[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46884-46885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20150]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 228

[Docket No. FRA-2012-0101]
RIN 2130-AC41


Hours of Service Recordkeeping; Automated Recordkeeping; 
Correction

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

ACTION: Correcting amendment.

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SUMMARY: On August 29, 2018, FRA published a final rule to reduce the 
paperwork burden associated with compliance with Federal hours of 
service laws and regulations. In preparing that final rule for 
publication, a technical error was made as described in the 
Supplementary Information. FRA is correcting this minor error so that 
the final rule clearly conforms to FRA's intent.

DATES: Effective on September 17, 2018.

FOR FURTHER INFORMATION CONTACT: Emily T. Prince, Attorney-Adviser, 
Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE, Washington, DC 
20590 (telephone 202-493-6146), [email protected].

SUPPLEMENTARY INFORMATION: In the final rule, FRA failed to include an 
instruction amending 49 CFR 228.201 to include new paragraph (c). See 
83 FR 43988. Paragraph (c) was discussed in the section-by-section 
analysis and properly published as new rule text, but was not properly 
included in an amendatory instruction. This correction remedies that 
oversight to ensure that the codified text of the section matches the 
text FRA intended.

List of Subjects in 49 CFR Part 228

    Administrative practice and procedures, Buildings and facilities, 
Hazardous materials transportation, Noise control, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

The Rule

    For the reasons discussed in the preamble, FRA amends part 228 of 
chapter II, subtitle B of title 49, Code of Federal Regulations, as 
follows:

PART 228--PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING 
AND REPORTING; SLEEPING QUARTERS

0
1. The authority citation for part 228 continues to read as follows:


[[Page 46885]]


    Authority: 49 U.S.C. 20103, 20107, 21101-21109; Sec. 108, Div. 
A, Pub. L. 110-432, 122 Stat. 4860-4866, 4893-4894; 49 U.S.C. 21301, 
21303, 21304, 21311; 28 U.S.C. 2461, note; 49 U.S.C. 103; and 49 CFR 
1.89.

0
2. In Sec.  228.201, add new paragraph (c) to read as follows:


Sec.  228.201  Electronic recordkeeping system and automated 
recordkeeping system; general.

* * * * *
    (c) If a railroad, or a contractor or subcontractor to the 
railroad, is no longer eligible to use an automated recordkeeping 
system to record data subpart B of this part requires, the entity must 
begin keeping manual or electronic records and must retain its 
automated records as required under Sec.  228.9(c) unless the entity 
requests, and FRA grants, a waiver under Sec.  211.41 of this chapter.

Juan D. Reyes III,
Chief Counsel, Federal Railroad Administration.
[FR Doc. 2018-20150 Filed 9-14-18; 8:45 am]
 BILLING CODE 4910-06-P