[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88127-88133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29256]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 207
[Docket No. FRA-2016-0107, Notice No. 1]
RIN 2130-AC62
Railroad Police Officers
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This rule amends FRA's regulations on railroad police officers
to implement certain provisions of the Fixing America's Surface
Transportation
[[Page 88128]]
(FAST) Act. Consistent with the FAST Act, FRA is amending its
regulations to allow: Railroads to hire contractors as railroad police
officers; railroad police officers to transfer from one state to
another without immediately needing to be commissioned or certified in
the new state; and a state to recognize an officer's training at
another state's recognized police academy or at a Federal law
enforcement training center as meeting the state's basic police officer
certification or commissioning requirements.
DATES: This final rule is effective February 6, 2017.
FOR FURTHER INFORMATION CONTACT: Gareth Rosenau, Office of Chief
Counsel, Federal Railroad Administration, Mail Stop 10, Room W31-316,
1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202-493-
6054).
SUPPLEMENTARY INFORMATION:
I. Background
Prior to enactment of the FAST Act (Pub. L. 114-94 (Dec. 4, 2015)),
49 U.S.C. 28101 (Section 28101) authorized railroad employees
commissioned or certified as police officers by any state to enforce,
consistent with DOT regulations, the laws of any state where the
railroad police officer's employer owns property to protect railroad
property, personnel, passengers, and cargo. Section 28101 did not allow
railroads to hire contractor railroad police officers or allow a
railroad police officer to transfer from one state to another unless
that officer was immediately commissioned or certified in the new
state. Section 28101 also did not address training railroad police
officers, except general references to the certification or
commissioning of the officers under state law. FRA's regulations at 49
CFR part 207 implement Section 28101.
FAST Act Section 11412(b) (Section 11412) revised Section 28101 to
allow: (1) Railroads to hire contractors as railroad police officers;
(2) railroad police officers to transfer from one state to another
without immediately needing to be commissioned or certified in the new
state; and (3) a state to recognize an officer's training at another
state's recognized police academy or a Federal law enforcement training
center meets the state's basic police officer certification or
commissioning requirements.\1\
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\1\ Section 11412 of the FAST Act also contained provisions
modifying 49 U.S.C. 24305(e) (authorizing Amtrak to employ railroad
police officers) and 18 U.S.C. 922(z)(2)(B) (excepting railroad
police officers from certain restrictions related to handguns).
These provisions are self-executing and require no revision to part
207 or any other FRA regulation.
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Section 11412 also requires the Secretary of Transportation
(Secretary) to, within one year of enactment of the FAST Act, revise
part 207 consistent with Section 11412. The authority to carry out this
mandate is delegated to FRA. See 49 CFR 1.89(a). In issuing this final
rule, neither the Secretary nor FRA is exercising any discretion in
modifying part 207. Instead, this final rule merely incorporates the
new Section 11412 statutory language into existing part 207 and, in
certain instances, updates part 207 to ensure consistent application of
the regulation, as modified by the FAST Act.
II. The FAST Act's Specific Mandates Addressed in This Final Rule
The FAST Act made three substantive revisions to existing Section
28101. First, the FAST Act revised Section 28101 paragraphs (a) and (b)
to allow railroad police officers to be either direct employees of a
railroad or contractors to a railroad (prior to the FAST Act, Section
28101 required railroad police officers to be ``employed by'' a
railroad). Specifically, the FAST Act amended Section 28101(a) (the
general authorizing provision for railroad police officers) to specify
railroad police officers may be ``directly employed by or contracted
by'' railroads. This change allows railroads to not only directly
employ railroad police officers, but also to hire contractors as
railroad police officers. In Section 28101(b) (which allows a railroad
police officer to be temporarily assigned to assist a second railroad),
the FAST Act revised the words ``employed by'' to ``directly employed
by or contracted by'' and specified that a railroad police officer
assisting a second railroad is an employee ``or agent, as applicable''
of the second railroad carrier.
Second, the FAST Act added a new paragraph (c) to Section 28101
addressing the transfer of railroad police officers from one state of
employment or residence to a state other than the one where he or she
is commissioned. New paragraph (c) provides a one year interim period
for the officer to become commissioned in the new state, while
retaining authority to enforce laws in the new state under Section
28101.
