analysis. 

FRA estimates this regulation will 

result in a total estimated reduction of 

just over 194,000 burden hours 

annually. Based on railroads’ annual 

6180.55 reports to FRA for 2016, this 

rule will apply to a total of 

approximately 764 railroads with less 

than 400,000 employee-hours annually. 

These 764 railroads include the eligible 

employees of 746 probable small freight 

railroads and 18 small commuter 

railroads, as well as their contractors 

and subcontractors. FRA estimates 615 

of these entities will adopt an 

automated recordkeeping system: 80 

percent of the 746 small railroads and 

all 18 of the small commuter railroads. 

The economic analysis 14 provides a 

quantitative evaluation of the costs, cost 

savings, and benefits of the rule. The 

cost savings equals the reduced time an 

employee spends entering hours of duty 

in an automated system compared to the 

time they currently spend to manually 

produce a paper record of hours on 

duty. FRA calculated a reduction of 8 

minutes per record. 

FRA estimated the net cost savings 

expected from this final rule. In 

particular, over a 10-year period, $87.6 

million in net savings could accrue 

through the adoption of automated 

recordkeeping systems. The present 

value of this savings is $55.1 million 

(discounted at 7 percent). FRA 

concludes the eligible small railroads 

would benefit significantly from 

adoption of the final rule. 

Railroads are already producing HS 

records manually on paper records to 

comply with 49 CFR 228.11, and 

adopting an automated recordkeeping 

system is voluntary. FRA expects a 

relatively small implementation 

investment cost for railroads electing to 

use the automated system to realize the 

significant benefits (cost burden 

reduction). Costs are primarily labor 

driven along with the potential 

purchase of hardware 15 and software. 16FRA estimates that if each of these 

railroads were to expend $5,590 

discounted at 7 percent over a 10-year 

period to set up and operate an 

automated recordkeeping system for HS 

records, the railroads would reduce 

their paperwork burden by $95,174 

discounted at 7 percent over that same 

period. 

Therefore, this final rule would have 

a positive effect on these railroads, 

saving each railroad approximately a net 

$89,584 in costs at discounted 7 percent 

over the 10-year analysis. The table 

below presents the estimated net cost 

savings associated with the final rule, 

over the 10-year analysis. 

TABLE 1—10-YEAR ESTIMATED NET COST SAVINGS OF FINAL RULE

Costs to prepare and operate automated record keeping ............................................................................................................ $3,438,058 

Cost Savings: Reduced Hours of recordkeeping .......................................................................................................................... 58,532,167 

Net Cost Savings .................................................................................................................................................................... 55,094,109 

Dollars are discounted at a present value rate of 7%. 

B. Regulatory Flexibility Determination 

Both the Regulatory Flexibility Act 

(RFA), Public Law 96–354, as amended, 

and codified as amended at 5 U.S.C. 

601–612, and Executive Order 13272— 

Proper Consideration of Small Entities 

in Agency Rulemaking, 67 FR 53461, 

Aug. 16, 2002, require agency review of 

proposed and final rules to assess their 


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17 ‘‘In the Interim Policy Statement [62 FR 43024, 

Aug. 11, 1997], FRA defined ‘small entity,’ for the 

purpose of communication and enforcement 

policies, the Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., and the Equal Access for Justice Act 5 U.S.C. 

501 et seq., to include only railroads which are 

classified as Class III. FRA further clarified the 

definition to include, in addition to Class III 

railroads, hazardous materials shippers that meet 

the income level established for Class III railroads 

(those with annual operating revenues of $20 

million per year or less, as set forth in 49 CFR 

1201.1–1); railroad contractors that meet the income 

level established for Class III railroads; and those 

commuter railroads or small governmental 

jurisdictions that serve populations of 50,000 or 

less.’’ 68 FR 24892 (May 9, 2003). ‘‘The Final Policy 

Statement issued today is substantially the same as 

the Interim Policy Statement.’’ 68 FR 24894. 

