[Federal Register Volume 65, Number 190 (Friday, September 29, 2000)]
[Rules and Regulations]
[Pages 58482-58483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24706]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 240

FRA Docket No. RSOR-9, Notice 13

[RIN 2130-AA74]


Qualification and Certification of Locomotive Engineers; 
Corrections

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Final rule; corrections.

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SUMMARY: FRA published in the Federal Register of November 8, 1999, (64 
FR 60966), a document making miscellaneous amendments to its 
requirements for the qualification and certification of locomotive 
engineers (49 CFR part 240). Inadvertently, mistakes were made in four 
different items in that publication.
    First, in Sec. 240.7, a revised definition of locomotive is missing 
a parenthesis.
    Second, in Sec. 240.7, an added definition of service has one 
misplaced quotation mark.
    Third, a new Sec. 240.309(e)(6) was published without describing 
the amendment as a revision of the existing paragraph (e)(6). Without a 
correction, the section would contain two different paragraphs numbered 
(e)(6). This document removes the older paragraph (e)(6).
    Fourth, two revisions were made to the penalty schedule regarding 
Sec. 240.123 without describing the amendments. Without a correction, 
the penalty schedule would not be amended; instead, the revision would 
be published separately after the penalty schedule.

DATES: Effective on September 29, 2000.

FOR FURTHER INFORMATION CONTACT: Alan H. Nagler, Trial Attorney, Office 
of Chief Counsel, FRA, 400 Seventh Street, S.W., RCC-11, Mail Stop 10, 
Washington, DC 20590 (telephone: 202-493-6049).

SUPPLEMENTARY INFORMATION: FRA published a document in the Federal 
Register of November 8, 1999, (64 FR 60966) amending Sec. 240.7. A 
revised definition of locomotive was published. However, the revision 
was missing a parenthesis. A second close parenthesis should have been 
added prior to the colon.
    FRA published a document in the Federal Register of November 8, 
1999, (64 FR 60966) amending Sec. 240.7. A definition of service was 
added. However, the new definition has one misplaced quotation mark. 
The last sentence should only have quotation marks around the word 
``filing'' instead of quotation marks around the phrase ``filing in 
this section.''
    FRA published a document in the Federal Register of November 8, 
1999, (64 FR 60966) amending Sec. 240.309. This section was amended by 
revising paragraphs (e), (e)(3), (e)(5), (e)(7), and (e)(8), removing 
paragraph (e)(10) and correcting a clerical error, which had created a 
second paragraph (e), by redesignating this second paragraph (e) as 
paragraph (h). A paragraph numbered (e)(6) was published without an 
explanation of how to treat it in the amendatory language. Although 
this mistake occurred, the preamble in that

[[Page 58483]]

document explained that FRA intended to revise paragraph (e)(6). This 
correction removes the old paragraph (e)(6) so that only the revised 
paragraph (e)(6) that was published on November 8, 1999, will remain 
part of the rule.
    FRA published a document in the Federal Register of November 8, 
1999, (64 FR 60966) amending ``Appendix A to Part 240-Schedule of Civil 
Penalties.'' The appendix was amended by ``adding penalty entries for 
Secs. 240.104 and 240.231 and by revising the penalty entries for 
Secs. 240.105, 240.111, 240.117, 240.121, 240.225, 240.229, 240.305, 
240.307, 240.309 and footnote number 1.'' Two revisions to Sec. 240.123 
were published without any explanation of how to treat them in the 
amendatory language. By revising the penalty schedule for this section, 
the paragraph citations will match up better with the paragraphs cited 
to in the regulatory text. The sum total of these corrections are to 
change ``(a)'' to ``(b)'' and ``(b)'' to ``(c).'' Thus, only the 
revised penalty schedule entry for Sec. 240.123 that was published on 
November 8, 1999, will remain part of the rule.

Corrections:

    1. In rule FR Doc. 99-28930 published on November 8, 1999, (64 FR 
60966) make the following correction. On page 60989, in the first 
column, item 5, add a close parenthesis to the introductory text of the 
revised definition of locomotive just prior to the colon, so that it 
reads:
* * * * *
    Locomotive means a piece of on-track equipment (other than 
specialized roadway maintenance equipment or a dual purpose vehicle 
operating in accordance with Sec. 240.104(a)(2)):
* * * * *
    2. In rule FR Doc. 99-28930 published on November 8, 1999, (64 FR 
60966) make the following correction. On page 60989, in the second 
column, item 5, correct the definition of service so that the last 
sentence reads:
* * * * *
    * * * See also the definition of ``filing'' in this section.
* * * * *

    3. In rule FR Doc. 99-28930 published on November 8, 1999, (64 FR 
60966) make the following correction. On page 60994, in the third 
column, item 26, add ``(e)(6),'' after the phrase ``[s]ection 240.309 
is amended by revising paragraphs (e) introductory text, (e)(3), 
(e)(5).''

    4. In rule FR Doc. 99-28930 published on November 8, 1999, (64 FR 
60966) make the following correction. On page 60995, in the third 
column, item 30, add ``240.123,'' after the phrase ``Appendix A to part 
240 is amended by adding penalty entries for Secs. 240.104 and 240.231 
and by revising the penalty entries for Secs. 240.105, 240.111, 
240.117, 240.121.''

    Dated: September 21, 2000.
S. Mark Lindsey,
Chief Counsel.
[FR Doc. 00-24706 Filed 9-28-00; 8:45 am]
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