Third, the FAST Act added a new paragraph (d) to Section 28101
specifically allowing a state to allow a railroad police officer's
training at another state's recognized police academy or at a Federal
law enforcement training center to meet the state's basic police
officer certification or commissioning requirements.
III. Justification for Final Rule
FRA is proceeding directly to a final rule in this proceeding
because it finds, for good cause, notice and public comment is
unnecessary because the public would not benefit from such notice. See
5 U.S.C. 553(b)(B). In this rule, FRA is merely incorporating the new
statutory language of the FAST Act into existing part 207, and, in
doing so, is exercising no discretion. See, e.g., Komjathy v. National
Transp. Safety Bd., 832 F.2d 1294 (D.C. Cir. 1987), cert. denied,
Komjathy v. Administrator, Federal Aviation Admin., 486 U.S. 1057
(1988).
IV. Section-by-Section Analysis
Section 207.1 Application
Existing Sec. 207.1 states part 207 applies to ``all railroads,''
as defined in section 202(e) of the Federal Railroad Safety Act of
1970. FRA is updating this section to accurately reflect the current
statutory cite for the term ``railroad.'' 49 U.S.C. 20103. This only
updates an outdated statutory citation and is not a substantive
amendment.
Section 207.2 Definitions
Existing paragraph (a) of Sec. 207.2 defines ``railroad police
officer'' as a ``peace officer who is commissioned in his or her state
of legal residence or state of primary employment and employed by a
railroad to enforce state laws for the protection of railroad property,
personnel, passengers, and/or cargo.'' Consistent with the mandate of
Section 11412, this rule revises this definition by clarifying that
term includes peace officers ``directly employed by'' or ``contracted
by'' a railroad.
Section 207.3 Designation and Commissioning
Existing paragraph (b) of Sec. 207.3 requires railroad police
officers to be commissioned by the officer's state of legal residence
or the officer's state of primary employment. Consistent with Section
11412's new provision providing for a one year interim period for an
officer transferring from one state of employment or residence to
another to become commissioned or certified in the new state, FRA is
revising this paragraph to except railroad police officers from this
commissioning requirement during such an interim period by referencing
new Sec. 207.6 (discussed below).
[[Page 88129]]
Section 207.6 Transfers
Consistent with new Section 28101(c), FRA is adding new Sec. 207.6
to address transferring railroad police officers from one state of
employment or residence to a state other than the one where he or she
is commissioned. Section 207.6(a) provides that if a railroad police
officer certified or commissioned as a police officer under the laws of
a state or jurisdiction transfers primary employment or residence from
the certifying or commissioning state to another state or jurisdiction,
then the railroad police officer must apply to be certified or
commissioned as a police officer under the laws of the state of new
primary employment or residence not later than one year after the date
of transfer. Section 207.6(b) provides that during the period beginning
on the date of transfer and ending one year after the date of transfer,
a railroad police officer certified or commissioned as a police officer
under the laws of a state may enforce the laws of the new state or
jurisdiction in which the railroad police officer resides, to the same
extent as provided in existing Sec. 207.5(a) governing the authority
of railroad police officers in states where the officer is not
commissioned or certified.
Section 207.7 Training
Consistent with new Section 28101, FRA is adding new Sec. 207.7
specifically allowing a state to recognize a railroad police officer's
training at another state's recognized police academy or at a Federal
law enforcement training center meets the state's basic police officer
certification or commissioning requirements. Tracking paragraph (d)(1)
of Section 28101, paragraph (a) of new Sec. 207.7 specifically allows
states to recognize its basic police officer certification or
commissioning requirements for qualification as a railroad police
officer are met by any individual who successfully completes a program
at another state's state-recognized police training academy or a
Federal law enforcement training center and who is certified or
commissioned as a police officer by that other state. Tracking
paragraph (d)(2) of Section 28101, paragraph (b) of new Sec. 207.7
explains the rule may not be construed to supersede or affect any state
training requirements related to criminal law, civil procedure, motor
vehicle code, any other state law, or state-mandated comparative or
annual in-service training academy or Federal law enforcement training
center.
