Amendments Updating the Address for the Federal Railroad Administration and Reflecting the Migration to the Federal Docket Management System
Federal Register: May 27, 2009 (Volume 74, Number 100)
Rules and Regulations
Page 25169-25176
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr27my09-9
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration 49 CFR Parts 200, 201, 209, 211, 212, 214, 215, 216, 219, 221, 224, 227, 228, 229, 230, 232, 235, 236, 238, 239, 240, 241, 244, 245, 256, 260, and 268
Docket No. FRA-2008-0128
RIN 2130-AB99
Amendments Updating the Address for the Federal Railroad
Administration and Reflecting the Migration to the Federal Docket
Management System
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: FRA is amending a number of its regulations to update the address of the physical headquarters of FRA and the U.S. DOT in
Washington, DC. FRA is also amending references to the Central Docket
Management System (DMS) to reflect DOT's migration to the Federal
Docket Management System (FDMS). This rule also modifies requirements for submitting petitions to the Railroad Safety Board, to make the requirements consistent with current FRA practice. Lastly, this rule updates outdated authority citations and removes parts for which authority no longer exists.
DATES: Effective May 27, 2009.
FOR FURTHER INFORMATION CONTACT: Elizabeth A. Gross, Trial Attorney,
Office of Chief Counsel, FRA, 1200 New Jersey Avenue, SE., Mail Stop 10, Washington, DC 20590 (telephone 202-493-1342), elizabeth.gross@dot.gov.
SUPPLEMENTARY INFORMATION: In December 2007, FRA moved its offices to the new U.S. DOT Headquarters located at 1200 New Jersey Avenue, SE.,
Washington, DC 20590. This final rule updates 49 CFR subtitle B, chapter II to accurately reflect the new address of FRA and DOT. This address change only affects FRA offices previously located at 1120
Vermont Avenue, NW., Washington, DC 20590 and the DOT Headquarters previously located at 400 Seventh Street, SW., Washington, DC 20590.
FRA offices located elsewhere are not affected. Additionally, on
October 26, 2007, all data on DOT's Central Docket Management System migrated to the Federal Docket Management System. This rule amends outdated references to DOT's Docket Management System in order to accurately reflect DOT's conversion to the new docket system. This rule also changes requirements for submitting
Page 25170
petitions to the Railroad Safety Board, to make clear that only one copy of a petition needs to be submitted instead of three, and that petitions should be submitted to the Docket Clerk instead of the
Secretary of the Railroad Safety Board.
This rule also updates outdated authority citations that were either repealed or were from a prior version of the United States Code.
It also removes part 201, ``Formal Rules of Practice for Passenger
Service,'' which prescribed procedures for FRA consideration of proposals to increase speed or add trains pursuant to subsections 402(f) and (h) of the Rail Passenger Service Act of 1970, Public Law 91-518, 84 Stat. 1335. DOT's authority for this part was transferred to the Surface Transportation Board in section 213 of the Passenger Rail
Investment and Improvement Act of 2008, Public Law 110-432, Div. B, 122
Stat. 4848 (2008). This rule also removes part 245, ``Railroad User
Fees'' which imposed a schedule of fees on railroads to cover the costs incurred by FRA in administering the Federal Railroad Safety Act of 1970, Public Law 91-458, 84 Stat. 971. Under 49 U.S.C. 20115(e), the statutory authority for this part expired in 1995. Lastly, the rule removes the name of a former FRA Administrator.
Public Participation
This is a final rule and there has been no notice of proposed rulemaking or opportunity for public comment. The amendments are administrative in nature and merely correct outdated references and amend procedures for submitting petitions to the Railroad Safety Board.
FRA is not exercising its discretion in a way that could be informed by public comment. As such, FRA finds that notice and public comment procedures are ``impracticable, unnecessary, or contrary to the public interest'' under 5 U.S.C. 553(b)(3)(B). For the same reasons, FRA has determined that there is good cause under 5 U.S.C. 553(d) for making these amendments effective upon publication.
