Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15137 

evidence satisfactory to Escrow Agent of the 

Commission’s acceptance has not been 

presented to Escrow Agent, then Escrow 

Agent shall request from Customer a list of 

passenger names, addresses, deposit/fare 

amounts and other information needed to 

make refunds. On receipt of such list, Escrow 

Agent shall return all passage fares held in 

the Escrow Account as of the date of 

termination specified in the notice to the 

passengers, excepting only amounts 

Customer is entitled to receive pursuant to 

the terms of this Agreement for cruises 

completed through the termination date 

specified in the notice, and all interest which 

shall be paid to Customer. Upon termination, 

Customer shall pay all costs and fees 

previously earned or incurred by Escrow 

Agent through the termination date. 

19. Neither Customer nor Escrow Agent 

shall have the right to sell, pledge, 

hypothecate, assign, transfer or encumber 

funds or assets in the Escrow Account except 

in accordance with the terms of this 

Agreement. 

20. This Agreement is for the benefit of the 

parties hereto and, accordingly, each and 

every provision hereof shall be enforceable 

by any or each or both of them. Additionally, 

this Agreement shall be enforceable by the 

Commission. However, this Agreement shall 

not be enforceable by any other party, person 

or entity whatsoever. 

21. (a) No amendments, modifications or 

other change in the terms of this Agreement 

shall be effective for any purpose whatsoever 

unless agreed upon in writing by Escrow 

Agent and Customer and approved in writing 

by the Commission. 

(b) No party hereto may assign its rights or 

obligations hereunder without the prior 

written consent of the other, and unless 

approved in writing by the Commission. The 

merger of Customer with another entity or 

the transfer of a controlling interest in the 

stock of Customer shall constitute an 

assignment hereunder for which prior 

written approval of the Commission is 

required, which approval shall not be 

unreasonably withheld. 

22. The foregoing provisions shall be 

binding upon undersigned, their assigns, 

successors and personal representative. 

23. The Commission shall have the right to 

inspect the books and records of the Escrow 

Agent and those of Customer as related to the 

Escrow Account. In addition, the 

Commission shall have the right to seek 

copies of annual audited financial statements 

and other financial related information. 

24. All investments, securities and assets 

maintained under the Escrow Agreement will 

be physically located in the United States. 

25. Notices relating to this Agreement shall 

be sent to Customer at (address) and to 

Escrow Agent at (address) or to such other 

address as any party hereto may hereafter 

designate in writing. Any communication 

sent to the Commission or its successor 

organization shall be sent to the following 

address: Bureau of Certification and 

Licensing, Federal Maritime Commission, 

800 North Capitol NW, Washington, DC 

20573–0001. 

26. This agreement may be executed in any 

number of counterparts, each of which shall 

be deemed to be an original and all of which 

when taken together shall constitute one and 

the same instrument. 

27. This Agreement is made and delivered 

in, and shall be construed in accordance with 

the laws of the State of llllwithout 

regard to the choice of law rules. 

IN WITNESS WHEREOF, the undersigned 

have each caused this Agreement to be 

executed on their behalf as of the date first 

above written. 

By: lllllllllllllllllll

Title: llllllllllllllllll

By: lllllllllllllllllll

Title: llllllllllllllllll

EXHIBIT A 

ESCROW AGREEMENT, dated llllby 

and between (Customer) and (Escrow Agent). 

Passenger Vessels Owned or Chartered 

ANNEX 1 

RECOMPUTATION CERTIFICATE 

To: Federal Maritime Commission 

And To: (‘‘Bank’’) 

The undersigned, the Controller of 

llllhereby furnishes this Recomputation 

Certificate pursuant to the terms of the 

Escrow Agreement dated , between the 

Customer and (‘‘Bank’’). Terms herein shall 

have the same definitions as those in such 

Escrow Agreement and Federal Maritime 

Commission regulations. 

I. Unearned Passenger Revenue as of 

(‘‘Date’’) was: $ llll

a. Additions to unearned Passenger 

Revenue since such date were: 

1. Passenger Receipts: $ lllllllll

2. Other (Specify) $ lllllllllll

3. Total Additions: $ lllllllllll

b. Reductions in Unearned Passenger 

Revenue since such date were: 

1. Completed Cruises: $ lllllllll

2. Refunds and Cancellations: $ llllll

3. Other (Specify) $ lllllllllll

4. Total Reductions: $ llllllllll

II. Unearned Passenger Revenue as of the 

date of this Recomputation Certificate is: 

$ llll 

a. Excess Escrow Amount $ llllllll

III. Plus the Required Fixed Amount: 

$ llll

IV. Total Required in Escrow: $ llll

V. Current Balance in Escrow Account: 

$ llll

VI. Amount to be Deposited in Escrow 

Account: $ llll

VII. Amount of Escrow Account available 

to Operator: $ llll

VIII. I declare under penalty of perjury that 

the above information is true and correct. 

