84842 Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Proposed Rules 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document proposes to amend the 

current version of that order, FAA Order 

JO 7400.11J, dated July 31, 2024, and 

effective September 15, 2024. These 

updates would be published in the next 

update to FAA Order JO 7400.11. That 

order is publicly available as listed in 

the ADDRESSES section of this document. 

FAA Order JO 7400.11J lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 to establish RNAV 

Routes T–492 and T–494 in the eastern 

United States. This action supports 

continued FAA NextGen efforts to 

provide a modern RNAV route structure 

that improves the efficiency of the NAS. 

The proposed RNAV routes are 

described below. 

T–492: T–492 is a new RNAV route 

proposed to extend between the FIINN, 

FL, waypoint (WP) and the DEARY, FL, 

Fix. The proposed route would provide 

RNAV connectivity for aircraft operating 

under instrument flight rules (IFR) to 

transition between the east and west 

sides of the Tampa International 

Airport, FL, and would overlay VOR 

Federal Airway V–441 between the 

YOJIX, FL, Fix and the DEARY Fix. 

T–494: T–494 is a new RNAV route 

proposed to extend between the 

SKWAD, FL, WP and the TWOON, FL, 

WP. The proposed route would provide 

RNAV connectivity for aircraft operating 

under IFR to transition between the east 

and west sides of the Orlando 

International Airport, FL. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–492 FIINN, FL to DEARY, FL [New] 

FIINN, FL WP (Lat. 27°58′36.45′′ N, long. 082°46′57.63′′ W) 

PMPNO, FL WP (Lat. 27°57′57.52′′ N, long. 082°19′18.44′′ W) 

WEZER, FL WP (Lat. 28°02′26.59′′ N, long. 082°02′39.60′′ W) 

YOJIX, FL FIX (Lat. 28°02′44.04′′ N, long. 081°33′45.34′′ W) 

ODDEL, FL FIX (Lat. 28°05′45.51′′ N, long. 081°10′10.24′′ W) 

DEARY, FL FIX (Lat. 28°06′02.53′′ N, long. 080°54′51.40′′ W) 

* * * * * 

T–494 SKWAD, FL to TWOON, FL [New] 

SKWAD, FL WP (Lat. 28°25′45.51′′ N, long. 081°27′23.25′′ W) 

TWOON, FL WP (Lat. 28°25′45.46′′ N, long. 081°08′54.93′′ W) 

* * * * * 

Issued in Washington, DC, on October 18, 

2024. 

Frank Lias, 

Manager, Rules and Regulations Group. 

[FR Doc. 2024–24589 Filed 10–23–24; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2024–0430: FRL–12243– 

01–R10] 

Air Plan Approval; Washington; 

Olympic Region Clean Air Agency, 

Recreational Fires 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Washington State 

Implementation Plan (SIP) that was 

submitted by the Department of Ecology 

(Ecology) in coordination with the 

Olympic Region Clean Air Agency 

(ORCAA). In 2013, Ecology and ORCAA 

inadvertently submitted for 

incorporation into the SIP a ban on 

small, recreational fires in Thurston 

County. These fires are defined as 

having a maximum pile size of three feet 

in diameter by two feet high using 

seasoned firewood or charcoal, 

generally associated with backyard, 

summer campfires. Ecology and ORCAA 

provided a review of the historical 

record to demonstrate that the ban on 

recreational fires was not relied upon 


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Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Proposed Rules 84843 

for attainment, maintenance, or 

reasonable further progress in the 

Thurston County area. Ecology and 

ORCAA also provided data to 

demonstrate that removing the ban on 

recreational fires would not interfere 

with maintenance of the national 

ambient air quality standards. 

Therefore, we are proposing to approve 

the request by Ecology and ORCAA to 

remove this provision from the SIP. 

DATES: Comments must be received on 

or before November 25, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2024–0430 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–0256, or hunt.jeff@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background for Proposed Action 

A. Review of Attainment and Maintenance 

Plan Control Requirements 

B. Review of Particulate Matter Monitoring 

Data 

II. The EPA’s Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background for Proposed Action 

A. Review of Attainment and 

Maintenance Plan Control Requirements 

On August 7, 1987, the EPA identified 

a portion of Thurston County as a 

‘‘Group I’’ area of concern due to 

measured violations of the then-newly 

promulgated 24-hour national ambient 

air quality standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

10 micrometers, referred to as PM10 (52 

FR 29383). The Thurston County PM10

area consists of the adjoining cities of 

Olympia, Lacey, and Tumwater, 

Washington. Geographically, the area is 

characterized by low rolling terrain with 

hills rising higher toward its southern 

and western boundaries. The 

surrounding hills trap pollutants during 

certain meteorological conditions 

occurring in the late fall and winter, 

called inversions, that create a shallow, 

stagnant layer of air near ground level. 