V. Regulatory Impact and Notices
A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures
FRA evaluated this final rule under existing policies and
procedures and determined it is non-significant, under both Executive
Orders 12866 and 13563, and DOT policies and procedures. See 44 FR
11034, Feb. 26, 1979. Because FRA determined the anticipated costs from
this final rule are de minimis, FRA did not prepare a separate
regulatory impact assessment document. Instead, FRA summarized its
assessment of the cost and benefit expected to result from
implementation of this final rule here.
First, FRA found this final rule will not create any additional
burden on any entities. Thus, we do not expect the rule to result in
any costs, either quantifiable or non-quantifiable, as the rule does
not create any additional requirements entities must follow.
Second, FRA found the final rule provides benefits to entities and
benefits to workers from the three provisions allowing: (1) Railroads
to hire contractor police officers; (2) railroad police officers to
transfer from one state to another without immediately needing to be
commissioned or certified in the new state; and (3) a state to
recognize an officer's training at another state's recognized police
academy or at a Federal law enforcement training center meets the
state's basic police officer certification or commissioning
requirements.
Providing entities with the ability to employ contractor police
officers more easily allows entities to adjust employment rolls based
upon their business needs. Providing flexibility for railroad police
officers to transfer from one state to another allows for increased
mobility of railroad police officers to meet interstate business needs.
Increased interstate worker mobility addresses the current geographic
immobility of railroad police officers caused by existing law that
typically requires railroad police officers to be commissioned within
their states of residence or primary employment. Similar to how
allowing railroads to employ contractor police officers will lead to
increased interstate worker mobility, allowing states to recognize an
officer's training completed within another state or at a Federal law
enforcement training center as meeting that state's basic police
officer certification or commissioning requirements will likewise
increase the interstate mobility of railroad police officers.
Thus, FRA concludes this final rule will result in several non-
quantifiable benefits that allow railroads to more efficiently allocate
the railroad police officer workforce based upon employment needs.
Therefore, the final rule benefits workers because there is increased
worker mobility, and the final rule benefits railroads, because of the
increased flexibility and efficiency they have to allocate railroad
police officers.
It is important to note the total number of railroad police
officers is not expected to change as a result of this final rule.
However, this final rule may result in a more stable labor market for
railroad police officers, with a lower employment turnover rate, since
railroad police officers can more easily relocate.
B. Regulatory Flexibility Act and Executive Order 13272; Certification
FRA developed this final rule under Executive Order 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') and DOT's
procedures and policies to promote compliance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) to ensure potential impacts of
rules on small entities are properly considered.
The Regulatory Flexibility Act requires an agency to review
regulations to assess their impact on small entities. An agency must
conduct a regulatory flexibility analysis unless it determines and
certifies that a rule is not expected to have a significant economic
impact on a substantial number of small entities.
This final rule will apply to all entities employing or contracting
for railroad police officers. Because the final rule does not impose
any substantive requirements on regulated entities (either large or
small), FRA estimates this rule imposes no costs on regulated entities.
Thus, because this final rule does not create any costs, it will not
result in greater costs per employee for small entities as compared to
large entities.
FRA estimates there are fewer than 5 railroads that are both small
entities for purposes of this analysis, and that employ or contract for
railroad police officers. Moreover, because there are no costs
associated with this final rule, the economic impact on these small
entities is not significant.
1. Description of Regulated Entities and Impacts
The ``universe'' of entities under consideration includes only
those small entities that can reasonably be expected to be directly
affected by this final rule. The only small entities potentially
[[Page 88130]]
affected by this final rule are small railroads that employ or contract
for railroad police officers.
``Small entity'' is defined in 5 U.S.C. 601 (Section 601). Section
601(6) defines ``small entity'' as having ``the same meaning as the
terms `small business', `small organization' and `small governmental
jurisdiction' '' as defined by Section 601. Section 601(3) defines
``small business'' as having the same meaning as ``small business
concern'' under Section 3 of the Small Business Act. Section 601(4)
defines ``small organization'' as ``any not-for-profit enterprise which
is independently owned and operated and is not dominant in its field.''