Dated: lllllllllllllllll

(Signature) lllllllllllllll

Name: llllll

Title: llllll

(Signature) lllllllllllllll

Name: llllll

Title: llllll

By the Commission. 

William Cody, 

Secretary. 

[FR Doc. 2022–05568 Filed 3–16–22; 8:45 am] 

BILLING CODE 6730–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 214 

[Docket No. FRA–2019–0074] 

RIN 2130–AC78 

Railroad Workplace Safety 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FRA is revising its regulations 

governing railroad workplace safety to: 

Allow for the use of alternative 

cybersecurity standards for electronic 

display systems used to view track 

authority information for roadway 

worker safety, and exempt certain 

remotely operated roadway 

maintenance machines from existing 

heating, ventilation, and air 

conditioning (HVAC) requirements for 

enclosed cabs. 

DATES: This final rule is effective March 

17, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Lance Hawks, Track Specialist, Office of 

Railroad Safety, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

telephone: 678–633–7400, email: 

Lance.Hawks@dot.gov; or Sam Gilbert, 

Attorney Adviser, Office of Chief 

Counsel, Federal Railroad 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

telephone: 202–493–0270, email: 

Samuel.Gilbert@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

To ensure that regulations remain 

current and effective for their intended 

purpose, agencies periodically review 

and propose amendments to their 

regulations. Within this context, FRA 

reviewed its 49 CFR part 214–Railroad 

Workplace Safety regulations. As a 

result of this review, on December 11, 

2020, FRA published a notice of 

proposed rulemaking (NPRM) proposing 

two amendments to subparts C and D of 

part 214 addressing Roadway Worker 

Protection and On-Track Roadway 

Maintenance Machines and Hi-Rail 

Vehicles, respectively. 85 FR 79973. 


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1The final rule adopts the amendments exactly as 

proposed in the NPRM, with the single exception 

of the term ‘‘drone’’ being replaced with the phrase 

‘‘remotely operated’’ in the amendment to 

§ 214.505, for increased clarity, as explained below. 

2The present value of costs and paperwork 

reduction benefits flows are calculated in this 

analysis (over a 10-year period) to provide a way 

of converting future amounts into equivalent dollars 

today. The formula used to calculate these flows is: 

1/(1 + r)¥t, where ‘‘r’’ is the discount rate, and ‘‘t’’ 

is the year. Discount rates of 3 and 7 percent are 

used in this analysis. 

First, FRA proposed to revise § 214.322 

(Exclusive track occupancy, electronic 

display) to allow the use of alternative 

cybersecurity standards for electronic 

display systems used to view track 

authority information. Second, FRA 

proposed to revise § 214.505 (Required 

environmental control and protection 

systems for new on-track roadway 

maintenance machines with enclosed 

cabs) to exempt certain remotely 

operated maintenance machines from 

existing HVAC requirements. 

FRA believes these provisions provide 

flexibility to allow for the incorporation 

of new and future technological 

advances that may further improve 

safety. FRA received two comments, 

both supporting the NPRM’s proposals. 

Accordingly, in this final rule, FRA is 

adopting the NPRM’s proposed 

amendments to part 214 as proposed.1

Given that this final rule will relieve 

current regulatory restrictions, in 

accordance with 5 U.S.C. 553(d)(1), it is 

effective upon its publication in the 

Federal Register. 

FRA estimates that railroads would 

experience approximately $5,900 in 

paperwork reduction benefits over the 

ten-year period of this analysis. The 

present value (PV) 2 of these paperwork 

reduction benefits, when discounted at 

3- and 7-percent, is approximately 

$5,000 and $4,100, respectively. The 

annualized paperwork reduction 

benefits are estimated to be 

approximately $590 at both discount 

rates. The table below presents the 

estimated 10-year total paperwork 

reduction benefits associated with the 

final rule. 

TABLE I–1—TOTAL 10-YEAR PAPERWORK REDUCTION BENEFITS

[2020 Dollars] 

Present value 

3% 

Present value 

7% 

Annualized 

3% 

Annualized 

7% 

Total Paperwork Reduction Benefits ............................................................... $5,207 $4,272 $610 $608 

Because this final rule provides 

railroads the flexibility to utilize 

alternative cybersecurity standards for 

electronic display systems at their 

discretion, and codifies an existing 

waiver, FRA concludes that there are no 

associated costs. 

II. Discussion of Comments 

As noted above, FRA received two 

comments in response to the NPRM, 

both supportive of the NPRM’s 

proposals. 

The Association of American 

Railroads and the American Short Line 

and Regional Railroad Association 

jointly filed a comment concurring with 

both NPRM proposals. Regarding FRA’s 

proposal to revise § 214.322, the joint 

comment stated: ‘‘Standards 

incorporated by reference pose 

challenges both for railroads and 

regulators alike as they often quickly 

become outdated. FRA’s approach [in 

the NPRM] does not substantively 

change the electronic authentication 

technology that can be used by railroads 

and avoids the need for unnecessary 

waivers from obsolete standards.’’ 