18Under the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.), ‘‘small governmental jurisdictions’’ are 

governments of cities, counties, towns, townships, 

villages, school districts, or special districts with a 

population of less than 50,000. 

impact on ‘‘small entities’’ for purposes 

of the RFA. An agency must prepare a 

regulatory flexibility analysis unless it 

determines and certifies a final rule is 

not expected to have a significant 

impact on a substantial number of small 

entities. Pursuant to the RFA, 5 U.S.C. 

605(b), the Administrator of FRA 

certifies this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Although this final rule could affect 

many small railroads, they may 

voluntarily adopt the requirements. 

Moreover, the effect on those railroads 

that do voluntarily adopt the 

requirements is primarily beneficial and 

not significant because it will reduce 

their labor burden for hours of service 

recordkeeping and reporting. 

The term ‘‘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’ 

defined in paragraphs (3), (4), and (5) of 

this section.’’ In turn, Section 601(3) 

defines a ‘‘small business’’ as generally 

having the same meaning as ‘‘small 

business concern’’ under Section 3 of 

the Small Business Act, and includes 

any a small business concern that is 

independently owned and operated, and 

is not dominant in its field of operation. 

Next, Sec. 601(4) defines ‘‘small 

organization’’ as generally meaning any 

not-for-profit enterprises that is 

independently owned and operated, and 

not dominant in its field of operations. 

Additionally, Sec. 601(5) defines ‘‘small 

governmental jurisdiction’’ in general to 

include governments of cities, counties, 

towns, townships, villages, school 

districts, or special districts with 

populations less than 50,000. 

The U.S. Small Business 

Administration (SBA) stipulates ‘‘size 

standards’’ for small entities. It provides 

that, in order to qualify for ‘‘small 

entity’’ status, a for-profit railroad 

business firm may have a maximum of 

1,500 employees for ‘‘Line-Haul 

Operating’’ railroads and 500 employees 

for ‘‘Short-Line Operating’’ railroads. 

See ‘‘Size Eligibility Provisions and 

Standards,’’ 13 CFR part 121, subpart A. 

Under exceptions in Section 601, 

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 published a 

‘‘Final Policy Statement Concerning 

Small Entities Subject to the Railroad 

Safety Laws’’ (Policy) which formally 

establishes that small entities include 

among others, the following: (1) 

Railroads that Surface Transportation 

Board (STB) regulations classify as Class 

III and (2) commuter railroads ‘‘that 

serve populations of 50,000 or 

less.’’ 17 See 68 FR 24891, May 9, 2003, 

codified at appendix C to 49 CFR part 

209. Currently, railroads eligible for 

small entity status under the Policy also 

must have $20 million or less in annual 

operating revenue, adjusted annually for 

inflation. The $20 million limit 

(adjusted annually for inflation) is based 

on the STB’s threshold for a Class III 

railroad, which is adjusted by applying 

the railroad revenue deflator 

adjustment. For further information on 

the calculation of the specific dollar 

limit, see 49 CFR part 1201. FRA uses 

this definition of ‘‘small entity’’ for this 

final rule. 

FRA amends its hours of service 

recordkeeping regulations to provide 

simplified recordkeeping requirements 

by allowing eligible smaller railroads, 

and their contractors and 

subcontractors, to utilize an automated 

system to create and maintain hours of 

duty records as required by 49 CFR 

228.11. As stated above, FRA reports 

indicate there are 742 Class III railroads 

that are eligible to use the simplified 

automated recordkeeping system this 

final rule provides. However, if they are 

affected, it is voluntary because this 

final rule does not require any railroad 

to develop and use an automated 

recordkeeping system. As stated above, 

there are also 18 commuter railroads, 

each of which is run by a State, County, 

or Municipal Agency, eligible under this 

final rule to develop and use an 

automated recordkeeping system, but all 

serve populations of 50,000 or more and 

are not designated as small businesses.18

FRA estimates 80 percent of small 

railroads and all small commuter 

railroads to convert to automated 

recordkeeping. For the purposes of this 

analysis, the 615 railroads FRA 

estimates are affected by this final rule 

are assumed to be small railroads. 

However, as discussed above, the 

economic impact on these small 

railroads is not significant. This final 

rule does not affect any other small 

entities other than these small railroads. 

