[Federal Register Volume 70, Number 139 (Thursday, July 21, 2005)]
[Rules and Regulations]
[Pages 41995-42002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14334]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 230

[Docket No. FRA 2005-20044, Notice No. 2]
RIN 2130-AB64


Inspection and Maintenance Standards for Steam Locomotives

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

ACTION: Final rule.

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SUMMARY: On April 19, 2005, FRA published a notice of proposed 
rulemaking (NPRM) proposing 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. FRA received 
two comments supporting the adoption of the proposed rule. Therefore, 
FRA adopts the proposed rule as a final rule.

DATES: Effective Date: This rule is effective August 22, 2005.

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). Appendix C to part 
230 contains forms that railroads subject to the rule are required to 
complete. On FRA Form 4 entitled ``Boiler Specification Card,'' FRA 
inadvertently omitted three lines in the

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``Calculations'' section that should have been included to record the 
shearing stress on rivets. 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, the 
omitted language is necessary on the form so that the current condition 
of the boiler can be documented accurately. The omitted language is as 
follows:
    ``Shearing stress on rivets:
    Greatest shear stress on rivets in longitudinal seam------psi 
Location (course )------; Seam Efficiency------''
    On April, 19, 2005, FRA published an NPRM proposing to add the 
omitted language to Form 4. (70 FR 20337). Comments were due on May 19, 
2005. FRA received two comments supporting the addition of the language 
to Form 4, but requesting clarification about whether the rule will 
only apply prospectively.
    Because FRA did not receive any adverse, substantive comments, FRA 
is correcting this oversight by adding the language to Form 4 as 
proposed in the notice of proposed rulemaking.

Analysis of Comments

    FRA asked for comment on the proposed changes to Form 4 and 
received comments from Union Pacific Railroad Company (UP) and the 
Association of Railway Museums (ARM). Both commenters support adoption 
of the proposed rule provided that the changes to Form 4 apply 
prospectively from the effective date of this final rule. UP and ARM 
maintain that the rule should not require railroads to revise or update 
existing Form 4's to include the ``shearing stress on rivets'' 
information until such time as 49 CFR part 230 requires railroads to 
prepare a new or updated Form 4 (e.g., in connection with a 1472 
service day inspection under section 230.17).
    FRA agrees that the change to Form 4 should apply prospectively. In 
this regard, railroads are not required to update or revise current 
Form 4's that were prepared prior to the effective date of this final 
rule until such time as a new or updated Form 4 is otherwise required 
by the rule. Form 4's that are prepared after the effective date of 
this final rule must contain the ``shearing stress on rivets'' 
information.

Regulatory Impact

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final 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 final rule is 
not significant under the Regulatory Policies and Procedures of the 
Department of Transportation. The economic impact of the final rule is 
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 corrects a minor omission from the final rule. Therefore, FRA 
certifies that this final rule does not have a significant economic 
impact on a substantial number of small entities.

C. Federalism

    This final rule will 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 as not warranted.

D. Paperwork Reduction Act

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

E. Compliance With the Unfunded Mandates Reform Act of 1995

    The final rule issued today will 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 was not required.

F. Environmental Assessment

    There will be no significant environmental impacts associated with 
this final rule.

G. Energy Impact

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

List of Subjects in 49 CFR Part 230

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

The Final Rule

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In consideration of the foregoing, FRA is amending chapter II, subtitle 
B of title 49, Code of Federal Regulations as follows:

PART 230--[AMENDED]

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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.


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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 July 11, 2005.
Joseph H. Boardman,
Administrator, Federal Railroad Administration.
[FR Doc. 05-14334 Filed 7-20-05; 8:45 am]
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