Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26121

1Until further notice, this frequency is

available for use as permitted by § 80.373(f),

notwithstanding the provisions of footnote 3,

that are applicable to the VTS system.

Availability is a result of the closure of the

VTS system for the port area of New Orleans.

If the United States Coast Guard reestablishes this system, the Commission may

require operations pursuant to such

conditional licenses for this frequency to

cease, or may choose not to renew such

conditional licenses. All licenses for this

frequency will be expressly conditioned

upon the continued availability of the

frequency for non-VTS use.

* * * * * 3Private coast station licenses for the use

of this frequency in this area will expire at

the end of the current license term or five

years after the adopted date of the final rule,

whichever comes first. Continued use until

expiration must be on a noninterference basis

to Coast Guard VTS communications.

(b) * * *

(6) Prince William Sound. The

rectangle between North latitudes 61

degrees 17 minutes and 59 degrees 22

minutes and West longitudes 149

degrees 39 minutes and 145 degrees 36

minutes.

* * * * *

[FR Doc. 96–13100 Filed 5–23–96; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 192, 193, and 195

[Docket No. PS–143]

RIN 2137–AC74

Periodic Updates to the Pipeline Safety

Regulations

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule updates the

references to voluntary specifications

and standards to reflect more recently

published editions of each document.

This final rule enables pipeline

operators to utilize current technology,

materials, and practices, thereby

reducing costs and enhancing economic

growth. In addition, this final rule

eliminates the requirements for

odorization of hydrogen in transmission

lines in instances where the hydrogen is

intended for use as a feedstock in a

manufacturing process. This eliminates

a requirement that is costly, but not

needed for safety. This final rule is

consistent with the President’s goals of

regulatory reinvention and

improvement of customer service.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Eben M. Wyman, (202) 366–0918,

regarding the subject matter of this

Notice; or the Dockets Unit, (202) 366–

4453, for copies of this final rule or

other material in the docket.

SUPPLEMENTARY INFORMATION:

Background

In a March 1995 memorandum,

President Clinton directed Federal

regulatory agencies to, among other

things, conduct a page-by-page review

of all agency regulations, cutting or

revising those that were obsolete,

intrusive, or better handled by parties

other than the Federal government (i.e.,

private business, State, or local

government).

In response to the President’s

directive, RSPA issued a Notice of

Proposed Rulemaking (NPRM) in this

docket on March 4, 1996 (61 FR 8213).

The NPRM proposed updating the

references to voluntary specifications

and standards and proposed elimination

of the requirement to odorize hydrogen

transmission pipelines.

Eight parties submitted written

comments on the NPRM.

Commenters consisted of seven

pipeline operators, two of which are

hydrogen pipeline operators, and a

standard setting organization.

Comments were generally supportive of

RSPA’s efforts, although some

commenters made additional

suggestions.

Incorporation by Reference

RSPA is adopting the proposal to

incorporate by reference all or portions

of over 40 different documents

containing practices, codes, standards,

and specifications developed and

published by technical organizations,

including the American Petroleum

Institute, American Gas Association,

American Society of Mechanical

Engineers, American Society of Civil

Engineers, American Concrete Institute,

American Society for Testing and

Materials, International Conference of

Building Officials, Manufacturers

Standardization Society of the Valve

and Fittings Industry, and National Fire

Protection Association. Many editions

previously referenced in 49 CFR Parts

192, 193, and 195 are out of print or

obsolete. Later published editions of

these documents focus on up-to-date

technology. Pipeline operators could be

unnecessarily burdened with design and

construction requirements that are

referred to in earlier editions.

To avoid these burdens and allow

operators to benefit from technological

improvements in materials and

methods, this final rule updates those

references for which the latest editions

have been reviewed and accepted by

OPS.

All six commenters on the proposed

updates of the voluntary consensus

standards were supportive of the

initiative. However, one commenter

suggested that the regulatory language

in Section 192.63 should not make

reference to the year of the latest edition

of the standard in order to maintain

consistency throughout the regulations.

RSPA sees merit in this comment, and

therefore has revised the final rule to

cite the standard without reference to

the year of the latest edition.

One commenter suggested that RSPA

eliminate the use of specific editions

and dates for the referenced standards

and refer instead to ‘‘the latest edition’’

of each standard. This commenter

believed that in some cases operators

are burdened with unnecessary delays

and additional costs to obtain pipe or

components manufactured to an out-ofdate standard.