The second comment, from a member 

of the public, expressed support for the 

NPRM’s proposals, noting that the 

proposals would allow for the 

utilization of new technology and 

improve safety. 

III. Background and Overview of the 

Final Rule 

Exclusive Track Occupancy Track 

Authority Electronic Display Systems 

As explained in the NPRM, when a 

roadway worker or work group 

establishes exclusive track occupancy 

working limits, and an electronic 

display device is used to view track 

authority information for that worker or 

work group, § 214.322(h) requires the 

device to provide ‘‘Level 3 assurance’’ 

as defined by the security standards of 

the National Institute of Standards and 

Technology (NIST) Special Publication 

800–63–2, Electronic Authentication 

Guideline, ‘‘Computer Security,’’ 

August 2013 (2013 Standard). ‘‘Level 3 

assurance’’ means the display devices 

must provide multi-factor remote 

network authentication (for example, a 

password or a biometric factor, such as 

a fingerprint, used in combination with 

a software or hardware token). 

As also noted in the NPRM, since 

adoption of § 214.322(h), NIST has 

updated its computer security standards 

several times. See 85 FR 79975 

(identifying updates to the 2013 

Standard). Further, FRA recognizes that 

as cybersecurity standards continue to 

change over time, other standards may 

also provide multi-factor authentication. 

Accordingly, FRA proposed to provide 

additional flexibility for meeting the 

electronic authentication requirements 

of § 214.322(h) by adding a new 

paragraph (i) to the section. As proposed 

and adopted in this final rule, new 

paragraph (i) provides that paragraph 

(h)’s requirements may be satisfied so 

long as an electronic display system 

uses multi-factor authentication. 

Remotely Operated Machine Waiver 

Incorporation 

As discussed in detail in the NPRM, 

FRA may waive compliance with its 

regulations if the waiver is ‘‘in the 

public interest and consistent with 

railroad safety.’’ 49 U.S.C. 20103(d); see 

also 49 CFR 1.89(a). As also noted in the 

NPRM, activity under a waiver of 

regulatory compliance may generate 

sufficient data and experience to 

support an expansion of its scope, 

applicability, and duration. 

As also explained in the NPRM, in 

2008, FRA granted a waiver from the 

environmental control requirements of 

§ 214.505(a) (such as heating, air 

conditioning, and ventilation systems) 

to Harsco Track Technologies, a railroad 

equipment manufacturer for a newly 

developed roadway maintenance 

machine (RMM) designed to function 

without a dedicated operator located on 

the machine. See FRA–2008–0070 

(available at www.regulations.gov). 

Railroads have safely operated 

equipment subject to this waiver since 

2008 and the waiver has been 

continually renewed. Accordingly, in 

this final rule, FRA is adopting the 

NPRM’s proposal to incorporate the 

provisions of this waiver into regulation 

in new paragraph (i) of § 214.505. 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15139 

IV. Section-by-Section Analysis 

Section 214.322 Exclusive Track 

Occupancy, Electronic Display 

As discussed above and in more detail 

in the NPRM, this final rule adds a new 

paragraph (i) to § 214.322. New 

paragraph (i) allows the use of 

alternative electronic security standards 

that provide multi-factor authentication, 

other than the currently required 2013 

NIST Standard. With this flexibility to 

use alternative standards, FRA expects 

industry may be able to use new 

methods of electronic authentication 

that are more secure than those 

described by the 2013 Standard; more 

secure authentication methods in turn 

would make it more difficult for any 

malicious actors to access track 

authority information, and thus more 

difficult to interfere with roadway work. 

FRA therefore believes this amendment 

in particular could lead to increased 

safety for roadway workers. 

Because FRA is adopting the 

proposed amendment to § 214.322 

exactly as proposed in the NPRM, FRA 

refers readers to the section-by-section 

discussion in the NPRM for a more 

detailed discussion of this revision. 

Section 214.505 Required 

Environmental Control and Protection 

Systems for New On-Track Roadway 

Maintenance Machines With Enclosed 

Cabs 

As discussed above and in more detail 

in the NPRM, this final rule adds a new 

paragraph (i) to § 214.505. New 

paragraph (i) exempts certain remotely 

operated RMMs from existing HVAC 

requirements. 

The substance of the amendment 

adopted in the final rule is the same as 

that proposed in the NPRM; however, 

FRA has decided to use the term 

‘‘remotely operated’’ instead of ‘‘drone’’ 

when describing the RMMs at issue, to 

avoid confusion with the usage of the 

term ‘‘drone’’ in other contexts. Because 

FRA is otherwise adopting the proposed 

amendment to § 214.505 exactly as 

proposed in the NPRM, FRA refers 

readers to the section-by-section 

discussion in the NPRM for a more 

detailed discussion of this revision. 