Regulatory Impact
-
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 Executive Order 12866 and was not reviewed by the Office of Management and Budget. This rule is also not significant under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11304). This rule merely updates outdated references to FRA's address and docket system, and makes de minimis changes to procedures for submitting petitions to the Railroad Safety Board. As such, the economic impact of this final rule is minimal and preparation of a regulatory evaluation is not warranted.
-
Executive Order 13132
This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This final rule does 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. Therefore, preparation of a Federalism assessment under
Executive Order 13132 is not warranted.
-
Executive Order 13175
This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply.
-
Regulatory Flexibility Act
FRA certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This final rule only corrects outdated references to the address of FRA and DOT, updates references to DOT's docket system, and changes procedures for submitting petitions to the Railroad Safety Board.
-
Paperwork Reduction Act
This final rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
-
Compliance With the Unfunded Mandates Reform Act of 1995
This final rule will not result in the expenditure, in the aggregate, of $132,300,000 or more in any one year by State, local, or
Indian Tribal governments, or the private sector, and thus preparation of a statement is not required.
-
Environmental Assessment
There are no significant environmental impacts associated with this final rule.
-
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 49 CFR Part 200
Administrative practice and procedure, Railroads. 49 CFR Part 201
Administrative practice and procedure, Railroads. 49 CFR Part 209
Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 211
Administrative practice and procedure, Rules of practice. 49 CFR Part 212
Hazardous materials transportation, Intergovernmental relations,
Investigations, Railroad safety. 49 CFR Part 214
Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 215
Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 216
Penalties, Railroad safety. 49 CFR Part 219
Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Reporting and recordkeeping requirements, Safety,
Transportation. 49 CFR Part 221
Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 224
Incorporation by reference, Penalties, Railroad locomotive safety,
Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 227
Incorporation by reference, Locomotive noise control, Occupational
Page 25171
safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 228
Penalties, Railroad employees, Reporting and recordkeeping requirements. 49 CFR Part 229
Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 230
Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 232
Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 235
Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements. 49 CFR Part 236
Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 238
Fire prevention, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 239
Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 240
Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 241
Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 244
Administrative practice and procedure, Penalties, Railroad safety,
Reporting and recordkeeping requirements. 49 CFR Part 245
Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 256
Grant programs--transportation, Railroads, Reporting and recordkeeping requirements. 49 CFR Part 260
Loan programs--transportation, Railroads. 49 CFR Part 268
Grant programs--transportation, Railroads, Reporting and recordkeeping requirements.
The Final Rule 0
Accordingly, under 49 U.S.C. 20115(e) and for the reasons stated in the preamble, the Federal Railroad Administration amends 49 CFR subtitle B, chapter II as follows:
PART 200--INFORMAL RULES OF PRACTICE FOR PASSENGER SERVICE 0 1. The authority citation for part 200 is revised to read as follows:
Authority: Sec. 406 of Pub. L. 91-518, 84 Stat. 1327, as amended by sec. 10(2) of Pub. L. 93-146, 87 Stat. 548 and sec. 121 of Pub.
L. 96-73, 93 Stat. 537 (49 U.S.C. 24309); 49 CFR 1.49.
Sec. 200.5 [Amended] 0 2. Section 200.5(a) is amended by removing the words ``400 7th Street,
SW.'' and adding, in their place, the words ``1200 New Jersey Avenue,
SE.''.
PART 201--[REMOVED AND RESERVED] 0 3. Remove and reserve part 201, consisting of Sec. Sec. 201.1 through 201.23.
PART 209--RAILROAD SAFETY ENFORCEMENT PROCEDURES 0 4. The authority citation for part 209 continues to read as follows:
Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. Sec. 209.9 and 209.327 [Amended] 0 5. In 49 CFR part 209, remove the words ``400 Seventh Street, SW.'' and add, in their place, ``1200 New Jersey Avenue, SE.'' in the following places: a. Section 209.9; and b. Section 209.327(a).