RSPA will not adopt this proposal to

revise the pipeline safety regulations to

permanently reference ‘‘the latest

edition’’ of the incorporated consensus

standards. Before adopting any updated

consensus standard RSPA first reviews

the standard to determine whether it

should be incorporated by reference into

the regulations. RSPA then proposes to

accept the document(s) through a

Federal Register Notice, providing the

public with an opportunity to comment

on the proposal. It would be

inconsistent with the Administrative

Procedure Act for RSPA to announce

that the latest editions of these

documents will be accepted without

RSPA review or opportunity for public

comment.

Three commenters suggested that

RSPA review the standards at least

annually. RSPA understands the

benefits to operators of periodically

updating the referenced standards.

RSPA will try to revise them annually,

as this will lessen burdens on pipeline

operators.

Requirement to Odorize Hydrogen

Transmission Pipelines

In support of the President’s goal to

eliminate obsolete and unnecessary

regulations, this final rule adopts the

proposal to amend 49 CFR 192.625 to

eliminate the odorization requirement

for hydrogen transmission lines in cases

where its intended use is as a feedstock

in a manufacturing process. Hydrogen

pipelines that were operating without

an odorant before May 5, 1975, were
26122 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

already exempt from the odorization

requirement.

When used as an industrial feedstock,

the hazard from hydrogen pipeline leaks

is minimal. Hydrogen is much less

dense than air and thus tends to

dissipate rapidly. In addition, hydrogen

has relatively low energy content for a

given volume compared to natural gas.

The ignition energy of hydrogen is so

low that even static electricity can ignite

the gas, making a build-up of gas to

dangerous levels unlikely.

Moreover, the costs of deodorization

are substantial. Odorization renders

hydrogen unfit for most of its industrial

uses, as it can reduce the reactivity of

catalysts, make the end product unfit for

the purpose for which it is intended, or

reduce the percentage completion of a

chemical reaction. This means that the

odorant needs to be removed, an

expensive process, prior to its use in

manufacture.

Three commenters discussed RSPA’s

proposal to eliminate the requirements

for odorization of hydrogen

transmission pipelines. All comments

were in full support of this initiative,

and one commenter noted that the

revised language in Section 192.625 is

consistent with the President’s goals of

RRI, as it ‘‘will serve to effectively

eliminate a regulatory requirement that

is both unnecessary and economically

burdensome on industry.’’

Advisory Committees

The Technical Pipeline Safety

Standards Committee (TPSSC) and the

Technical Hazardous Liquid Pipeline

Safety Standards Committee (THLPSSC)

have been established by statute to

evaluate proposed pipeline safety

regulations. The committees are

required to report on the technical

feasibility, reasonableness, and

practicability of the proposals.

The NPRM was sent by mail to the

committees for consideration. The

proposal was unanimously accepted by

11 members of the THLPSSC. The

comments of the TPSSC supported the

proposal and generally were consistent

with written comments filed by other

commenters discussed above. Written

comments of the TPSSC were similar,

but a few members requested further

information regarding the hydrogen

transmission pipelines that would no

longer be subject to the odorization

requirement. A TPSSC member asked

where these lines are located, and

whether they would be tested or

surveyed more extensively than other

pipelines that are required to use

odorant.

The bulk of hydrogen transmission

pipelines are operated by two

companies and are located primarily in

Texas and Louisiana. For the reasons

discussed earlier in this final rule,

relieving operators of hydrogen

pipelines from the odorization

requirement will not sacrifice safety and

thus no additional testing or monitoring

is needed.

Because only 6 members of the TPSSC

responded to the mail ballot, the TPSSC

considered the proposal at its May 7,

1996 meeting. All twelve TPSSC

members present voted in favor of the

proposal.

Corrections

In the NPRM, RSPA provided an

incorrect address for the American

Society for Testing and Materials

(ASTM). The correct town is ‘‘West

Conshohocken, PA, ‘‘ not

‘‘Conshohocken, PA,’’ as noted in the

NPRM. Thus, the correct address for

ASTM is 100 Barr Harbor Drive, West

Conshohocken, PA, 19428. The NPRM

also incorrectly named the latest edition

of NFPA–59A as the 1994 edition. The

latest edition is the 1996 edition. This

information is incorporated in the final

rule where appropriate. Finally, Section

192.189 is corrected to reflect the

appropriate nomenclature of ANSI/

NFPA 70 as the ‘‘National Electrical

Code,’’ not ‘‘National Electric Code’’ as

named in the NPRM.