As stated above in Section VI.A., 

although FRA estimates each of these 

railroads will expend $5,590, this final 

rule will have a positive net economic 

effect on these railroads, saving each 

railroad approximately $89,584 in costs 

at discounted 7 percent over the 10-year 

period analyzed. Since this amount is 

relatively small and beneficial, FRA 

concludes this final rule does not have 

a significant impact on these railroads. 

To determine the significance of the 

economic impact for this RFA, during 

the NPRM process, FRA invited 

comments from all interested parties 

concerning the potential economic 

impact of this rulemaking on small 

entities. However, FRA did not receive 

any comments related to small entities. 

FRA expects the final rule will reduce 

the paperwork burden for smaller 

railroads. Therefore, this RFA concludes 

this final rule will not cause an 

economic impact on any small entities. 

Pursuant to the Regulatory Flexibility 

Act, 5 U.S.C. 601(b), the FRA 

Administrator hereby certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. FRA continues 

to invite comments from members of the 

public who foresee a significant impact. 

C. 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.’’ The 

executive order defines ‘‘policies that 

have federalism implications’’ 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 


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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. 

FRA analyzed this final rule 

consistent with the principles and 

criteria contained in Executive Order 

13132. FRA determined the final rule 

will not have substantial direct effects 

on States, on the relationship between 

the national government and States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. In addition, FRA 

determined this final rule will not 

impose substantial direct compliance 

costs on State and local governments. 

Therefore, the consultation and funding 

requirements of Executive Order 13132 

do not apply. 

This final rule amends FRA’s HS 

reporting and recordkeeping regulations 

to allow a railroad with less than 

400,000 employee hours annually, and 

a contractor or subcontractor providing 

covered service employees to such a 

railroad, to create and maintain HS 

records for its covered service 

employees using an automated 

recordkeeping system. FRA is not aware 

of any State with regulations covering 

the subject of this final rule. However, 

FRA notes this rule could have 

preemptive effect under Section 20106 

of the former Federal Railroad Safety 

Act of 1970, that Congress repealed, 

reenacted without substantive change, 

codified at 49 U.S.C. 20106, and later 

amended (Section 20106). Section 

20106 provides that States may not 

adopt or continue in effect any law, 

regulation, or order related to railroad 

safety or security that covers the subject 

matter of a regulation prescribed or 

order issued by the Secretary of 

Transportation (with respect to railroad 

safety matters), unless the State law, 

regulation, or order (1) qualifies under 

the ‘‘essentially local safety or security 

hazard’’ exception to Section 20106, (2) 

is not incompatible with a law, 

regulation, or order of the U.S. 

Government, and (3) does not 

unreasonably burden interstate 

commerce. 

In sum, FRA analyzed this final rule 

consistent with the principles and 

criteria contained in Executive Order 

13132. As explained above, FRA 

determined this final rule has no 

federalism implications other than 

possible preemption of State laws under 

49 U.S.C. 20106 and 21109 (providing 

regulatory authority for hours of 

service). Accordingly, FRA determined 

it is not required to prepare a federalism 

summary impact statement for this final 

rule. 

D. International Trade Impact 

Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

engaging in any standards 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. This rulemaking is 

purely domestic in nature and is not 

expected to affect trade opportunities 

for U.S. firms doing business overseas or 

for foreign firms doing business in the 

United States. 

E. 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: 

CFR section–49 CFR Respondent universe Total annual 

responses 

Average time per 

response 

Total 

annual 

burden 

hours 

228.11—Hours of duty records ........................... 785 railroads/signal 

contractors & 

subcontactors.

27,511,875 records ...... 2 min./5 min./8 min ...... 2,733,439 

228.17—Dispatchers record of train movements 150 dispatch offices ..... 200,750 records ........... 3 hours ......................... 602,250 

228.19—Monthly reports of excess service ........ 300 railroads ................ 2,670 reports ................ 2 hours ......................... 5,340 

228.103—Construction of Employee Sleeping 

Quarters—Petitions to allow construction near 

work areas.

50 railroads .................. 1 petition ...................... 16 hours ....................... 16 

228.201(b)—Electronic recordkeeping system 

and Automated system—RR automated systems (Revised Requirement).