Studies at the time showed that 

woodsmoke from residential home 

heating contributed 80–95% of ambient 

PM10 concentrations on the high 

pollution days of concern. In response 

to this problem in Thurston County and 

other areas in the State, the Washington 

Legislature adopted a comprehensive, 

statewide residential wood heating 

control program in 1987. Ecology 

promulgated regulations to implement 

the program under Washington 

Administrative Code (WAC) 173–433 

Solid Fuel Burning Device Standards, 

establishing a curtailment program 

regulating fireplace and woodstove 

usage on high PM10 concentration days, 

as well as other requirements related to 

residential wood heating. This set of 

regulations, and ORCAA’s 

implementation and enforcement of the 

regulations, formed the control 

measures relied upon in the attainment 

plan submitted in February 1989. 

On November 15, 1990, the Clean Air 

Act (CAA) Amendments under section 

107(d)(4)(B), designated the Thurston 

County Group I area as nonattainment 

for PM10 by operation of law. To address 

the additional moderate area 

requirements imposed by the 1990 CAA 

Amendments, Ecology submitted a 

supplement to the attainment plan in 

November 1991. However, the 1991 

supplement to the attainment plan did 

not alter the primary focus on 

residential wood heating. The EPA took 

final action to approve the entire plan 

on July 27, 1993 (58 FR 40056). 

Importantly, in our final action, we 

clarified that the open burning ban for 

the area, which includes the smaller 

subset of recreational fires, was not 

submitted for approval and was not 

relied upon to demonstrate attainment 

of the PM10 NAAQS. 

The implementation of WAC 173–433 

rapidly brought the area into attainment 

by 1991. As PM10 levels in the area 

steadily declined, the EPA redesignated 

the Thurston County nonattainment 

area to a maintenance area on October 

4, 2000 (65 FR 59128). In addition to 

approving Ecology’s redesignation 

request for the area, the EPA also 

approved a maintenance plan. The 

maintenance plan reaffirmed that the 

residential wood heating program was 

responsible for the permanent and 

enforceable reductions and would 

ensure continued compliance with the 

PM10 NAAQS for ten years, without any 

changes to the control measures already 

in place. 

On July 1, 2013, Ecology and ORCAA 

submitted a limited maintenance plan to 

fulfill the second 10-year planning 

requirement of Clean Air Act section 

175A(b) to ensure compliance through 

2020. A limited maintenance plan is 

used when monitored PM10

concentrations are very low relative to 

the NAAQS, and the suite of control 

measures that brought the area into 

attainment remain in place. In this case, 

the EPA promulgated a new 24-hour 

NAAQS for particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 2.5 micrometers, referred 

to as PM2.5 (62 FR 38652, July 18, 1997). 

The EPA subsequently revised the 24- 

hour PM2.5 NAAQS to 35 micrograms 

per cubic meter (mg/m3), while leaving 

the 24-hour PM10 NAAQS unchanged at 

150 mg/m3. Ecology and ORCAA 

submitted a demonstration as part of the 

2013 limited maintenance plan to show 

that converting the existing residential 

wood heating program from a focus on 

PM10 to the new PM2.5 standard would 

continue to protect the PM10 NAAQS. 

The agencies provided an analysis of 

PM10 and PM2.5 data collected by 

collocated Federal reference monitors at 

the Thurston County monitoring site, 

finding that in the critical winter 

season, the majority of PM10 was PM2.5. 

The statistical relationship between the 

two PM parameters indicated that PM2.5

levels would need to exceed 139 mg/m3

before the PM10 NAAQS was exceeded. 

Therefore, the State determined that 

conversion of the residential wood 

heating program from a focus on the 

PM10 NAAQS to the PM2.5 NAAQS 

would increase the stringency and 

effectiveness of the program. In 

conjunction with this demonstration, 

Ecology and ORCAA submitted revised 

State and local regulations to reflect the 

update to the PM2.5 NAAQS and wood 

burning, generally. It was during this 

update that Ecology and ORCAA 

inadvertently submitted ORCAA 

regulation 6.2.7(c) banning recreational 

fires in the area, which was not a 

control measure contained or relied 

upon in the attainment or maintenance 

plans. On October 3, 2013, EPA 

approved ORCAA regulation 6.2.7(c) 

into the ORCAA portion of the 


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84844 Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Proposed Rules 

1As part of the 2013 limited maintenance plan, 

the EPA approved use of PM2.5 monitoring data as 

a surrogate for PM10. Thurston County does not 

experience significant windblown dust events like 

some eastern Washington maintenance areas, 

therefore the statistical relationship between PM2.5

and PM10 can be relied upon with a high degree of 

confidence in the Thurston area. 