Rulemaking Analyses

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final rule is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and, therefore,

was not subject to review by the Office

of Management and Budget (OMB). The

final rule is not significant under the

Regulatory Policies and Procedures of

the Department of Transportation (44 FR

11034).

Executive Order 12612

The final rule has been analyzed with

the principles and criteria in Executive

Order 12612 (‘‘Federalism’’), and does

not have sufficient federalism impacts

to warrant the preparation of a

federalism assessment.

Regulatory Flexibility Act

Based on the facts available, I certify

that this final rule will not, have a

significant economic impact on a

substantial number of small entities.

Paperwork Reduction Act

There are no new information

collection requirements in this final

rule.

List of Subjects

49 CFR Part 192

Incorporation by reference, Natural

gas, Pipeline Safety.

49 CFR Part 193

Incorporation by reference, Liquefied

natural gas (LNG), Pipeline safety.

49 CFR Part 195

Anhydrous ammonia, Carbon dioxide,

Incorporation by reference, Petroleum,

Pipeline safety.

In consideration of the foregoing,

RSPA to amends 49 CFR Parts 192, 193,

and 195 as follows:

PART 192—[AMENDED]

1. The authority citation for Part 192

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60109, 60110, 60113, 60118; 49 CFR

1.53

2. Paragraph (a)(1) of section 192.63 is

revised to read as follows:

§ 192.63 Marking of materials.

(a) * * *

(1) As prescribed in the specification

or standard to which it was

manufactured, except that thermoplastic

fitting must be marked in accordance

with ASTM D 2513; or

* * * * *

3. Paragraph (c) of section 192.189 is

revised to read as follows:

§ 192.189 Vaults: Drainage and

waterproofing.

* * * * *

(c) Electrical equipment in vaults

must conform to the applicable

requirements of Class 1, Group D, of the

National Electrical Code, ANSI/NFPA

70.

4. Section 192.625 is amended by

revising paragraphs (b)(2)(iv)(C) and

(b)(3) and by adding paragraph (b)(4) to

read as follows:

§ 192.625 Odorization of gas.

* * * * *

(b) * * *

(2) * * *

(iv) * * *

(C) Reduces the percentage

completion of a chemical reaction;

(3) In the case of a lateral line which

transports gas to a distribution center, at

least 50 percent of the length of that line

is in a Class 1 or Class 2 location; or

(4) The combustible gas is hydrogen

intended for use as a feedstock in a

manufacturing process.

* * * * *

5. Appendix A of Part 192 is amended

by revising paragraphs I. D, II. A (1), (3)
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations 26123

and (4), II. B, II. C (3)–(6), and II. E to

read as follows:

Appendix A to Part 192—Incorporated

by Reference

I. List of organizations and addresses.

* * * * *

D. American Society for Testing and

Materials (ASTM), 100 Barr Harbor Drive,

West Conshohocken, PA 19428.

* * * * *

II. Documents incorporated by reference.

(Numbers in parentheses indicate applicable

editions.)

A. * * *

(1) API Specification 5L ‘‘Specification for

Line Pipe (41st edition, 1995).

* * * * *

(3) API Specification 6D ‘‘Specification for

Pipeline Valves (Gate, Plug, Ball, and Check

Valves)’’ (21st edition, 1994).

(4) API Standard 1104 ‘‘Welding of

Pipelines and Related Facilities’’ (18th

edition, 1994).

B. American Society for Testing and

Materials (ASTM):

(1) ASTM Designation: A53 ‘‘Standard

Specification for Pipe, Steel, Black and HotDipped, Zinc-Coated, Welded and Seamless’’

(A53–95a).

(2) ASTM Designation A 106 ‘‘Standard

Specification for Seamless Carbon Steel Pipe

for High-Temperature Service’’ (A 106- 94a).

(3) ASTM Designation: A 333/A 333M

‘‘Standard Specification for Seamless and

Welded Steel Pipe for Low-Temperature

Service’’ (A 333/A 333M–94).

(4) ASTM Designation: A 372/A 372M

‘‘Standard Specification for Carbon and Alloy

Steel Forgings for Thin-Walled Pressure

Vessels’’ (A 372/A 372M–95).

(5) ASTM Designation: A 381 ‘‘Standard

Specification for Metal-Arc-Welded Steel

Pipe for Use With High-Pressure

Transmission Systems— (A 381–93).

(6) ASTM Designation: A 671 ‘‘Standard

Specification for Electric-Fusion-Welded

Steel Pipe for Atmospheric and Lower

Temperatures’’ (A 671–94).

