[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Proposed Rules]
[Pages 20337-20344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7739]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 230

[Docket No. FRA 2005-20044, Notice No. 1]
RIN 2130-AB64


Inspection and Maintenance Standards for Steam Locomotives

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: FRA proposes to correct an inadvertent, small omission from 
FRA Form 4 (``Boiler Specification Card'') in the Steam Locomotive 
Inspection and Maintenance Standards. The form is used to record 
information about inspections of steam locomotive boilers.

DATES: (1) Written comments: Written comments on this NPRM must be 
submitted by May 19, 2005. Comments received after the date will be 
considered to the extent possible without incurring additional expense 
or delay.
    (2) Public Hearing: If any person desires an opportunity for oral 
comment, he or she must notify FRA in writing and specify the basis for 
the request. FRA will schedule a public hearing in connection with this 
proceeding if the agency receives a request for a public hearing by May 
19, 2005.

ADDRESSES: You may submit comments, identified by DOT DMS Docket No. 
FRA 2005-20044, by any of the following methods:
    Website: http://dms.dot.gov. Follow the submitting comments on the 
DOT electronic site.
    Fax: (202) 493-2251.
    Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow online instructions for submitting comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov, including personal information provided. 
Please see the ``Privacy Act'' section under ``Regulatory Impact.''
    Docket: For access to the docket to read background or comments 
received, go to http://dms.dot.gov at any time or to Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: George Scerbo, Motive Power and 
Equipment Safety Specialist, 1120 Vermont Avenue, NW., Mail Stop 25, 
Washington, DC 20590, (202) 493-6249, [email protected]; or 
Melissa L. Porter, Trial Attorney, 1120 Vermont Avenue, NW., Mail Stop 
10, Washington, DC 20590, (202) 493-6034, [email protected].

SUPPLEMENTARY INFORMATION: On November 17, 1999, FRA published a final 
rule revising the agency's inspection and maintenance standards for 
steam locomotives (49 CFR part 230). (64 FR 62828). As part of the 
final rule, FRA included forms in Appendix C to part 230 that railroads 
operating steam locomotives are required to use in order to comply with 
the rule. On FRA Form 4 entitled ``Boiler Specification Card,'' FRA 
inadvertently omitted three lines in the ``Calculations'' section that 
should have been included to record the shearing stress on rivets. The 
omitted language is as follows:
    ``Shearing stress on rivets:

Greatest shear stress on rivets in longitudinal seam ---------- psi
    Location (course ); ----------; Seam Efficiency ---------- 
''

    FRA proposes to correct this oversight by adding the above language 
to Form 4. Because the purpose of Form 4 is to document for FRA the 
current condition of the boiler and to keep up-to-date documentation of 
all repairs that have been made to the boiler, this omitted language is 
necessary on the form so that the current condition of the boiler can 
be documented accurately.
    Although the language was also omitted from the NPRM issued on 
September 25, 1998 in the proceeding that led to the 1999 final rule 
amendments to the steam locomotive rule, the omitted language was still 
intended by FRA to be on Form 4. A review of meeting minutes from the 
Tourist and Historic Railroads Working Group of FRA's Railroad Safety 
Advisory Committee, which was tasked with developing recommendations 
for revising the rule, indicates that there was no substantive 
discussion about the specific requirements to record the

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shearing stress on rivets, unlike other issues that were controversial. 
There was discussion about how to calculate the stress, but not about 
the recording requirements. In addition, the prior version of the rule 
required persons and entities to record similar information (i.e., 
shearing stress on rivets in pounds per square inch). (See, for 
example, 49 CFR 230.54 (1978)). In all of the meetings and comments, 
there was no discussion between any parties of eliminating this 
language from Form 4. Moreover, in a March 18, 2003, letter to FRA, the 
Secretary of the Engineering Standards Committee for Steam Locomotives 
states the ``[t]he original final drafts [of Form 4] supplied to the 
FRA and agreed to by the task group contained this section [for 
`Shearing Stress on Rivets'].'' The letter requests that the section of 
the form ``be reinstated * * *.''
    In light of the foregoing explanation, FRA proposes to amend Form 4 
as stated above.

Regulatory Impact

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule has been evaluated in accordance with existing 
policies and procedures. It is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not reviewed by the Office of Management and Budget. This proposed rule 
is not significant under the Regulatory Policies and Procedures of the 
Department of Transportation. The economic impact of the proposed rule 
would be minimal to the extent that preparation of a regulatory 
evaluation is not warranted.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires a review of rules to assess their impact on small entities. 
This rule proposes to correct a minor omission from the final rule. 
Therefore, FRA certifies that proposed rule would not have a 
significant economic impact on a substantial number of small entities.

C. Federalism

    This proposed rule would not have a substantial effect on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Thus, in accordance with Executive Order 
13132, preparation of a Federalism assessment is not warranted.

D. Paperwork Reduction Act

    There are no new information collection requirements in this 
proposed rule.

E. Compliance With the Unfunded Mandates Reform Act of 1995

    The proposed rule issued today would not result in the expenditure, 
in the aggregate, of $120,700,000 or more in any one year by State, 
local, or Indian Tribal governments, or the private sector, and thus 
preparation of a statement is not required.

F. Environmental Assessment

    There would be no significant environmental impacts associated with 
this proposed rule.

G. Energy Impact

    According to definitions set forth in Executive Order 13211, there 
would be no significant energy action as a result of the issuance of 
this proposed rule.

H. Privacy Act

    Anyone is able to search the electronic form of all comments 
received in any of our dockets by the name of the individual submitting 
the comment or (signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Request for Public Comments

    FRA proposes to amend Form 4 in Appendix C to 49 CFR Part 230, as 
set forth below. FRA solicits comments on the NPRM through written 
submissions. FRA may make changes to the final rule based on comments 
submitted in response to this proposed rule.

List of Subjects in 49 CFR Part 230

    Steam locomotives, Railroad safety, Penalties, Reporting and 
recordkeeping requirements.

The Proposed Rule

    In consideration of the foregoing, FRA proposes to amend chapter 
II, subtitle B of title 49, Code of Federal Regulations as follows:

PART 230--[AMENDED]

    1. The authority citation for part 230 continues to read as 
follows:

    Authority: 49 U.S.C. 20103, 20701, 20702; 28 U.S.C. 2461, note; 
and 49 CFR 1.49.

    2. Appendix C to part 230 is amended by revising ``FRA Form 4'' to 
read as follows:

Appendix C to Part 230--FRA Inspection Forms

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    Issued in Washington, DC, on April 12, 2005.
Robert D. Jamison,
Acting Administrator, Federal Railroad Administration.

[FR Doc. 05-7739 Filed 4-18-05; 8:45 am]
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