PART 211--RULES OF PRACTICE 0 6. The authority citation for part 211 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20114, 20306, 20502-20504, and 49 CFR 1.49.
Sec. Sec. 211.1, 211.5, 211.7, 211.45, 211.53, and 211.55 [Amended] 0 7. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column.
Section
Remove
Add
211.1(b)(4)................. 1120 Vermont Avenue, 1200 New Jersey
NW.
Avenue, SE. 211.1(b)(4)................. Department of
U.S. Department of
Transportation
Transportation,
Central Docket
Docket Operations
Management System,
(M-30), West
Nassif Building,
Building Ground
Room Pl-401, 400
Floor, Room W12-
Seventh Street, SW. 140, 1200 New
Jersey Avenue, SE. 211.5(a)(1)................. DOT Docket
Federal Docket
Management System.
Management System. 211.5(a)(2)(i).............. DOT Docket
U.S. Department of
Management System,
Transportation, room Pl-401 (plaza
Docket Operations level), 400 Seventh (M-30), West
Street, SW.
Building Ground
Floor, Room W12- 140, 1200 New
Jersey Avenue, SE. 211.5(a)(2)(i).............. Docket Management
Federal Docket
System.
Management System. 211.5(a)(2)(ii)............. http://dms.dot.gov.. http:// www.regulations.gov
. 211.5(b).................... seventh floor, 1120 1200 New Jersey
Vermont Avenue.
Avenue, SE. 211.7(b)(2)................. DOT Central Docket
Federal Docket
Management System.
Management System. 211.7(b)(2)................. Central Docket
Federal Docket
Management System.
Management System. 211.7(b)(2)................. http://dms.dot.gov.. http:// www.regulations.gov
. 211.45(b)................... DOT Document
Federal Docket
Management System
Management System
(DMS).
(FDMS). 211.45(b)................... DMS................. FDMS. 211.45(b)................... http://dms.dot.gov.. http:// www.regulations.gov
. 211.45(b)................... DOT Docket
U.S. Department of
Management
Transportation,
Facility, Room PL-
Docket Operations 401 (Plaza Level),
(M-30), West 400 7th Street, SW. Building Ground
Floor, Room W12- 140, 1200 New
Jersey Avenue, SE. 211.45(f)(3)................ 1120 Vermont Avenue, 1200 New Jersey
NW.
Avenue, SE. 211.45(g)................... DMS................. FDMS.
Page 25172
211.45(h) introductory text. DMS................. FDMS. 211.45(h)(3)................ DOT Docket
U.S. Department of
Management
Transportation,
Facility, Room PL-
Docket Operations 401 (Plaza Level),
(M-30), West 400 7th Street, SW. Building Ground
Floor, Room 12-140, 1200 New Jersey
Avenue, SE. 211.45(h)(3)................ http://dms.dot.gov.. http:// www.regulations.gov
. 211.45(h)(3)................ DOT DMS............. FDMS. 211.45(i)................... DMS................. FDMS. 211.53...................... in triplicate to the in accordance with
Secretary, Railroad Sec. 211.7.
Safety Board. 211.55...................... in triplicate to the in accordance with
Secretary, Railroad Sec. 211.7.
Safety Board. 211.55...................... Board............... Railroad Safety
Board.
Sec. 211.7 [Amended] 0 8. Section 211.7(b)(1) is further amended by removing the words ``in triplicate''.
Appendix A to Part 211--[Amended] 0 9. Appendix A is amended by removing the words ``1120 Vermont Ave.,
NW.'' from paragraph I. and adding, in their place, ``1200 New Jersey
Avenue, SE.''.
PART 212--STATE SAFETY PARTICIPATION REGULATIONS 0 10. The authority citation for part 212 continues to read as follows:
Authority: 49 U.S.C. 20103, 20106, 20105, and 20113 (formerly secs. 202, 205, 206, and 208, of the Federal Railroad Safety Act of 1970, as amended (45 U.S.C. 431, 434, 435, and 436)); and 49 CFR 1.49.