(7) ASTM Designation: A 672 ‘‘Standard

Specification for Electric-Fusion-Welded

Steel Pipe for High-Pressure Service at

Moderate Temperatures’’ (A 672–94).

(8) ASTM Designation A 691 ‘‘Standard

Specification for Carbon and Alloy Steel

Pipe, Electric-Fusion-Welded for HighPressure Service at High Temperatures’’ (A

691–93).

(9) ASTM Designation D 638 ‘‘Standard

Test Method for Tensile Properties of

Plastics’’ (D 638–95).

(10) ASTM Designation D 2513 ‘‘Standard

Specification for Thermoplastic Gas Pressure

Pipe, Tubing and Fittings’’ (D 2513–87

edition for § 192.63(a)(1), otherwise D2513–

95c).

(11) ASTM Designation D 2517 ‘‘Standard

Specification for Reinforced Epoxy Resin Gas

Pressure Pipe and Fittings’’ (D 2517–94).

C. * * *

(3) ASME Boiler and Pressure Vessel Code,

Section I ‘‘Power Boilers’’ (1995 edition with

1995 Addenda).

(4) ASME Boiler and Pressure Vessel Code,

Section VIII, Division 1 ‘‘Pressure Vessels’’

(1995 edition with 1995 Addenda).

(5) ASME Boiler and Pressure Vessel Code,

Section VIII, Division 2 ‘‘Pressure Vessels:

Alternative Rules’’ (1995 edition with 1995

Addenda).

(6) ASME Boiler and Pressure Vessel Code,

Section IX ‘‘Welding and Brazing

Qualifications’’ (1995 edition with 1995

Addenda).

* * * * *

E. National Fire Protection Association

(NFPA):

(1) ANSI/NFPA 30 ‘‘Flammable and

Combustible Liquids Code’’ (1993).

(2) ANSI/NFPA 58 ‘‘Standard for the

Storage and Handling of Liquefied Petroleum

Gases’’ (1995).

(3) ANSI/NFPA 59 ‘‘Standard for the

Storage and Handling of Liquefied Petroleum

Gases at Utility Gas Plants’’ (1995).

(4) ANSI/NFPA 70 ‘‘National Electrical

Code’’ (1996).

PART 193—[AMENDED]

1. The authority citation for Part 193

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60103,

60104, 60108, 60109, 60110, 60113, 60118;

49 CFR 1.53

2. Appendix A to Part 193 is amended

by revising paragraphs II. C, II D (1) and

(3), II. E, II. F, and II. G, to read as

follows:

Appendix A to Part 193—Incorporation

by Reference

* * * * *

II. Documents Incorporated by Reference.

(Numbers in Parentheses Indicate Applicable

Editions.)

* * * * *

C. American Society of Civil Engineers

(ASCE):

1. ASCE 7–95 ‘‘Minimum Design Loads for

Buildings and Other Structures’’ (1995)

D. * * *

1. API Specification 6D ‘‘Specification for

Pipeline Valves (Gate, Plug, Ball, and Check

Valves)’’ (21st edition, 1994).

2. * * *

3. API Standard 1104 ‘‘Welding of

Pipelines and Related Facilities’’ (18th

edition, 1994).

E. American Society of Mechanical

Engineers (ASME):

1. ASME/ANSI B31.3 ‘‘Chemical Plant and

Petroleum Refinery Piping’’ (1993 edition

with ASME/ANSI B31.3a–1993, B31.b–1994

and B31.c–1995 Addenda).

2. ASME/ANSI B31.5 ‘‘Refrigeration

Piping’’ (1992 edition with ASME B31.5a–

1994 Addenda).

3. ASME/ANSI B31.8 ‘‘Gas Transmission

and Distribution Piping Systems’’ (1995).

4. ASME Boiler and Pressure Vessel Code,

Section I ‘‘Power Boilers’’ (1995 edition with

1995 Addenda).

5. ASME Boiler and Pressure Vessel Code,

Section IV, ‘‘Heating Boilers’’ (1995 edition

with 1995 Addenda).

6. ASME Boiler and Pressure Vessel Code,

Section VIII, Division 1 ‘‘Pressure Vessels’’

(1995 edition with 1995 Addenda).

7. ASME Boiler and Pressure Vessel Code,

Section VIII, Division 2, ‘‘Pressure Vessels:

Alternative Rules’’ (1995 edition with 1995

Addenda).