764 railroads ................ 615 automated systems 24 hours ....................... 14,760 

(c)—Waiver requests by railroads/contractors/ 

subcontractors no longer eligible use an automated recordkeeping system to refrain from 

having to begin keeping manual or electronic 

records or refrain from retaining its automated 

records as required under section 228.9(c) 

(New Requirement).

615 railroads ................ 2 waiver requests ......... 8 hours ......................... 16 

228.206—New Requirements—Requirements for 

automated records and for automated recordkeeping systems on eligible smaller railroads, 

and their contractors or subcontractors that 

provide covered service employees to such 

railroads.

100,500 employees ...... 19,365 signed certifications.5 minutes ..................... 1,614 

Certification of employee’s electronic signature .. 100,500 employees ...... 75 signed certifications 5 minutes ..................... 6 

—Additional certification/testimony provided by 

employee upon FRA request.

615 railroads ................ 615 procedures ............ 90 minutes ................... 923 

—Procedure for providing FRA/state inspector 

with system access upon request.

228.207—Revised Requirements—Training in 

use of electronic or automated system—Initial 

training.

615 railroads ................ 5,931 trained employees.2 hours ......................... 11,862 


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CFR section–49 CFR Respondent universe Total annual 

responses 

Average time per 

response 

Total 

annual 

burden 

hours 

—Employee refresher training on relevant 

changes to hours of service laws, the recording or reporting requirements in Subparts B 

and D of this Part, or the electronic, automated, or manual recordkeeping system of 

the railroad/contractor.

785 railroads/contractors & subcontractors.47,000 trained employees.1 hour ........................... 47,000 

49 U.S.C. 21102—The Federal Hours of Service 

Laws—Petitions for exemption from laws.

10 railroads .................. 1 petition ...................... 10 hours ....................... 10 

228.407—Analysis of work schedules—RR analysis of one cycle of work schedules of employees engaged in commuter or intercity passenger transportation.168 railroads ................ 2 analyses .................... 20 hours ....................... 40 

—RR Report to FRA Administrator of each work 

schedule that exceeds fatigue threshold.

168 railroads ................ 1 report ......................... 2 hours ......................... 2 

—RR Fatigue mitigation plan—submission and 

FRA approval.

168 railroads ................ 1 plan ........................... 4 hours ......................... 4 

—Work schedules, proposed mitigation plans/ 

tools, determinations of operational necessity—found deficient by FRA and needing correction.

168 railroads ................ 1 corrected document .. 2 hours ......................... 2 

—Follow-up analyses submitted to FRA for approval.168 railroads ................ 5 analyses .................... 4 hours ......................... 20 

—Deficiencies found by FRA in revised work 

schedules and accompanying fatigue mitigation tools and determinations of operational 

necessity needing correction.

168 railroads ................ 1 corrected document .. 2 hours ......................... 2 

—Updated fatigue mitigation plans ..................... 168 railroads ................ 8 plans ......................... 4 hours ......................... 32 

—RR Consultation with directly affected employees on: (i) RR Work schedules at risk for fatigue level possibly compromising safety; and 168 railroads ................ 5 consultations ............. 2 hours ......................... 10 

(ii) Railroad’s selection of fatigue mitigation 

tools; and (iii) All RR Submissions required by 

this section seeking FRA approval.

—Filed employee statements with FRA explaining any issues related to paragraph (f)(1) of 

this section where consensus was not 

reached.

RR Employee Organizations.2 filed statements ......... 2 hours ......................... 4 

228.411—RR Training programs on fatigue and 

related topics (e.g., rest, alertness, changes in 

rest cycles, etc.).

168 railroads ................ 14 training programs .... 5 hours ......................... 70 

—Refresher training for new employees ............. 168 railroads ................ 150 initially trained employees.1 hour ........................... 150 

—RR Every 3 Years refresher training for existing employees.168 railroads ................ 3,400 trained employees.1 hour ........................... 3,400 

—RR Record of employees trained in compliance with this section.168 railroads ................ 3,550 records ............... 5 minutes ..................... 296 

—Written declaration to FRA by tourist, scenic, 

historic, or excursion RR seeking exclusion 

from this section’s requirements because its 

employees are assigned schedules wholly 

within the hours of 4 a.m. to 8 p.m. on the 

same calendar day that comply with the provisions of section 228.405.