Sec. 212.5 [Amended] 0 11. Section 212.5 is amended by removing the words ``400 Seventh
Street, SW.'' and adding, in their place, ``1200 New Jersey Avenue,
SE.''.
PART 214--RAILROAD WORKPLACE SAFETY 0 12. The authority citation for part 214 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. Sec. 214.113, 214.115, 214.117, and 214.307 [Amended] 0 13. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column:
Section
Remove
Add
214.113(b).................. 1120 Vermont Avenue 1200 New Jersey
NW.
Avenue, SE. 214.115(b).................. 1120 Vermont Avenue. 1200 New Jersey
Avenue, SE. 214.117(b).................. 1120 Vermont Avenue. 1200 New Jersey
Avenue, SE. 214.307(a).................. 400 Seventh Street, 1200 New Jersey
SW.
Avenue, SE.
PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS 0 14. The authority citation for part 215 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 215.203 [Amended] 0 15. Section 215.203(c)(2) is amended by removing the words ``in triplicate''.
PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD
TRACK, LOCOMOTIVE AND EQUIPMENT 0 16. The authority citation for part 216 continues to read as follows:
Authority: 49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701- 20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 216.5 [Amended] 0 17. Section 216.5(b) is amended by removing the words ``in triplicate''.
PART 219--CONTROL OF ALCOHOL AND DRUG USE 0 18. The authority citation for part 219 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49(m).
Sec. Sec. 219.4 and 219.211 [Amended] 0 19. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column.
Section
Remove
Add
219.4(e)(2)(i).............. Web site............ Federal eRulemaking
Portal. 219.4(e)(2)(i).............. http://dms.dot.gov.. http:// www.regulations.gov
. 219.4(e)(2)(i).............. DOT electronic
Federal Docket docket site.
Management System electronic docket site. 219.4(e)(2)(iii)............ Docket Management
U.S. Department of
Facility; U.S.
Transportation,
Department of
Docket Operations
Transportation, 400 (M-30), West
Seventh Street,
Building Ground
SW., Nassif
Floor, Room W12-
Building, Room PL- 140, 1200 New 401.
Jersey Avenue, SE. 219.4(e)(2)(iv)............. Room PL-401 on the
Room W12-140 on the plaza level of the ground floor of the
Nassif Building,
West Building, 1200 400 Seventh Street, New Jersey Avenue,
SW.
SE. 219.4(e)(3)................. http://dms.dot.gov.. http:// www.regulations.gov
. 219.211(e).................. 400 Seventh Street, 1200 New Jersey
SW.
Avenue, SE.
Page 25173
Sec. 219. 4 [Amended] 0 20. Section 219.4 is further amended by removing paragraph (e)(2)(v).
PART 221--REAR END MARKING DEVICE--PASSENGER, COMMUTER AND FREIGHT
TRAINS 0 21. The authority citation for part 221 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Appendix A to Part 221--[Amended] 0 22. Appendix A is amended as follows: 0 a. In paragraph (a)(2)(i), remove the words ``2100 Second Street SW.'' and add, in their place, ``1200 New Jersey Avenue, SE.''; and 0 b. In paragraph (d) remove the words ``in triplicate''; and 0 c. In paragraph (d) remove the words ``2100 Second Street SW.'' and add, in their place, ``1200 New Jersey Avenue, SE.''.
PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK 0 23. The authority citation for part 224 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461; and 49 CFR 1.49.
Sec. Sec. 224.15 and 224.103 [Amended] 0 24. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column.
Section
Remove
Add
224.15(b)(2)................ Three copies of each Each. 224.15(b)(2)................ 1120 Vermont Ave., 1200 New Jersey
NW.