8. ASME Boiler and Pressure Vessel Code,

Section IX, ‘‘Welding and Brazing

Qualifications’’ (1995 edition with 1995

Addenda).

F. International Conference of Building

Officials (ICBU):

1. ‘‘Uniform Building Code’’ (UBC) (1994).

G. National Fire Protection Association

(NFPA):

1. ANSI/NFPA 30 ‘‘Flammable and

Combustible Liquids Code’’ (1993)

2. ANSI/NFPA 37 ‘‘Standard for the

Installation and Use of Stationary

Combustion Engines and Gas Turbines’’

(1994).

3. ANSI/NFPA 51B ‘‘Standard for Fire

Prevention in Use of Cutting and Welding

Processes’’ (1994).

4. ANSI/NFPA 59A ‘‘Standard for the

Production, Storage, and Handling of

Liquefied Natural Gas (LNG)’’ (1972 edition

for § 193.2005(c), otherwise 1996 edition).

5. ANSI/NFPA 70 ‘‘National Electrical

Code’’ (1996).

* * * * *

PART 195—[AMENDED]

1. The authority citation for Part 195

continues to read as follows:

Authority: 49 U.S.C. 5103, 60102, 60104,

60108, 60109, 60118; 49 CFR 1.53.

2. Section 195.3 is amended by

revising paragraph (b)(6) and paragraphs

(c) introductory text and (c) (2) through

(5) to read as follows:

195.3 Matter incorporated by reference.

* * * * *

(b) * * *

(6) American Society for Testing and

Materials (ASTM), 100 Barr Harbor

Drive, Conshohocken, PA 19428.

* * * * *

(c) The full title for the publications

incorporated by reference in this part

are as follows. Numbers in parentheses

indicate applicable editions:

* * * * *

(2) American Petroleum Institute

(API):

(i) API Specification 5L ‘‘Specification

for Line Pipe’’ (41st edition, 1995).

(ii) API Specification 6D

‘‘Specification for Pipeline Valves (Gate,

Plug, Ball, and Check Valves)’’ (21st

Edition, 1994).

(iii) API Specification 1104 ‘‘Welding

of Pipelines and Related Facilities’’

(18th edition, 1994).

(3) American Society of Mechanical

Engineers (ASME):

(i) ASME/ANSI B16.9 ‘‘Factory-Made

Wrought Steel Buttwelding Fittings’’

(1993).
26124 Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules and Regulations

(ii) ASME/ANSI B31.4 ‘‘Liquid

Transportation Systems for

Hydrocarbons, Liquid Petroleum Gas,

Anhydrous Ammonia, and Alcohols’’

(1992 edition with ASME B31.4a–1994

Addenda).

(iii) ASME/ANSI B31.8 ‘‘Gas

Transmission and Distribution Piping

Systems’’ (1995)

(iv) ASME/ANSI B31G ‘‘Manual for

Determining the Remaining Strength of

Corroded Pipelines’’ (1991).

(v) ASME Boiler and Pressure Vessel

Code, Section VIII, Division 1 ‘‘Pressure

Vessels’’ (1995 edition with 1995

Addenda).

(vi) ASME Boiler and Pressure Vessel

Code, Section IX ‘‘Welding and Brazing

Qualifications’’ (1995 edition with 1995

Addenda).

(4) Manufacturers Standardization

Society of the Valve and Fittings

Industry, Inc. (MSS):

(i) MSS SP–75 ‘‘Specification for High

Test Wrought Butt Welding Fittings’’

(1993).

(ii) [Reserved]

(5) American Society for Testing and

Materials (ASTM):

(i) ASTM Designation: A 53

‘‘Standard specification for Pipe, Steel,

Black and Hot-Dipped, Zinc-Coated,

Welded and Seamless’’ (A 53–95a).

(ii) ASTM Designation: A 106

‘‘Standard Specification for Seamless

Carbon Steel Pipe for High-Temperature

Service’’ (A 106–94a).

(iii) ASTM Designation: A 333/A

333M ‘‘Standard Specification for

Seamless and Welded Steel Pipe for

Low-Temperature Service’’(A 333/A

333M–94).

(iv) ASTM Designation: A 381

‘‘Standard Specification for Metal-ArcWelded Steel Pipe for Use With HighPressure Transmission Systems’’ (A

381–93).

(v) ASTM Designation: A 671

‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for

Atmospheric and Lower Temperatures’’

(A 671–94).

(vi) ASTM Designation: A 672

‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for HighPressure Service at Moderate

Temperatures’’ (A 672–94).