V. Regulatory Impact and Notices 

Executive Order 12866 

FRA has analyzed this final rule in 

accordance with Section 3(f) of 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and determined 

that it is not a significant rule. 

FRA is revising its regulations 

governing the minimum safety 

requirements for railroad workplace 

safety. These changes amend part 214 to 

permit the use of alternative security 

standards for electronic display systems 

used to view track authority information 

in § 214.322, and, consistent with an 

existing waiver, exempt certain 

remotely operated RMMs from 

environmental control requirements in 

§ 214.505(a), which include heating, air 

conditioning, and ventilation systems. 

Costs 

Electronic Display Systems 

Section 214.322(h) requires that 

electronic display systems used to view 

track authority information meet the 

security standards defined by NIST 

Special Publication 800–63–2, 

Electronic Authentication Guideline, 

‘‘Computer Security,’’ August 2013. 

FRA is allowing electronic display 

systems subject to § 214.322 to use 

alternative standards for electronic 

authentication, provided those systems 

require stringent identity proofing 

through multi-factor authentication. 

FRA expects no additional costs for this 

requirement as it is simply adding 

flexibility. 

HVAC Waiver Incorporation 

As discussed above, in 2008, FRA 

approved Harsco’s waiver petition for a 

five-year period with conditions and has 

since continually renewed the waiver. 

FRA expects no additional costs for this 

requirement because FRA is codifying a 

long-standing waiver. 

Benefits 

The final rule will be beneficial for 

regulated entities seeking to use 

electronic display systems that meet 

alternative cybersecurity standards for 

electronic authentication and provide a 

comparable or better level of identity 

proofing and digital authentication as 

that required by the 2013 NIST 

Standard. The final rule will also reduce 

the paperwork burden on regulated 

entities by providing relief from 

submitting waivers to FRA for the use 

of certain roadway maintenance 

machines. 

FRA has estimated that paperwork 

reduction benefits of this final rule will 

result due to waiver codification, as the 

final rule will reduce the need for 

industry to submit waivers. These 

estimates assume that, without the final 

regulation, Harsco Track Technologies 

will continue submitting a petition to 

extend the waiver every five years. The 

last renewal was approved in 2018. To 

date, Harsco has been the sole entity 

requesting this waiver from FRA, and 

FRA does not expect any other entities 

to apply for similar waivers over the 

period of analysis. 

FRA assumes that the cost for Harsco 

to prepare and submit each waiver 

would be approximately the same as it 

is for FRA to process it. To calculate the 

paperwork reduction benefits associated 

with this waiver, FRA estimated the 

labor hours required for FRA to review 

and approve each waiver. Table V–1 

below displays the breakdown of the 

waiver review and submission cost for 

each waiver. 

TABLE V–1—WAIVER SUBMISSION COSTS

Title Pay grade Wage rate 

Burdened 

wage rate 

(wages × 1.75) 

Hours Total wages 

FRA Field Inspector ............................................................. GS–12 $46.88 $82.04 8 $656.32 

Administrative Assistant (Field Office) ................................. GS–12 46.88 82.04 4 328.16 

Administrative Assistant (DC) .............................................. GS–9 32.33 56.58 4 226.32 

Motive Power and Equipment Specialist (DC) .................... GS–14 65.88 115.29 16 1,844.64 

Total FRA Labor Cost per Renewal Waiver ................. ........................ ........................ ........................ ........................ 3,055.44 

For purposes of estimating waiver 

costs for this analysis, FRA estimates 

the associated renewals that would 

occur over the next 10 years. Table V– 

2 shows the total paperwork reduction 

benefits for regulated entities to review 

and submit waivers to FRA. 


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15140 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 

TABLE V–2—WAIVER SUBMISSIONS PAPERWORK REDUCTION BENEFITS

[2020] 

Analysis year Number of 

waivers 

Paperwork reduction benefits 

(undiscounted) 

Paperwork reduction benefits 

(discounted 3%) 

Paperwork reduction benefits 

(discounted 7%) 

1 ........................ ................................................ ................................................ ................................................ ................................................

2 ........................ ................................................ ................................................ ................................................ ................................................

3 ........................ 1 3,055 2,796 2,494 

4 ........................ ................................................ ................................................ ................................................ ................................................

5 ........................ ................................................ ................................................ ................................................ ................................................

6 ........................ ................................................ ................................................ ................................................ ................................................

7 ........................ ................................................ ................................................ ................................................ ................................................

8 ........................ 1 3,055 2,412 1,778 

9 ........................ ................................................ ................................................ ................................................ ................................................

10 ...................... ................................................ ................................................ ................................................ ................................................

Total .......... ................................................ 6,110 5,207 4,272 

Alternatives 

The final rule provides relief to 

regulated entities by allowing the use of 

alternative standards for electronic 

display systems to comply with 

§ 214.322(h) and by not having to 

submit waivers to FRA. An alternative 

to the final rule would be to maintain 

the status quo. 