Avenue, SE. 224.15(d)(2)................ DOT Central Docket
U.S. Department of
Management System,
Transportation,
Nassif Building,
Docket Operations
Room PL-401, 400
(M-30), West
Seventh Street, SW. Building Ground
Floor, Room W12- 140, 1200 New
Jersey Avenue, SE. 224.15(d)(2)................ Central Docket
Federal Docket
Management System
Management System and posted on its
and posted on its
Web site at http:// Web site at http:// dms.dot.gov.
www.regulations.gov
. 224.103(b).................. 1120 Vermont Ave., 1200 New Jersey
NW., Suite 7000.
Avenue, SE.,
Washington, DC 20590.
PART 227--OCCUPATIONAL NOISE EXPOSURE 0 25. The authority citation for part 227 continues to read as follows:
Authority: 49 U.S.C. 20103, 20103 (note), 20701-20702; 49 CFR 1.49.
Sec. Sec. 227.5, 227.103, and 227.111 [Amended] 0 26. In 49 CFR part 227, remove the words ``1120 Vermont Ave., NW.,
Suite 700, Washington, DC 20005'' and add, in their place, ``1200 New
Jersey Avenue, SE., Washington, DC 20590'' in the following places: a. Section 227.5, definition of ``Sound level or Sound pressure level''; b. Section 227.103(h); and c. Section 227.111(b).
Appendix B to Part 227--[Amended] 0 27A. In Appendix B to part 227, remove the words ``1120 Vermont Ave.,
Suite 700, Washington DC 20005'' and add, in their place, ``1200 New
Jersey Avenue, SE., Washington, DC 20590.''
Appendixes D and E to Part 227--[Amended] 0 27B. In 49 CFR part 227, remove the words ``1120 Vermont Ave., NW.,
Suite 700, Washington DC 20005'' and add, in their place, ``1200 New
Jersey Avenue, SE., Washington, DC 20590'', in the following places: a. Appendix D; and b. Appendix E.
PART 228--HOURS OF SERVICE OF RAILROAD EMPLOYEES 0 28. The authority citation for part 228 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21101-21108; 28 U.S.C. 2461, note and 49 CFR 1.49.
Sec. 228.103 [Amended] 0 29. Section 228.103(c) is amended by removing the words ``in triplicate with the Secretary, Railroad Safety Board, Federal Railroad
Administration, Washington, DC 20590'' and adding, in their place, ``in accordance with the requirements of Sec. 211.7(b)(1) of this chapter''.
PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS 0 30. The authority citation for part 229 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20137-38, 20143, 20701-03, 21301-02, 21304; 28 U.S.C. 2401, note; and 49 CFR 1.49(c),
(m).
Sec. Sec. 229.205, 229.207, 229.209, 229.211, and 229.217 [Amended] 0 31. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column.
Section
Remove
Add
229.205(a)(1)............... 1120 Vermont Ave., 1200 New Jersey
NW Suite 7000.
Avenue, SE. 229.207(b).................. 1120 Vermont Ave., 1200 New Jersey
NW.
Avenue, SE. 229.207(c).................. 1120 Vermont Ave., 1200 New Jersey
NW.
Avenue, SE. 229.207(d).................. 1120 Vermont Ave., 1200 New Jersey
NW.
Avenue, SE. 229.209(b).................. 1120 Vermont Ave., 1200 New Jersey
NW.
Avenue, SE. 229.211(b)(2)............... Central Docket
Docket Operations (M-
Management System, 30), West Building
Nassif Building,
Ground Floor, Room
Room PL-401, 400
W12-140, 1200 New
Seventh Street, SW. Jersey Avenue, SE. 229.211(b)(2)............... Central Docket
Federal Docket
Management System
Management System and posted on its
and posted on its
Web site at http:// Web site at http:// dms.dot.gov.
www.regulations.gov
. 229.217(a).................. 1120 Vermont Ave., 1200 New Jersey
NW., Suite 7000.
Avenue, SE.