(vii) ASTM Designation: A 691

‘‘Standard Specification for Carbon and

Alloy Steel Pipe Electric-Fusion-Welded

for High- Pressure Service at High

Temperatures’’ (A 691–93).

Issued in Washington, DC on May 16,

1996.

Rose A. McMurray,

Acting Deputy Administrator.

[FR Doc. 96–12843 Filed 5–23–96; 8:45 am]

BILLING CODE 4910–60–P

Federal Railroad Administration

49 CFR Part 212

[FRA Docket No. RSSP–3, Notice No. 5]

RIN AB08

State Safety Participation Regulations;

Federal Regulatory Reform

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Final rule.

SUMMARY: In connection with the

President’s Regulatory Reform Initiative,

the FRA has reviewed all of its existing

regulations. This review identified a

portion of the regulation governing state

participation in the Federal Rail Safety

Program that can be removed. FRA

expects that this final rule will reduce

the administrative burden to

government and industry, reduce

government printing costs, and provide

a more concise and useful Title 49, Code

of Federal Regulations.

EFFECTIVE DATE: The rule becomes

effective June 24, 1996.

FOR FURTHER INFORMATION CONTACT:

Cynthia Walters, Trial Attorney, Office

of Chief Counsel, FRA, 400 Seventh

Street, S.W., Washington, D.C. 20590,

(202) 366–0621 or Mike Calhoun,

Transportation Safety Program

Specialist, Region 5 Hurst Regional

Office, FRA, 8701 Bedford-Euless Rd.

Suite 425, Hurst, TX 76053, (817) 284–

8142.

SUPPLEMENTARY INFORMATION: On March

4, 1995, the President issued a

memorandum directing the heads of

federal departments and agencies to

conduct a page-by-page review of all

agency regulations now in force and

eliminate or revise those that are

outdated or otherwise in need of reform.

FRA has conducted a page-by-page

review of all of its regulations and

identified the following portion of

FRA’s state participation regulation, 49

CFR Part 212, Subpart D—Grants in Aid,

and corresponding appendices for

removal:

FRA’s Grants-in-Aid Program, 49 CFR

Part 212, Subpart D, was established as

part of the State Participation program

by the Federal Railroad Safety Act of

1970. The State Participation Program

allows states to conduct investigative

and surveillance activities to enforce

federal railroad safety regulations in

conjunction with federal inspection

efforts. The Grants in Aid program was

intended to provide a transition to a

uniform pattern of rail safety regulation

and to provide a continuing state role in

rail safety regulation. As originally

conceived, the program allowed

participating states to obtain federal

reimbursement of up to 50 percent of a

state’s allowable cost.

Once the goal of uniform rail safety

regulation was realized, Congress

elected to eliminate funding.

Specifically, FRA’s federal funding

share of the program declined from the

maximum of 50 percent in fiscal year

1985 to 39 percent in fiscal year 1986,

24 percent in fiscal year 1987, and 16

percent in fiscal year 1988, due to

dwindling federal resources. There has

been no federal funding available for the

Grants-in-Aid program, since fiscal year

1989. Despite the lack of federal funds

for the program, the State Participation

has actually grown. In 1989, there were

110 participating state inspectors and

currently there are 137 state inspectors

participating in the program. In general,

states have continued to participate as

active partners in the program.

Appendices A, B, and C are being

removed, as well, because they were

previously used to determine the levels

of inspection effort and reimbursement

for Track Safety Standards, Freight Car

Safety Standards, and Operating

Practices respectively.

Regulatory Impact

Executive Order 12866 and DOT

Regulatory Policies

This final rule has been evaluated in

accordance with existing regulatory

policies. The regulatory document is

considered to be a nonsignificant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of costs and

benefits under section 6(a)(3) of that

Order. It has not been reviewed by the

Office of Management and Budget under

that Order. This rulemaking has been

reviewed under DOT Regulatory

Policies and Procedures [44 FR 11034,

February 26, 1979] and found to be a

nonsignificant rule.

In its regulatory analysis, FRA has

determined that this rulemaking

presents no substantive issue which it

could reasonably expect would produce

meaningful public comment since it is

merely removing, pursuant to

Presidential directive, obsolete

regulations, retention of which could

serve no useful purpose. Accordingly,

pursuant to 5 U.S.C. 553(c) and (d), the

Administrative Procedure Act, FRA

finds good cause exists to publish this

as a final rule without opportunity for

public comment.

Federalism

FRA has analyzed this rulemaking in

accordance with the principles and