Washington SIP as part of EPA’s 

approval of the area’s second 10-year 

PM10 limited maintenance plan (78 FR 

61188). 

B. Review of Particulate Matter 

Monitoring Data 

In addition to providing a historical 

analysis that ORCAA regulation 6.2.7(c) 

was not relied upon as part of the 1989 

and 1991 attainment plans or the 1999 

maintenance plan, ORCAA provided an 

analysis of particulate matter 

monitoring data to show that removing 

the ban on recreational fires is highly 

unlikely to affect compliance with the 

PM10 or PM2.5 NAAQS in any 

meaningful way.1 A graph of maximum 

summer and winter concentrations in 

Thurston County, calculated with the 

EPA’s assistance and included in docket 

for this action, shows two important 

trends. The first trend is that, 

historically, winter concentrations are 

well above summer concentrations as 

the season of concern. As noted by 

ORCAA in the agency’s demonstration, 

‘‘if we consider the usual backyard 

social event with a BBQ and people 

getting together and perhaps in the 

evening sitting around a fire, those 

generally happen in the warmer months 

of the year which are opposite of the 

wood stove season use.’’ 

Even if one does not accept that 

assumption, the second trend shows the 

diminishing PM10 concentrations in the 

winter season, both in terms of 

maximum and mean PM10

concentrations. The EPA attributes this 

to two factors. The first is the 

conversion of the residential wood 

heating program to the more stringent 

24-hour PM2.5 NAAQS enshrined in the 

Ecology and ORCAA regulations and 

submitted as part of the 2013 limited 

maintenance plan, which led to the 

implementation of more stringent 

thresholds for when wood stove use is 

curtailed due to air quality conditions. 

The second factor is the Ecology grant 

program administered by ORCAA which 

replaced uncertified wood burning 

devices with certified devices and nonemitting devices such as heat pumps. 

The EPA proposes to determine that 

this significant decline in particulate 

matter emissions over the years almost 

certainly offsets any potential emissions 

growth from allowing small, 

recreational fires. Both graphs provided 

by ORCAA shows declining PM10

concentrations, especially during the 

winter months when concentrations 

tend to be highest. The first graph 

representing ‘‘max’’ concentrations 

indicates that recent levels are 

consistently less than a third of the 150 

mg/m3 PM10 NAAQS. Additionally, the 

second graph representing ‘‘average’’ 

conditions indicates that the mean 

concentrations for both summer and 

winter are approximately 10 mg/m3, less 

than a tenth of the 150 mg/m3 PM10

NAAQS. Given these extremely low 

concentrations, the EPA proposes to 

find that it is highly unlikely that 

potential emissions growth from 

removing the ban on recreational fires 

could imperil compliance with the 

NAAQS. Even if one were to take that 

worst case scenario, the EPA notes that 

ORCAA Rule 6.2.6 Curtailment remains 

in the approved SIP and bans any form 

of outdoor burning, including 

recreational fires, on high concentration 

days when a burn ban has been declared 

by ORCAA. 

II. The EPA’s Proposed Action 

The EPA is proposing to approve 

ORCAA regulation 6.2.7, State effective 

March 6, 2023, and incorporate it by 

reference into the Washington SIP at 40 

CFR 52.2470(c)—Table 6—Additional 

Regulations Approved for the Olympic 

Region Clean Air Agency (ORCAA) 

Jurisdiction. The effect of this action 

would be to repeal paragraph (c) of 

ORCAA regulation 6.2.7 which 

historically banned recreational fires 

within the city limits of Lacey, Olympia, 

and Tumwater, and unincorporated 

areas of Thurston County lying within 

or between the municipal boundaries of 

these cities. Based on the demonstration 

provided by Ecology and ORCAA, we 

propose to find that the revision will not 

interfere with attainment of the national 

ambient air quality standards or other 

applicable requirements of the Clean Air 

Act. 