Page 25174
Appendix A to Part 229--[Amended] 0 32. The Editorial Note of Appendix A is amended by removing the words
``400 7th St., SW.'' and adding, in their place, ``1200 New Jersey
Avenue, SE.''.
Appendix H to Part 229--[Amended] 0 33. Appendix H is amended by removing the words ``1120 Vermont Ave.,
NW., Suite 700, Washington, DC 20005'' and adding, in their place,
``1200 New Jersey Avenue, SE., Washington, DC 20590''.
PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS 0 34. The authority citation for part 230 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 230.3 [Amended] 0 35. Section 230.3 introductory text is amended by removing the words
``400 7th Street, SW'' and adding, in their place, ``1200 New Jersey
Avenue, SE.''.
Sec. 230.6 [Amended] 0 36. Section 230.6(d) is amended by removing the words ``400 Seventh
Street'' and adding, in their place, ``1200 New Jersey Avenue, SE.''.
PART 232--BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-
PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES 0 37. The authority citation for part 232 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301- 20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. Sec. 232.17, 232.103, 232.305, and 232.307 [Amended] 0 38. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column:
Section
Remove
Add
232.17(d)(1)................ 400 7th Street, SW.. 1200 New Jersey
Avenue, SE. 232.17(f)(2)................ 400 7th Street, SW.. 1200 New Jersey
Avenue, SE. 232.103(l).................. 1120 Vermont Avenue, 1200 New Jersey
NW., Suite 7000.
Avenue, SE. 232.305(a).................. 1120 Vermont Avenue, 1200 New Jersey
NW., Suite 7000.
Avenue, SE. 232.307(a).................. 400 7th Street, SW.. 1200 New Jersey
Avenue, SE.
0 39. Section 232.17 is further amended by removing the words ``in triplicate'' from: a. Paragraph (d)(1); and b. Paragraph (f)(2). 0 40. Section 232.307(a) is further amended by removing the words ``in triplicate''.
PART 235--INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A
DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR
RELIEF FROM THE REQUIREMENTS OF PART 236 0 41. The authority citation for part 235 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. 235.13 [Amended] 0 42. Section 235.13 is amended by: a. Removing paragraph (b); and b. Redesignating paragraphs (c) through (f) as paragraphs (b) through (e).
Sec. 235.14 [Amended] 0 43. Section 235.14 is amended by removing the words ``Department of
Transportation Central Docket Management System, Nassif Building, Room
Pl-401, 400 Seventh Street, SW., Washington, DC 20590, and on the
Docket Management System's Web site at http://dms.dot.gov'' and adding, in their place, ``U.S. Department of Transportation, Docket Operations
(M-30), West Building Ground Floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590, and on the Federal Docket Management
System's Web site at http://www.regulations.gov''.
Sec. 235.20 [Amended] 0 44. Section 235.20(b) is amended by removing the words ``The original and two copies of any protest'' and adding, in their place,
``Protests''.
PART 236--RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE
INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND
TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES 0 45. The authority citation for part 236 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20501-505; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. Sec. 236.905 and 236.913 [Amended] 0 46. In 49 CFR part 236, remove the words ``1120 Vermont Avenue, NW.'' and add, in their place, ``1200 New Jersey Avenue, SE.'' in the following places: a. Section 236.905(c)(1); and b. Section 236.913(c)(1). 0 47. Section 236.905(c)(1) is further amended by removing the words ``in triplicate''.
Sec. 236. 909 [Amended] 0 48. Section 236.909(d)(3)(i) is amended by removing the words ``1120
Vermont Ave., NW., Suite 7000'' and adding, in their place, ``1200 New
Jersey Avenue, SE.''.
Sec. 236. 917 [Amended] 0 49. Section 236.917(b)(1) is amended by removing the words ``1120
Vermont Ave., NW.'' and adding, in their place, ``1200 New Jersey
Avenue, SE.''
PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS 0 50. The authority citation for part 238 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49
CFR 1.49.