Section 601(5) defines ``small governmental jurisdiction'' as
``governments of cities, counties, towns, townships, villages, school
districts, or special districts, with a population of less than fifty
thousand.''
The U.S. Small Business Administration (SBA) stipulates ``size
standards'' for small entities. It provides that the largest a for-
profit railroad business firm may be (and still be classified as a
``small entity'') is 1,500 employees for ``Line-Haul Operating
Railroads'' and 500 employees for ``Short-Line Operating
Railroads.''\2\ Additionally, 5 U.S.C. 601(5) defines as ``small
entities'' governments of cities, counties, towns, townships, villages,
school districts, or special districts with populations less than
50,000.
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\2\ ``Table of Size Standards,'' U.S. Small Business
Administration, Jan. 31, 1996, 13 CFR part 121.
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Federal agencies may adopt their own size standards for small
entities in consultation with SBA and in conjunction with public
comment. Under that authority, FRA has published a final statement of
agency policy formally establishing for FRA's regulatory purposes
``small entities'' or ``small businesses'' as railroads, contractors,
and hazardous materials shippers that meet the revenue requirements of
a Class III railroad as set forth in 49 CFR 1201.1-1 (which is $20
million or less in inflation-adjusted annual revenues, and commuter
railroads or small governmental jurisdictions that serve populations of
50,000 or less).\3\ FRA used this definition for this rulemaking.
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\3\ See 49 CFR part 209, appendix C.
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FRA could not exactly quantify the number of entities that could be
impacted by this final rule if there was a burden. However, evidence
exists that, because of resource constraints, most Class III railroads
(small entities) do not employ railroad police officers. See ASLRRA
Aims to Help 560 Roads Address Hazmat Car Security, Progressive
Railroading, April 2009. Nevertheless, there may be commuter railroads
or small governmental jurisdictions that serve populations of 50,000 or
less that would be considered small entities and would be impacted by
this final rule with no associated burden. Although there is no
associated burden, FRA conservatively estimates this final rule will
impact approximately 30 railroads, five of which meet FRA's definition
of a ``small entity.''
There are approximately 695 small railroads (as defined by revenue
size). Class III railroads do not report to the STB, and the precise
number of Class III railroads is difficult to ascertain due to
conflicting definitions, conglomerates, and even seasonal operations.
Potentially, all small railroads could be impacted by this final
regulation, but there is no reason to believe that any additional small
railroads are likely to employ or contract for railroad police
officers.
Significant Economic Impact Criteria
Previously, FRA sampled small railroads and found that revenue
averaged approximately $4.7 million (not discounted) in 2006. One
percent of that average annual revenue per small railroad is $47,000.
FRA realizes that some railroads will have lower revenue than $4.7
million. FRA estimates that this rule will not result in any additional
expense to small railroads over the next ten years, as the final rule
does not require entities to comply with anything. That is, while this
final rule provides entities with relaxed constraints on how to employ
railroad police officers, this final rule does not introduce any new
requirements itself. Therefore, FRA concludes there is no expected
burden for this final rule so it will not have a significant impact on
the financial position of small entities, or on the small entity
segment of the railroad industry as a whole.
Substantial Number Criteria
Because this final rule does not contain any provision requiring
action on the part of entities, either large or small, this final rule
will not impact a substantial number of small entities.
2. Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), FRA
certifies this final rule will not have a significant economic impact
on a substantial number of small entities.
C. Paperwork Reduction Act
The information collection requirements in this final rule are
being submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
The sections that contain the new and current information collection
requirements are duly designated, and the estimated time to fulfill
each requirement is as follows:
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Total annual Average time per Total annual
CFR Section/subject Respondent universe responses response burden hours
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207.4--RR Notice to State 763 railroads...... 35 notices......... 5 hours............ 175
Officials--Written notice of RR
police officer's commission to
each state in which the RR
police officer shall protect the
railroad's property, personnel,
passengers, and cargo.
--RR Copy of Written Notices 763 railroads...... 35 records/copies.. 10 minutes......... 6
to State Officials.
207.6--Transfers--Application by 763 railroads...... 30 state 1 hour............. 30
RR police officer for new state certification
certification/commission when applications.
transferring primary employment
or residence from one State to
Another (New Provision).
