[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:

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
       CFR Section/subject         Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
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