If FRA does not modify § 214.322, 

entities will continue to use the 2013 

NIST Standard as the standard for 

securing and transmitting data for 

electronic display systems. Although 

this standard is safe, FRA recognizes 

that updated standards after the 2013 

NIST Standard could allow the industry 

to adopt newly developed technologies 

and methods of data transmission that 

are still compliant with § 214.322(h) 

while providing comparable, or better, 

levels of security. 

FRA views the remotely operated 

RMMs subject to the existing waiver as 

an example of using emerging modern 

technology to make railroad roadway 

maintenance safer and more efficient. 

FRA has verified that waivers allowing 

remotely operated RMMs do not 

negatively impact safety because FRA 

has not seen an adverse impact to safety 

while railroads have been operating 

under this waiver. Therefore, issuing 

this final rule removes unnecessary 

paperwork burdens arising from 

avoiding petitioning for and processing 

waivers. 

Results 

FRA has estimated the paperwork 

reduction benefits of this final rule and 

displayed them in the table below. 

TABLE V–3—TOTAL 10-YEAR PAPERWORK REDUCTION BENEFITS

[2020 Dollars] 

Present value 

3% 

Present value 

7% 

Annualized 

3% 

Annualized 

7% 

Total Paperwork Reduction Benefits ....................................... $5,207 $4,272 $610 $608 

As noted in the table above, FRA 

estimates the total paperwork reduction 

benefits for this final rule to be 

approximately $5,000 (PV, 3-percent) 

and $4,100 (PV, 7-percent). The 

annualized paperwork reduction 

benefits are estimated to be 

approximately $590 (PV, 3-percent) and 

$590 (PV, 7-percent). 

Regulatory Flexibility Act 

When an agency issues a rulemaking 

proposal, the Regulatory Flexibility Act 

requires the agency to ‘‘prepare and 

make available for public comment an 

initial regulatory flexibility analysis’’ 

which will ‘‘describe the impact of the 

proposed rule on small entities.’’ 5 

U.S.C. 603(a). Section 605 of the RFA 

allows an agency to certify a rule, in lieu 

of preparing an analysis, if the 

rulemaking is not expected to have a 

significant economic impact on a 

substantial number of small entities. 

FRA certified this rule in the proposed 

stage. FRA requested comments 

regarding the certification and received 

no comments. 

This final rule directly affects all 

railroads, of which there are 

approximately 746 on the general 

system, and FRA estimates that 

approximately 93 percent of these 

railroads are small entities. Therefore, 

FRA has determined that this final rule 

will have an impact on a substantial 

number of small entities. 

However, FRA has determined that 

the impact on entities affected by the 

final rule will not be significant. The 

effect of the final rule will be to allow 

railroads the flexibility to choose the 

optimal electronic display equipment 

currently in the market, with the 

required level of security, without 

having to notify or seek approval from 

FRA. Further, equipment manufacturers 

will no longer need to seek FRA 

approval to forego HVAC systems on a 

remotely operated piece of equipment, 

consistent with the established safety of 

a longstanding waiver. FRA expects the 

impact of the final rule will be a 

reduction in the paperwork burden for 

railroads and manufacturers, as well as 

future benefits from allowing 

continually advancing security 

standards to be incorporated without a 

regulatory change. FRA asserts that the 

economic impact of the reduction in 

paperwork, if any, will be minimal and 

entirely beneficial to small railroads. 

Accordingly, the FRA Administrator 

hereby certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

Paperwork Reduction Act 

FRA is submitting the information 

collection requirements in this final rule 

to the Office of Management and Budget 

(OMB) for approval under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq. The sections that 


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Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15141 

contain the final and current 

information collection requirements and 

the estimated time to fulfill each 

requirement are as follows: 

CFR section subject Respondent 

universe 

Total annual 

responses 

Average time 

per response 

Total annual 

burden hours 

Total annual 

dollar cost 

equivalent 3

Form FRA F 6180.119—Part 214 Railroad Workplace Safety Violation Report.350 Safety Inspectors .................... 129 forms ........... 4 hours ............... 516 29,412 

214.307—Railroad on-track safety programs—RR 

programs that comply with this part + copies at 

system/division headquarters.

746 railroads .................................. 276 programs + 

325 copies.

2 hours + 2 minutes.563 42,788 

—RR notification to FRA not less than one month before on-track safety program takes effect.746 railroads .................................. 276 notices ......... 20 minutes ......... 92 6,992 

—RR amended on-track safety programs after FRA 

disapproval.

746 railroads .................................. 1 program ........... 4 hours ............... 4 304 

—RR written response in support of disapproved program.746 railroads .................................. 1 written response.20 hours ............. 20 1,520 

214.309—RR publication of bulletins/notices reflecting changes in on-track safety manual.60 railroads .................................... 100 bulletins/notices.60 minutes ......... 100 7,600 

214.311—RR written procedure to achieve prompt 

and equitable resolution of good faith employee 

challenges.