[[Page 88131]]
207.7--Training--RR police 763 railroads...... 30 trained RR 40 hours........... 1,200
officer training successful police officers.
completion at a state's police
academy training program in one
state recognized by other state
(New Provision).
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All estimates include the time for reviewing instructions;
searching existing data sources; gathering or maintaining the needed
data; and reviewing the information. For information or a copy of the
unchanged paperwork package submitted to OMB, contact Mr. Robert Brogan
at 202-493-6292 or Ms. Kimberly Toone at 202-493-6132 or via email at
the following addresses: [email protected]; [email protected].
Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Office of Information and Regulatory Affairs,
Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be
sent via email to the Office of Management and Budget at the following
address: [email protected]
OMB is required to make a decision concerning the collection of
information requirements contained in this final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment to OMB is best assured of having its full effect
if OMB receives it within 30 days of publication.
FRA cannot impose a penalty on persons for violating information
collection requirements which do not display a current OMB control
number, if required. FRA intends to obtain current OMB control numbers
for any new information collection requirements resulting from this
rulemaking action prior to the effective date of the final rule. The
OMB control number, when assigned, will be announced by separate notice
in the Federal Register.
D. Federalism
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, the agency
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. Where a
regulation has federalism implications and preempts state law, the
agency seeks to consult with state and local officials in the process
of developing the regulation.
This final rule has been analyzed consistent with the principles
and criteria in Executive Order 13132. FRA has determined this rule
does not have substantial direct 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. This rule does not impose substantial direct compliance
costs on state and local governments. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply.
E. Environmental Impact
FRA has evaluated this final rule consistent with the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other
environmental statutes, related regulatory requirements, and its
``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
(64 FR 28545, May 26, 1999). FRA has determined this final rule is
categorically excluded from detailed environmental review under section
4(c)(20) of FRA's NEPA Procedures, ``Promulgation of railroad safety
rules and policy statements that do not result in significantly
increased emissions of air or water pollutants or noise or increased
traffic congestion in any mode of transportation.'' See 64 FR 28547,
May 26, 1999. Categorical exclusions (CEs) are actions identified in an
agency's NEPA implementing procedures that do not normally have a
significant impact on the environment and therefore do not require
either an environmental assessment (EA) or environmental impact
statement (EIS). See 40 CFR 1508.4.
In analyzing the applicability of a CE, the agency must also
consider whether extraordinary circumstances are present that would
warrant a more detailed environmental review through the preparation of
an EA or EIS. Id. Consistent with section 4(c) and (e) of FRA's
Procedures, the agency has further concluded no extraordinary
circumstances exist with respect to this regulation that might trigger
the need for a more detailed environmental review. The purpose of this
rulemaking is to conform FRA's regulation on railroad police officers
to the statutory provisions of Section 11412 of the FAST Act which
provide additional flexibility for railroads to hire, employ, and train
railroad police officers than previously provided. FRA does not
anticipate any environmental impacts from this requirement and finds
that there are no extraordinary circumstances present in connection
with this final rule.
F. Executive Order 13175 (Tribal Consultation)
FRA has evaluated this final rule consistent with the principles
and criteria in Executive Order 13175, Consultation and Coordination
with Indian Tribal Governments, dated November 6, 2000. The final rule
would not have a substantial direct effect on one or more Indian
tribes, would not impose substantial direct compliance costs on Indian
tribal governments, and would not preempt tribal laws. Therefore, the
funding and consultation requirements of Executive Order 13175 do not
apply, and a tribal summary impact statement is not required.
G. Executive Order 12898 (Environmental Justice)
Executive Order 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, and DOT
Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to
achieve environmental justice as part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or
[[Page 88132]]
environmental effects, including interrelated social and economic
effects, of their programs, policies, and activities on minority
populations and low-income populations. The DOT Order instructs DOT
agencies to address compliance with Executive Order 12898 and
requirements within the DOT Order in rulemaking activities, as
appropriate. FRA has evaluated this rule under Executive Order 12898
and the DOT Order and determined it would not cause disproportionately
high and adverse human health and environmental effects on minority
populations or low-income populations.