Sec. Sec. 238.21, 238.203, 238.229, 238.230, 238.311, and 238.505 [Amended] 0 51. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column.
Page 25175
Section
Remove
Add
238.21(d)(2)................ Three copies of each Each. 238.21(d)(2)................ 1120 Vermont Ave., 1200 New Jersey
NW.
Avenue, SE. 238.21(f)(2)................ DOT Central Docket
U.S. Department of
Management System,
Transportation,
Nassif Building,
Docket Operations
Room Pl-401, 400
(M-30), West
Seventh Street, SW. Building Ground
Floor, Room W12- 140, 1200 New
Jersey Avenue, SE. 238.21(f)(2)................ Central Docket
Federal Docket
Management System.
Management System. 238.21(f)(2)................ http://dms.dot.gov.. http:// www.regulations.gov
. 238.203(e).................. Three copies of each Each. 238.203(e).................. 1120 Vermont Ave.... 1200 New Jersey
Avenue, SE. 238.203(g)(2)............... DOT Central Docket
U.S. Department of
Management System,
Transportation,
Nassif Building,
Docket Operations
Room Pl-401, 400
(M-30), West
Seventh Street, SW. Building Ground
Floor, Room
W12B140, 1200 New
Jersey Avenue, SE. 238.203(g)(2)............... Central Docket
Federal Docket
Management System.
Management System. 238.203(g)(2)............... http://dms.dot.gov.. http:// www.regulations.gov
. 238.229(j)(1)(i)............ 1120 Vermont Ave., 1200 New Jersey
NW., Suite 7000.
Avenue, SE. 238.230(c)(2)............... 1120 Vermont Ave., 1200 New Jersey
NW., Suite 7000.
Avenue, SE. 238.311(a).................. 1120 Vermont Avenue, 1200 New Jersey
NW., Suite 7000.
Avenue, SE. 238.505(a).................. 1120 Vermont Ave.... 1200 New Jersey
Avenue, SE. 238.505(b)(2)............... Three copies of each Each. 238.505(b)(2)............... 1120 Vermont Ave.... 1200 New Jersey
Avenue, SE.
Appendix B to Part 238--[Amended] 0 52. Paragraph (a) introductory text of Appendix B is amended by removing the words ``1120 Vermont Ave., NW., Suite 7000'' and adding, in their place, ``1200 New Jersey Avenue, SE., Washington, DC 20590''.
PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS 0 53. The authority citation for part 239 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49(c), (g),
(m).
Sec. 239.201 [Amended] 0 54. Section 239.201(a) is amended by removing the words ``Mail Stop 25, 400 Seventh Street, SW.'' and adding, in their place, ``1200 New Jersey
Avenue, SE., Mail Stop 25''.
PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS 0 55. The authority citation for part 240 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. Sec. 240.111, 240.403, 240.405, 240.407, and 240.411 [Amended] 0 56. In the table below, for each section indicated in the left column, remove the words indicated in the middle column from wherever they appear in the section, and add the words indicated in the right column.
Section
Remove
Add
240.111(d).................. 400 Seventh Street, 1200 New Jersey
SW.
Avenue, SE. 240.403(b)(2)............... 1120 Vermont Avenue, 1200 New Jersey
NW.
Avenue, SE. 240.405(d)(3)............... 400 Seventh Street 1200 New Jersey
SW.
Avenue, SE. 240.407(b).................. Department of
U.S. Department of
Transportation
Transportation,
Central Docket
Docket Operations
Management System,
(M-30), West
Nassif Building,
Building Ground
Room Pl-401, 400
Floor, Room W12-
Seventh Street, SW.. 140, 1200 New
Jersey Avenue, SE. 240.407(b).................. Central Docket
Federal Docket
Management System.. Management System 240.407(b).................. http://dms.dot.gov.. http:// www.regulations.gov
. 240.411(a).................. 400 Seventh Street 1200 New Jersey
SW.
