[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43325-43327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14756]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 214

[Docket No. FRA-2001-10426]
RIN 2130-AB63


Railroad Workplace Safety

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

ACTION: Final rule.

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SUMMARY: On February 10, 2005, FRA published an interim final rule 
amending regulations on railroad workplace safety to clarify an

[[Page 43326]]

ambiguous provision concerning the circumstances under which life vests 
or buoyant work vests are required for bridge workers working over 
water. 70 FR 7047. As no comments were received in response to the 
notice of interim final rule, this document adopts the interim final 
rule as a permanent final rule.

DATES: Effective Date: This rule becomes effective July 27, 2005.

FOR FURTHER INFORMATION CONTACT: Gordon A. Davids, Bridge Engineer, 
Office of Safety, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590 
(telephone: 202-493-6320); or Anna Nassif, Trial Attorney, Office of 
Chief Counsel, FRA, 1120 Vermont Avenue, NW., Washington, DC 20590 
(telephone: 202-493-6166).

SUPPLEMENTARY INFORMATION:

Background

    On June 24, 1992, FRA published railroad workplace safety 
regulations in 49 CFR part 214. 57 FR 28127. Subsequent amendments to 
that regulation added Subpart C, Roadway Worker Protection, and Subpart 
D, On-Track Roadway Maintenance Machines and Hi-Rail Vehicles. 61 FR 
65959 (December 16, 1996), 68 FR 44388 (July 28, 2003). Additional 
amendments have provided technical corrections and changes to improve 
the effectiveness of the regulation.
    FRA subsequently received a request from the Norfolk Southern 
Railway Company (NS) to permit NS employees who are working on a bridge 
deck over water to work without a life vest or buoyant work vest under 
circumstances in which falls are effectively prevented. NS referred to 
factual situations under the regulation, where a bridge worker who was 
located 12 feet or more over the ground was prevented from falling by 
hand rails, walkways, or acceptable work procedures and was therefore 
not required to use a personal fall arrest system. However, if the same 
circumstances prevailed on a bridge over water, the bridge worker was 
required to wear a life vest or buoyant work vest even though the 
bridge worker over water may have had the same safety hand rails, 
walkways, or acceptable work procedures in place as the bridge worker 
had over dry land. FRA considered this request, and found that the 
situation addressed by NS was not limited to one railroad. FRA 
therefore considered it advisable to provide an industry-wide 
resolution by issuing a technical amendment to the regulation.
    On February 10, 2005, FRA published an interim final rule amending 
section 214.107 to resolve this unintended inconsistency. 70 FR 7047. 
Written comments were due March 28, 2005; however, no comments were 
received, and the rule went into effect on April 11, 2005. The 
amendment now permits the exceptions in sub-paragraph (b)(2), and 
paragraphs (c) and (d) of Sec.  214.103, which previously only applied 
to the use of personal fall arrest systems and safety nets over dry 
land, to also apply to the use of life vests or buoyant work vests 
while working over water. The amendment will have the effect, in a 
common example, of permitting a railroad track inspector, when on a 
bridge that is over water and equipped with effective handrails and 
walkways, to replace a joint bolt without having to wear a life vest or 
buoyant work vest, without the need to have a life preserver within 
ready access, and without the need for ring buoys and a boat or skiff 
in the water. The amendment should also have the beneficial effect of 
encouraging bridge owners to install effective fall prevention 
components on low bridges over water in order to improve labor 
efficiency.

Section-by-Section Analysis

    No comments were received in response to the interim final rule. 
Accordingly, a section-by-section analysis is unnecessary. Please see 
the section-by-section analysis in the interim final rule at 70 FR 
7049.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule has been evaluated in accordance with existing 
policies and procedures and is not considered significant under 
Executive Order 12866 or under DOT policies and procedures. The minor 
technical changes made in this rule will not increase the costs or 
alter the benefits associated with this regulation to any measurable 
degree.

Regulatory Flexibility Act

    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 final rule clarifies existing requirements. The changes will have 
no new direct or indirect economic impact on small units of government, 
businesses, or other organizations. Therefore, it is certified that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the provisions of the Regulatory 
Flexibility Act.

Paperwork Reduction Act

    There are no paperwork requirements associated with this final 
rule.

Environmental Impact

    FRA has evaluated this rule in accordance with its procedures for 
ensuring full consideration of the environmental impact of FRA actions, 
as required by the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.), other environmental statutes, Executive Orders, and DOT Order 
5610.1c. The rule meets the criteria establishing this as a non-major 
action for environmental purposes.

Federalism Implications

    This final rule will not have a substantial effect 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. Thus, in accordance with Executive Order 13132, 
preparation of a Federalism Assessment is not warranted.

Compliance With the Unfunded Mandates Reform Act of 1995

    Pursuant to the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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).'' Sec. 201. Section 202 of the Act 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 
$120,700,000 or more 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 rule published today does not include any mandates which will 
result in the expenditure, in the aggregate, of $120,700,000 or more in 
any one year, and thus preparation of a statement is not required.

List of Subjects in 49 CFR Part 214

    Bridges, Fall arrest equipment, Incorporation by reference, 
Occupational safety and health, Personal protective equipment, Railroad 
employees, Railroad safety.

The Final Rule

    In consideration of the foregoing, the interim final rule amending 
49 CFR part

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214, which was published at 70 FR 7047 on February 10, 2005, is adopted 
as a final rule without change.

    Issued in Washington, DC on July 5, 2005.
Joseph H. Boardman,
Federal Railroad Administrator.
[FR Doc. 05-14756 Filed 7-26-05; 8:45 am]
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