140 railroads ................ 2 written declarations ... 1 hour ........................... 2 

Appendix D—Guidance on fatigue management 

plan—RR reviewed and updated fatigue management plans.

168 railroads ................ 2 updated plans ........... 10 hours ....................... 20 

All estimates include the time for 

reviewing instructions; searching 

existing data sources; gathering or 

maintaining the needed data; and 

reviewing the information. Pursuant to 

44 U.S.C. 3506(c)(2)(B), FRA solicits 

comments concerning: Whether these 

information collection requirements are 

necessary for the proper performance of 

the functions of FRA, including whether 

the information has practical utility; the 

accuracy of FRA’s estimates of the 

burden of the information collection 

requirements; the quality, utility, and 

clarity of the information to be 

collected; and whether the burden of 

collection of information on those who 

are to respond, including through the 

use of automated collection techniques 

or other forms of information 

technology, may be minimized. For 

information or a copy of the paperwork 

package submitted to OMB, contact Mr. 

Robert Brogan, Information Collection 

Clearance Officer, Office of Railroad 

Safety, at 202–493–6292, or Ms. Kim 

Toone, Information Collection Clearance 

Officer, Office of Railroad 

Administration, at 202–493–6132, or via 

email at the following addresses: 

Robert.Brogan@dot.gov; Kim.Toone@

dot.gov. 


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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: oira_submissions@

omb.eop.gov. 

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 this final rule. The OMB control 

number assigned to the collection of 

information associated with the current 

rule is OMB No. 2130–0005. 

F. Environmental Assessment 

FRA evaluated this final rule 

consistent with its ‘‘Procedures for 

Considering Environmental Impacts’’ 

(FRA’s Procedures) (64 FR 28545, May 

26, 1999) as required by the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.), other environmental 

statutes, Executive Orders, and related 

regulatory requirements. FRA 

determined this final rule is not a major 

FRA action requiring the preparation of 

an environmental impact statement or 

environmental assessment because it is 

categorically excluded from detailed 

environmental review under section 

4(c)(20) of FRA’s Procedures.See 64 FR 

28547, May 26, 1999. Section 4(c)(20) 

states certain classes of FRA actions 

have been determined to be 

categorically excluded from the 

requirements of FRA’s Procedures as 

they do not individually or cumulatively 

have a significant effect on the human 

environment, including the 

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. 

FRA further concluded no 

extraordinary circumstances exist with 

respect to this final regulation that 

might trigger the need for a more 

detailed environmental review under 

sections 4(c) and (e) of FRA’s 

Procedures. As a result, FRA finds that 

this final rule is not a major Federal 

action significantly affecting the quality 

of the human environment. 

G. 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 written 

statements from agencies before 

promulgating any general notice of 

proposed rulemaking 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 written statement, if required, 

would detail the effect on State, local, 

and tribal governments and the private 

sector. 

For the year 2015, FRA adjusted the 

monetary amount of $100,000,000 to 

$156,000,000 for inflation. This final 

rule would not result in the expenditure 

of more than $156,000,000 by the public 

sector in any one year, and thus 

preparation of such a statement is not 

required. 

H. 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, 

‘‘significant energy action’’ means 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 a notice of 

inquiry, advance NPRM, and NPRM) 

that (1)(i) 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) is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs as a significant energy action. 

FRA evaluated this rule consistent with 

Executive Order 13211. FRA determined 

this rule will not have a significant 

adverse effect on the supply, 

distribution, or use of energy and, thus, 

is not a ‘‘significant energy action’’ 

under the Executive Order 13211. 

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 

■ 1. The authority citation for part 228 

is revised to read as follows: 

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. 

■ 2. The heading of part 228 is revised 

to read as set forth above. 

■ 3. In § 228.5, add definitions of 

‘‘Automated recordkeeping system’’; 

‘‘Electronic recordkeeping system’’; 

‘‘Electronic signature’’; and ‘‘Eligible 

smaller railroad’’ in alphabetical order 

to read as follows: 

§ 228.5 Definitions. 