19 railroads .................................... 5 developed procedures.2 hours ............... 10 760 

214.317—On-track safety procedures, generally, for 

snow removal, weed spray equipment, tunnel 

niche or clearing by.

19 railroads .................................... 5 operating procedures.2 hours ............... 10 760 

214.318—Procedures established by railroads for 

workers to perform duties incidental to those of inspecting, testing, servicing, or repairing rolling 

equipment.

746 railroads .................................. 19 rules/procedures.2 hours ............... 38 2,888 

214.320—Roadway maintenance machines movement over signalized non-controlled track—RR request to FRA for equivalent level of protection to 

that provided by limiting all train and locomotive 

movements to restricted speed.

746 railroads .................................. 5 requests .......... 4 hours ............... 20 1,520 

214.322—Exclusive track occupancy, electronic display—Written authorities/printed authority copy if 

electronic display fails or malfunctions.

3 Class I Railroads ........................ 1,000 written authorities.10 minutes ......... 167 9,519 

214.329—Train approach warning ..............................

– Written designation of watchmen/lookouts ..............

746 railroads .................................. 26,250 designations.30 seconds ........ 219 16,644 

214.336—Procedures for adjacent track movements 

over 25 mph: notifications/watchmen/lookout warnings.

100 railroads .................................. 10,000 notices .... 5 seconds .......... 14 798 

—Procedures for adjacent track movements 25 mph 

or less: notifications/watchmen/lookout warnings.

100 railroads .................................. 3,000 notices ...... 5 seconds .......... 4 228 

214.339—Audible warning from trains: written procedures that prescribe effective requirements for audible warning by horn and/or bells for trains.19 railroads .................................... 19 written procedures.4 hours ............... 76 5,776 

214.343/345/347/349/351/353/355—Annual training 

for all roadway workers (RWs)—Records of training.

50,000 roadway workers ................ 50,000 records ... 2 minutes ........... 1,667 126,692 

214.503—Notifications for non-compliant roadway 

maintenance machines or unsafe condition.

50,000 roadway workers ................ 125 notices ......... 10 minutes ......... 21 1,197 

—Resolution procedures ............................................. 19 railroads/contractors ................. 5 procedures ...... 2 hours ............... 10 760 

214.505 Required environmental control and protection systems for new on-track roadway maintenance machines with enclosed cabs.746/200 railroads/contractors ........ 500 lists .............. 1 hour ................ 500 38,000 

—Designations/additions to list ................................... 692/200 railroads/contractors ........ 150 additions/ 

designations.

5 minutes ........... 13 988 

—Stenciling or marking of remotely operated roadway maintenance machine (Revised requirement).30 remotely operated machines .... 10 stencils/displays.5 minutes ........... 1 57 

214.507—A-Built Light Weight on new roadway 

maintenance machines.

692/200 railroads/contractors ........ 1,000 stickers/ 

stencils.

5 minutes ........... 83 4,731 

214.511—Required audible warning devices for new 

on-track roadway maintenance machines.

692/200 railroads/contractors ........ 3,700 identified 

mechanisms.

5 minutes ........... 308 17,556 

214.515—Overhead covers for existing on-track 

roadway maintenance machines.

692/200 railroads/contractors ........ 500 + 500 requests + responses.10 + 20 minutes 250 17,423 

214.517—Retrofitting of existing on-track roadway 

maintenance machines manufactured on or after 

Jan. 1, 1991.

692/200 railroads/contractors ........ 500 stencils/displays.5 minutes ........... 42 2,394 

214.523—Hi-rail vehicles ............................................. 692/200 railroads/contractors ........ 5,000 records ..... 5 minutes ........... 417 23,769 

—Non-complying conditions ........................................ 692/200 railroads/contractors ........ 500 tags + 500 

reports.

10 minutes + 15 

minutes.

208 11,856 

214.527—Inspection for compliance—Repair schedules.692/200 railroads/contractors ........ 550 tags + 550 

reports.

5 minutes + 15 

minutes.

183 10,431 

214.533—Schedule of repairs—Subject to availability 

of parts.

692/200 railroads/contractors ........ 250 records ........ 15 minutes ......... 63 4,788 

Totals .................................................................... 746 railroads .................................. 105,751 responses.N/A ..................... 5,619 388,151 

3Throughout the tables in this document, the dollar equivalent cost is derived from the Surface Transportation Board’s Full Year Wage A&B data series using the 

appropriate employee group hourly wage rate that includes 75 percent overhead charges. 


khammond on DSKJM1Z7X2PROD with RULES
15142 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 

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 Ms. 

Hodan Wells, Information Collection 

Clearance Officer, at 202–493–0440. 

Organizations and individuals desiring 

to submit comments on the collection of 

information requirements should direct 

them to Ms. Wells at the following 

address: Hodan.Wells@.gov. 

Federalism Implications 

Executive Order 13132, ‘‘Federalism’’ 

(64 FR 43255, Aug. 10, 1999), requires 

FRA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ are 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ Under Executive 

Order 13132, agencies 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. 