H. Unfunded Mandates Reform Act of 1995
Under Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4, 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 the promulgation of any rule that includes
any Federal mandate that may result in 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. This final rule will not result in the expenditure, in
the aggregate, of $100,000,000 or more (as adjusted annually for
inflation) in any one year, and thus preparation of such a statement is
not required.
I. Energy Impact
Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' 66
FR 28355, May 22, 2001. Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation, including
notices of inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking: (1)(i) That is a significant regulatory action
under Executive Order 12866 or any successor order, and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy; or (2) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. FRA has evaluated this final rule consistent with Executive
Order 13211. FRA has determined this final rule is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Consequently, FRA has determined this final rule is not a
``significant energy action'' within the meaning of Executive Order
13211.
J. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39, 19 U.S.C. 2501 et
seq.) prohibits Federal agencies from engaging in any standards setting
or related activities that create unnecessary obstacles to the foreign
commerce of the United States. Legitimate domestic objectives, such as
safety, are not considered unnecessary obstacles. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
FRA has assessed the potential effect of this final rule on foreign
commerce and believes its requirements are consistent with the Trade
Agreements Act of 1979. The requirements imposed relate to safety
standards, which, as noted, are not considered unnecessary obstacles to
trade.
K. Privacy Act
Consistent with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides to, www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
List of Subjects in 49 CFR Part 207
Law enforcement, Law enforcement officers, Railroad employees,
Railroad safety.
The Rule
In consideration of the foregoing, FRA amends chapter II, subtitle
B of title 49, Code of Federal Regulations as follows:
PART 207--[AMENDED]
0
1. The authority citation for part 207 continues to read as follows:
Authority: 49 U.S.C. 28101; 49 CFR 1.89.
0
2. Revise Sec. 207.1 to read as follows:
Sec. 207.1 Application.
This part applies to all railroads as defined in 49 U.S.C. 20103.
0
3. Revise Sec. 207.2(a) to read as follows:
Sec. 207.2 Definitions.
* * * * *
(a) Railroad police officer means a peace officer who is
commissioned in his or her state of legal residence or state of primary
employment and directly employed by or contracted by a railroad to
enforce state laws for the protection of railroad property, personnel,
passengers, and/or cargo.
* * * * *
0
4. Revise Sec. 207.3(b) to read as follows:
Sec. 207.3 Designation and commissioning.
* * * * *
(b) Except as provided by Sec. 207.6, the designated railroad
police officer shall be commissioned by the railroad police officer's
state of legal residence or the railroad police officer's state of
primary employment.
0
5. Add Sec. 207.6 to read as follows:
Sec. 207.6 Transfers.
(a) General. If a railroad police officer certified or commissioned
as a police officer under the laws of a state or jurisdiction transfers
primary employment or residence from the certifying or commissioning
state to another state or jurisdiction, then the railroad police
officer must apply to be certified or commissioned as a police officer
under the laws of the state of new primary employment or residence not
later than one (1) year after the date of transfer.
(b) Interim period. During the period beginning on the date of
transfer and ending one year after the date of transfer, a railroad
police officer certified or commissioned as a police officer under the
laws of a state may enforce the laws of the new state or jurisdiction
in which the railroad police officer resides, to the same extent as
provided in Sec. 207.5(a).
0
6. Add Sec. 207.7 to read as follows:
Sec. 207.7 Training.
(a) A state may consider an individual to have met that state's
basic police officer certification or commissioning requirements for
qualification as a railroad police officer under this section if that
individual:
(1) Has successfully completed a program at a state-recognized
police training academy in another state or at a Federal law
enforcement training center; and
(2) Is certified or commissioned as a police officer by the other
state.
[[Page 88133]]
(b) Nothing in this section shall be construed as superseding or
affecting any state training requirements related to criminal law,
civil procedure, motor vehicle code, any other state law, or state-
mandated comparative or annual in-service training academy or Federal
law enforcement training center.
Issued in Washington, DC, on December 1, 2016.
Amitabha Bose,
Acting Administrator.
[FR Doc. 2016-29256 Filed 12-6-16; 8:45 am]
BILLING CODE 4910-06-P