* * * * * 

Automated recordkeeping system 

means a recordkeeping system that— 

(1) An eligible smaller railroad, or a 

contractor or subcontractor to such a 

railroad, may use instead of a manual 

recordkeeping system or electronic 

recordkeeping system to create and 

maintain any records subpart B of this 

part requires; and 

(2) Conforms to the requirements of 

§ 228.206. 

* * * * * 

Electronic recordkeeping system 

means a recordkeeping system that— 

(1) A railroad may use instead of a 

manual recordkeeping system or 

automated recordkeeping system to 

create and maintain any records 

required by subpart B of this part; and 

(2) Conforms to the requirements of 

§§ 228.201–228.205. 

Electronic signature means an 

electronic sound, symbol, or process 

that— 

(1) Is attached to, or logically 

associated with, a contract or other 

record; 


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43998 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 

(2) Is executed or adopted by a person 

with the intent to sign the record, to 

create either an individual’s unique 

digital signature, or unique digitized 

handwritten signature; and 

(3) Complies with the requirements of 

§ 228.19(g) or § 228.206(a). 

Eligible smaller railroad means either: 

(1) A railroad that reported to FRA 

that it had less than 400,000 employee 

hours during the preceding three 

consecutive calendar years under 

§ 225.21(d) of this chapter on Form FRA 

6180.55, Annual Railroad Reports of 

Employee Hours by State; or 

(2) A railroad operating less than 3 

consecutive calendar years that reported 

to FRA that it had less than 400,000 

employee hours during the current 

calendar year under § 225.21(d) of this 

chapter on Form FRA 6180.55, Annual 

Railroad Reports of Employee Hours by 

State. 

* * * * * 

■ 4. In § 228.9, revise the section 

heading, add headings to paragraphs (a) 

and (b), and add new paragraph (c) to 

read as follows: 

§ 228.9 Manual, electronic, and automated 

records; general. 

(a) Manual records. * * * 

* * * * * 

(b) Electronic records. * * * 

* * * * * 

(c) Automated records. Each 

automated record maintained under this 

part shall be— 

(1) Signed electronically by the 

employee whose time on duty is being 

recorded or, in the case of a member of 

a train crew or a signal employee gang, 

digitally signed by the reporting 

employee who is a member of the train 

crew or signal gang whose time is being 

recorded as provided by § 228.206(a); 

(2) Stamped electronically with the 

certifying employee’s electronic 

signature and the date and time the 

employee electronically signed the 

record; 

(3) Retained for 2 years in a secured 

file that prevents alteration after 

electronic signature; 

(4) Accessible by the Administrator 

through a computer terminal of the 

railroad; and 

(5) Reproducible using printers at the 

location where records are accessed. 

■ 5. In § 228.11, revise the first sentence 

of paragraph (a) to read as follows: 

§ 228.11 Hours of duty records. 

(a) In general. Each railroad, or a 

contractor or a subcontractor of a 

railroad, shall keep a record of the hours 

of duty of each employee. * * * 

* * * * * 

■ 6. Revise the heading of subpart D to 

read as follows: 

Subpart D—Electronic Recordkeeping 

System and Automated Recordkeeping 

System 

■ 7. In § 228.201, revise the section 

heading, designate the introductory text 

as paragraph (a), add a heading to newly 

designated paragraph (a), redesignate 

paragraphs (1) through (6) as paragraphs 

(a)(1) through (6), revise the paragraphs 

newly designated as (a)(1), (a)(3), (a)(4), 

and (a)(5), and add new paragraph (b) to 

read as follows: 

§ 228.201 Electronic recordkeeping 

system and automated recordkeeping 

system; general. 

(a) Electronic recordkeeping system. 