III. Incorporation by Reference 

In this document, the EPA is 

proposing to include in a final rule 

regulatory text that includes the 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference ORCAA 

regulation 6.2.7, State effective March 6, 

2023, as described in section II of this 

preamble. The EPA has made, and will 

continue to make, these documents 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, the EPA’s 

role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rulemaking does not 

have Tribal implications and will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 


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1See e.g., Autonomous Track Geometry 

Measurement Technology Design, Development, 

and Testing (2018), available at https://downloads.

regulations.gov/FRA-2020-0013-0003/attachment_

5.pdf; Evaluation of the Federal Railroad 

Administration’s Autonomous Track Geometry 

Measurement System Research and Development 

Program (2016), available at https://railroads.dot.

gov/sites/fra.dot.gov/files/fra_net/17086/ATGMS%

20final%20report_final.pdf; FRA Autonomous 

Track Geometry Measurement System Technology 

Development—Past, Present, and Future (2014), 

available at https://downloads.regulations.gov/ 

FRA-2020-0013-0003/attachment_1.pdf; 

Development and Use of FRA Autonomous Track 

Geometry Measurement System Technology (2014), 

available at https://downloads.regulations.gov/ 

FRA-2020-0013-0003/attachment_3.pdf; 

Development of Autonomous Track Geometry 

Measurement Systems for Overall Track 

Assessment (2011), available at https://downloads.

regulations.gov/FRA-2020-0013-0003/attachment_

4.pdf; Autonomous Track Inspection Systems— 

Today and Tomorrow (2009), available at https:// 

Continued 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. The EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ The EPA further defines the 

term fair treatment to mean that ‘‘no 

group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The Olympic Region Clean Air 

Agency did not evaluate environmental 

justice considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

The EPA did not perform an EJ analysis 

and did not consider EJ in this action. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral impact on the air quality 

of the affected area. Consideration of EJ 

is not required as part of this action, and 

there is no information in the record 

inconsistent with the stated goal of 

Executive Order 12898 of achieving 

environmental justice for communities 

with EJ concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 18, 2024. 

Casey Sixkiller, 

Regional Administrator, Region 10. 

[FR Doc. 2024–24714 Filed 10–23–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 213 

[Docket No. FRA–2024–0032] 

RIN 2130–AC96 

Track Geometry Measurement System 

(TGMS) Inspections 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FRA is proposing to revise its 

regulations governing the minimum 

safety requirements for railroad track. 

The proposed changes would require all 

Class I and II railroads, as well as 

intercity passenger railroads and 

commuter railroads, to operate a 

qualifying Track Geometry 

Measurement System (TGMS), a type of 

automated track inspection (ATI) 

technology, at specified frequencies on 

all Class 1 through 5 mainline and 

controlled siding track that transports: 

annual tonnage greater than 10 million 

gross tons (MGT); regularly scheduled 

passenger rail service; or trains 

containing hazardous materials. FRA 

also proposes increasing the required 

frequency of TGMS inspections on Class 

6 track. 

DATES: Written comments must be 

received by December 23, 2024. 

Comments received after that date will 

be considered to the extent possible 

without incurring additional expense or 

delay. 

ADDRESSES: 

Comments: Comments related to 

Docket No. FRA–2024–0032 may be 

submitted by going to https://www.

regulations.gov and following the online 

instructions for submitting comments. 

Instructions: All submissions must 

include the agency name, docket 

number (FRA–2024–0032), and 

Regulatory Identification Number (RIN) 

for this rulemaking (2130–AC96). All 

comments received will be posted 

without change to http://www.

regulations.gov; this includes any 

personal information. Please see the 

Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: 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: YuJiang Zhang, Staff Director, Track and 

Structures Division, Office of Railroad 

Safety, Federal Railroad Administration, 

1200 New Jersey Avenue SE, W33–302, 

Washington, DC 20590, telephone: 202– 

493–6460; or Aaron Moore, Senior 

Attorney, Office of the Chief Counsel, 

Federal Railroad Administration, 1200 

New Jersey Avenue SE, W31–216, 

Washington, DC 20590, telephone: 202– 

853–4784. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Legal Authority 

III. Background 

IV. Section-by-Section Analysis 

V. Regulatory Impact and Notices 

A. Executive Order 12866 as Amended by 

Executive Order 14094 

B. Regulatory Flexibility Act and Executive 

Order 13272 

C. Paperwork Reduction Act 

D. Federalism Implications 

E. International Trade Impact Assessment 

F. Environmental Impact 

G. Executive Order 12898 (Environmental 

Justice) 

H. Unfunded Mandates Reform Act of 1995 

I. Energy Impact 

J. Privacy Act Statement 

K. Executive Order 13175 (Tribal 

Consultation) 

L. Rulemaking Summary, 5 U.S.C. 

553(b)(4) 

I. Executive Summary 

Purpose of the Regulatory Action 

ATI technologies have been evolving 

since the 1970s and FRA has been 

researching ATI technology, including 

TGMS, for many years. This effort has 

included multiple FRA-authored or 

sponsored technical reports,1 as well as 


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