This final rule has been analyzed 

consistent with the principles and 

criteria in Executive Order 13132. This 

final rule will not have a substantial 

effect on the States or their political 

subdivisions; it would not impose any 

substantial direct compliance costs; and 

it would not affect the relationships 

between the Federal Government and 

the States or their political subdivisions, 

or the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

However, this final rule could have 

preemptive effect under certain 

provisions of the Federal railroad safety 

statutes, specifically the former Federal 

Railroad Safety Act of 1970 (former 

FRSA), repealed and re-codified at 49 

U.S.C. 20106, and the former 

Locomotive Boiler Inspection Act (LIA) 

at 45 U.S.C. 22–34, repealed and recodified at 49 U.S.C. 20701–03. The 

former FRSA 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) or the Secretary of 

Homeland Security (with respect to 

railroad security matters), except when 

the State law, regulation, or order 

qualifies under the ‘‘local safety or 

security hazard’’ exception to Section 

20106. Moreover, the U.S. Supreme 

Court has held the former LIA preempts 

the field concerning locomotive safety. 

See Napier v. Atl. Coast Line R.R., 272 

U.S. 605 (1926), and Kurns v. R.R. 

Friction Prods. Corp., 565 U.S. 625 

(2012). Therefore, it is possible States 

would be preempted from addressing 

the subjects covered by the final rule 

(security standards for electronic 

display systems used to display track 

authority information and HVAC 

systems on remotely operated 

machines). 

Environmental Impact 

FRA has evaluated this final rule 

consistent with the National 

Environmental Policy Act (NEPA), 42 

U.S.C. 4321, et seq., the Council of 

Environmental Quality’s NEPA 

implementing regulations at 40 CFR 

parts 1500–1508, and FRA’s NEPA 

implementing regulations at 23 CFR part 

771, and determined that it is 

categorically excluded from 

environmental review and does not 

require the preparation of an 

environmental assessment (EA) or 

environmental impact statement (EIS). 

Categorical exclusions (CEs) are actions 

identified in an agency’s NEPA 

implementing regulations that do not 

normally have a significant impact on 

the environment and, therefore, do not 

require either an EA or EIS. See 40 CFR 

1508.4. Specifically, FRA has 

determined that this final rule is 

categorically excluded from detailed 

environmental review pursuant to 23 

CFR 771.116(c)(15), ‘‘[p]romulgation of 

rules, the issuance of policy statements, 

the waiver or modification of existing 

regulatory requirements, or 

discretionary approvals that do not 

result in significantly increased 

emissions of air or water pollutants or 

noise.’’ 

This final rule does not directly or 

indirectly impact any environmental 

resources and will not result in 

significantly increased emissions of air 

or water pollutants or noise. In 

analyzing the applicability of a CE, FRA 

must also consider whether unusual 

circumstances are present that would 

warrant a more detailed environmental 

review. See 23 CFR 771.116(b). FRA has 

concluded that no such unusual 

circumstances exist with respect to this 

final regulation and it meets the 

requirements for categorical exclusion 

under 23 CFR 771.116(c)(15). 

Pursuant to Section 106 of the 

National Historic Preservation Act and 

its implementing regulations, FRA has 

determined this undertaking has no 

potential to effect historic properties. 

See 16 U.S.C. 470. FRA has also 

determined that this rulemaking does 

not approve a project resulting in use of 

a resource protected by Section 4(f). See 

Department of Transportation Act of 

1966, as amended (Pub. L. 89–670, 80 

Stat. 931); 49 U.S.C. 303. 

Unfunded Mandates Reform Act of 1995 

Under Section 201 of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1531, each Federal agency ‘‘shall, unless 

otherwise prohibited by law, assess the 

effects of Federal regulatory actions on 

State, local, and tribal governments, and 

the private sector (other than to the 

extent that such regulations incorporate 

requirements specifically set forth in 

law).’’ Section 202 of the Act, 2 U.S.C. 

1532, further requires that before 

promulgating any general notice of 

proposed rulemaking that is likely to 

result in promulgation of any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more (adjusted annually for inflation) 

in any 1 year, and before promulgating 

any final rule for which a general notice 

of proposed rulemaking was published, 

the agency shall prepare a written 

statement detailing the effect on State, 

local, and tribal governments and the 

private sector. The final rule will not 

result in the expenditure, in the 

aggregate, of $100,000,000 or more in 

any one year (adjusted annually for 

inflation), and thus preparation of such 

a statement is not required. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 15143 

List of Subjects in 49 CFR Part 214 

Occupational safety and health, 

Railroad safety. 

The Rule 

For the reasons discussed in the 

preamble, FRA amends part 214 of 

chapter II, subtitle B of title 49, Code of 

Federal Regulations, as follows: 

PART 214—RAILROAD WORKPLACE 

SAFETY 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20107, 

21301–21302, 21304, 28 U.S.C. 2461, note; 

and 49 CFR 1.89. 