* * * 

(1) The system used to generate the 

electronic record meets all requirements 

of this paragraph (a) of this section and 

all requirements of §§ 228.203 and 

228.205; 

* * * * * 

(3) The railroad, or contractor or 

subcontractor to the railroad, monitors 

its electronic database of employee 

hours of duty records through a 

sufficient number of monitoring 

indicators to ensure a high degree of 

accuracy of these records; 

(4) The railroad, or contractor or 

subcontractor to the railroad, trains its 

affected employees on the proper use of 

the electronic recordkeeping system to 

enter the information necessary to create 

their hours of service record, as required 

by § 228.207; 

(5) The railroad, or contractor or 

subcontractor to the railroad, maintains 

an information technology security 

program adequate to ensure the integrity 

of the system, including the prevention 

of unauthorized access to the program 

logic or individual records; and 

* * * * * 

(b) Automated recordkeeping system. 

For purposes of compliance with the 

recordkeeping requirements of subpart 

B of this part, an eligible smaller 

railroad, or a contractor or a 

subcontractor that provides covered 

service employees to such a railroad, 

may create and maintain any of the 

records required by subpart B using an 

automated recordkeeping system if all of 

the following conditions are met: 

(1) The automated recordkeeping 

system meets all requirements of 

paragraph (b) of this section and all 

requirements of § 228.206; and 

(2) The eligible smaller railroad or its 

contractor or subcontractor complies 

with all of the requirements of 

paragraphs (a)(2) and (a)(4) through (6) 

of this section for its automated records 

and automated recordkeeping system. 

(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 

§ 228.9(c) unless the entity requests, and 

FRA grants, a waiver under § 211.41 of 

this chapter. 

■ 8. Add § 228.206 to read as follows: 

§ 228.206 Requirements for automated 

records and for automated recordkeeping 

systems on eligible smaller railroads, and 

their contractors or subcontractors that 

provide covered service employees to such 

railroads. 

(a) Use of electronic signature. Each 

employee creating a record required by 

subpart B of this part must sign the 

record using an electronic signature that 

meets the following requirements: 

(1) The record contains the printed 

name of the signer and the date and 

actual time the signature was executed, 

and the meaning (such as authorship, 

review, or approval) associated with the 

signature; 

(2) Each electronic signature is unique 

to one individual and shall not be used 

by, or assigned to, anyone else; 

(3) Before an eligible smaller railroad, 

or a contractor or subcontractor to such 

a railroad, establishes, assigns, certifies, 

or otherwise sanctions an individual’s 

electronic signature, or any element of 

such electronic signature, the 

organization shall verify the identity of 

the individual; 

(4) A person using an electronic 

signature shall, prior to or at the time of 

each such use, certify to FRA that the 

person’s electronic signature in the 

system, used on or after August 29, 2018 

is the legally binding equivalent of the 

person’s traditional handwritten 

signature; 

(5) Each employee shall sign the 

initial certification of his or her 

electronic signature with a traditional 

handwritten signature, and each 

railroad using an automated system 

shall maintain certification of each 

electronic signature at its headquarters 

or the headquarters of any contractor or 

subcontractor providing employees who 

perform covered service to such a 

railroad, and railroads, contractors, and 

subcontractors must make the 

certification available to FRA upon 

request; and 

(6) A person using an electronic 

signature in such a system shall, upon 

FRA request, provide additional 

certification or testimony that a specific 


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Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Rules and Regulations 43999 

electronic signature is the legally 

binding equivalent of his or her 

handwritten signature. 

(b) System security. Railroads using 

an automated recordkeeping system 

must protect the integrity of the system 

by the use of an employee identification 

number and password, or a comparable 

method, to establish appropriate levels 

of program access meeting all of the 

following standards: 

(1) Data input is restricted to the 

employee or train crew or signal gang 

whose time is being recorded, except 

that an eligible smaller railroad, or a 

contractor or subcontractor to such a 

railroad, may pre-populate fields of the 

hours of service record provided that— 

(i) The eligible smaller railroad, or its 

contractor or subcontractor, prepopulates fields of the hours of service 

record with information the railroad, or 

its contractor or subcontractor knows is 

factually accurate for a specific 

employee. 

(ii) The recordkeeping system may 

allow employees to copy data from one 

field of a record into another field, 

where applicable. 

(iii) The eligible smaller railroad, or 

its contractor or subcontractor does not 

use estimated, historical, or arbitrary 

information to pre-populate any field of 

an hours of service record. 

(iv) An eligible smaller railroad, or a 

contractor or a subcontractor to such a 

railroad, is not in violation of paragraph 

(b)(1) of this section if it makes a good 

faith judgment as to the factual accuracy 

of the data for a specific employee but 

nevertheless errs in pre-populating a 

data field. 

(v) The employee may make any 

necessary changes to the data by typing 

into the field without having to access 

another screen or obtain clearance from 

railroad, or contractor or subcontractor 

to the railroad. 

(2) No two individuals have the same 

electronic signature. 

(3) No individual can delete or alter 

a record after the employee who created 

the record electronically signs the 

record. 

(4) Any amendment to a record is 

either: 

(i) Electronically stored apart from the 

record that it amends; or 

(ii) Electronically attached to the 

record as information without changing 

the original record. 

(5) Each amendment to a record 

uniquely identifies the individual 

making the amendment. 

(6) The automated system maintains 

the records as originally submitted 

without corruption or loss of data. 

Beginning August 29, 2018, an eligible 

smaller railroad must retain back-up 

data storage for its automated records 

for the quarters prescribed in the 

following table for the time specified in 

§ 228.9(c)(3), to be updated within 30 

days of the end of each prescribed 

quarter— 

Quarter 1 ........ January 1 through March 31. 

Quarter 2 ........ April 1 through June 30. 

Quarter 3 ........ July 1 through September 

30. 

Quarter 4 ........ October 1 through December 31. 

(7) Supervisors and crew management 

officials can access, but cannot delete or 

alter, the records of any employee after 

the employee electronically signs the 

record. 

(c) Identification of the individual 

entering data. If a given record contains 

data entered by more than one 

individual, the record must identify 

each individual who entered specific 

information within the record and the 

data the individual entered. 

(d) Search capabilities. The 

automated recordkeeping system must 

store records using the following criteria 

so all records matching the selected 

criteria are retrieved from the same 

location: 

(1) Date (month and year); 

(2) Employee name or identification 

number; and 

(3) Electronically signed records 

containing one or more instances of 

excess service, including duty tours in 

excess of 12 hours. 

(e) Access to records. An eligible 

smaller railroad, or contractor or 

subcontractor providing covered service 

employees to such a railroad, must 

provide access to its hours of service 

records under subpart B that are created 

and maintained in its automated 

recordkeeping system to FRA inspectors 

and State inspectors participating under 

49 CFR part 212, subject to the 

following requirements: 

(1) Access to records created and 

maintained in the automated 

recordkeeping system must be obtained 

as required by § 228.9(c)(4); 

(2) An eligible smaller railroad must 

establish and comply with procedures 

for providing an FRA inspector or 

participating State inspector with access 

to the system upon request and must 

provide access to the system as soon as 

possible but not later than 24 hours after 

a request for access; 

(3) Each data field entered by an 

employee on the input screen must be 

visible to the FRA inspector or 

participating State inspector; and 

(4) The data fields must be searchable 

as described in paragraph (d) of this 

section and must yield access to all 

records matching the criteria specified 

in a search. 

■ 9. In § 228.207, revise paragraphs 

(b)(1)(iii)(B) and (c)(1)(i) to read as 

follows: 

§ 228.207 Training. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) * * * 

(B) The entry of hours of service data, 

into the electronic system or automated 

system or on the appropriate paper 

records used by the railroad or 

contractor or subcontractor to a railroad 

for which the employee performs 

covered service; and 

* * * * * 

(c) * * * 

(1) * * * 

(i) Emphasize any relevant changes to 

the hours of service laws, the recording 

and reporting requirements in subparts 

B and D of this part, or the electronic, 

automated, or manual recordkeeping 

system of the railroad or contractor or 

subcontractor to a railroad for which the 

employee performs covered service 

since the employee last received 

training; and 

* * * * * 

Issued in Washington, DC. 

Ronald Louis Batory, 

Administrator. 

[FR Doc. 2018–18639 Filed 8–28–18; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 107816769–8162–02] 

RIN 0648–XG396 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by Trawl 

Catcher Vessels in the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher vessels 

using trawl gear in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the annual allowance 

of the 2018 Pacific cod total allowable 

catch apportioned to trawl catcher 


sradovich on DSK3GMQ082PROD with RULES