■ 2. Amend § 214.322 by adding 

paragraph (i) to read as follows: 

§ 214.322 Exclusive track occupancy, 

electronic display. 

* * * * * 

(i) For purposes of complying with 

paragraph (h) of this section, electronic 

display systems may use multi-factor 

authentication for digital authentication 

of the subject. 

■ 3. Amend § 214.505 by revising the 

introductory text of paragraph (a) and 

adding paragraph (i) to read as follows: 

§ 214.505 Required environmental control 

and protection systems for new on-track 

roadway maintenance machines with 

enclosed cabs. 

(a) With the exception of machines 

subject to paragraph (i) of this section, 

the following new on-track roadway 

maintenance machines shall be 

equipped with operative heating 

systems, operative air conditioning 

systems, and operative positive 

pressurized ventilation systems: 

* * * * * 

(i) Paragraph (a) of this section is not 

applicable to machines that are 

incapable of performing work functions 

other than by remote operation and are 

equipped with no operating controls 

(i.e., remotely operated roadway 

maintenance machines) if the following 

conditions are met. 

(1) If a remotely operated roadway 

maintenance machine is operated from 

the cab of a separate machine, that 

separate machine must comply with 

paragraph (a) of this section. 

(2) If a remotely operated roadway 

maintenance machine is operated 

outside of the main cab of the separate 

machine in a manner that will expose 

the operator to air contaminants, as 

outlined in 29 CFR 1910.1000, the 

employee shall be protected in 

compliance with 29 CFR 1910.134. 

(3) No person is permitted on the 

remotely operated roadway 

maintenance machine while the 

equipment is operating. 

(4) Each remotely operated roadway 

maintenance machine must be clearly 

identified by stenciling, marking, or 

other written notice in a conspicuous 

location on the machine indicating the 

potential hazards of the machine being 

operated from a distance or that the 

machine may move automatically. 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2022–05625 Filed 3–16–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R3–ES–2022–0006; 

FXES11130300000–223–FF03E00000] 

1018–BE37 

Endangered and Threatened Wildlife 

and Plants; Technical Corrections for 

Four Midwest Mussel Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Direct final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the revised 

taxonomy of four species of mussels 

under the Endangered Species Act of 

1973, as amended (Act). We are revising 

the List of Endangered and Threatened 

Wildlife and related regulations under 

the Act to reflect the scientifically 

accepted taxonomy and nomenclature of 

these species. 

DATES: This rule is effective June 15, 

2022 without further action, unless 

significant adverse comment is received 

by April 18, 2022. If significant adverse 

comment is received, we will publish a 

timely withdrawal of the rule for the 

appropriate species in the Federal 

Register. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R3–ES–2022–0006, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the Search panel on 

the left side of the screen, under the 

Document Type heading, click on the 

Proposed Rule box to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R3–ES–2022– 

0006, U.S. Fish and Wildlife Service, 

MS: PRB/3W, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. 

See Public Comments under 

SUPPLEMENTARY INFORMATION, below, for 

more information about submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Laura Ragan, Midwest Regional 

Recovery Coordinator, U.S. Fish and 

Wildlife Service, Midwest Regional 

Office, 5600 American Boulevard West, 

Suite 990, Bloomington, MN 55437; 

telephone 612–713–5157; email Laura_

Ragan@fws.gov. Individuals in the 

United States who are deaf, deafblind, 

hard of hearing, or have a speech 

disability may dial 711 (TTY, TDD, or 

TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Purpose of Direct Final Rule and Final 

Action 

The purpose of this direct final rule 

is to notify the public that we are 

revising: (1) The List of Endangered and 

Threatened Wildlife in title 50 of the 

Code of Federal Regulations (CFR) at 

§ 17.11(h) (50 CFR 17.11(h)) to reflect 

the scientifically accepted taxonomy 

and nomenclature of four freshwater 

mussel species listed under section 4 of 

the Act (16 U.S.C. 1531 et seq.). These 

changes reflect the most recently 

accepted common and scientific names 

in accordance with 50 CFR 17.11(b) and 

(c). We are also updating the 

nomenclature for one of the species at 

50 CFR 17.85. 

We are publishing this rule without a 

prior proposal because this is a 

noncontroversial action that is in the 

best interest of the public and should be 

undertaken in as timely a manner as 

possible. This rule will be effective, as 

published in this document, on the 

effective date specified in DATES, unless 

we receive significant adverse 

comments by the comment due date 

specified in DATES. Significant adverse 

comments are comments that provide 

strong justification as to why our rule 

should not be adopted or why it should 

be changed. 

If we receive significant adverse 

comments regarding the taxonomic 

changes for any of these species, we will 

publish a document in the Federal 

Register withdrawing this rule for the 

appropriate species before the effective 

date, and, if appropriate, we will 


khammond on DSKJM1Z7X2PROD with RULES