Avenue, SE.
0 57. Section 240.403 is amended by redesignating paragraphs (b)(3)(iv) through (v) as paragraphs (b)(3)(v) through (vi) and adding a new paragraph (b)(3)(iv) to read as follows:
Sec. 240.403 Petition requirements.
* * * * *
(b) * * *
(3) * * *
(iv) The petitioner's e-mail address (if available);
* * * * *
Appendix B to Part 240--[Amended] 0 58. Appendix B is amended by removing the words ``400 Seventh Street,
SW.'' and adding, in their place, ``1200 New Jersey Avenue, SE.''.
Appendix C to Part 240--[Amended] 0 59. Appendix C is amended by removing the words ``400 Seventh Street,
SW.'' and adding, in their place, ``1200 New Jersey Avenue, SE.''.
PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF
UNITED STATES RAIL OPERATIONS 0 60. The authority citation for part 241 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28
U.S.C. 2461, note; 49 CFR 1.49.
Sec. 241.7 [Amended] 0 61. Section 241.7(a)(2)(iii) is amended by removing the words ``1120
Vermont Avenue, NW.,'' and adding, in their place, ``1200 New Jersey
Avenue, SE., Mail''.
Page 25176
PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING
RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL 0 62. The authority citation for part 244 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461, note; and 49 CFR 1.49.
Sec. 244.17 [Amended] 0 63. Section 244.17(a) is amended by removing the words ``1120 Vermont
Avenue, NW.'' and adding, in their place, ``1200 New Jersey Avenue,
SE.''.
PART 245--[REMOVED AND RESERVED] 0 64. Remove and reserve part 245, consisting of Sec. Sec. 245.1 through 245.303.
PART 256--FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS 0 65. The authority citation for part 256 is revised to read as follows:
Authority: Sec. 4(i) of the Department of Transportation Act, 49
U.S.C. 5561-5568, as amended by (1) sec. 15 of the Amtrak
Improvement Act of 1974, Public Law 93-496, 88 Stat. 1528; (2) sec. 13 of the Amtrak Improvement Act of 1975, Public Law 94-25, 89 Stat. 93; (3) sec. 706 of the Railroad Revitalization and Regulatory
Reform Act of 1976, Publaw Law 94-210, 90 Stat. 125; and (4) sec. 219(a) of the Rail Transportation Improvement Act, Public Law 94- 555, 90 Stat. 2629; and regulations of the Office of the Secretary of Transportation, 49 CFR 1.49(r).
Sec. 256.11 [Amended] 0 66. Section 256.11(f)(2) is amended by: 0 a. Removing the words ``and two (2) copies''; 0 b. Removing the words ``400 7th Street SW.'' and adding, in their place, ``1200 New Jersey Avenue, SE.''. 0 c. Removing the words ``Each copy shall show the dates and signatures that appear in the original and shall be complete in itself.''
PART 260--REGULATIONS GOVERNING LOANS AND LOAN GUARANTEES UNDER THE
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM 0 67. The authority citation for part 260 continues to read as follows:
Authority: 45 U.S.C. 821, 822, 823; 49 CFR 1.49.
Sec. 260.31 [Amended] 0 68. Section 260.31(e) is amended by removing the words ``1120 Vermont
Ave., NW.'' and adding, in their place, ``1200 New Jersey Avenue, SE.''
PART 268--MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
PROGRAM 0 69. The authority citation for part 268 continues to read as follows:
Authority: 49 U.S.C. 322; 23 U.S.C. 322; 49 CFR 1.49.
Sec. 268.13 [Amended] 0 70. Section 268.13 is amended by removing the words ``400 Seventh
Street, SW.'' and adding, in their place, ``1200 New Jersey Avenue,
SE.'' and by removing ``Honorable Jolene M. Molitoris,''.
Issued in Washington, DC, on May 15, 2009.
Joseph Szabo,
Administrator, Federal Railroad Administration.
FR Doc. E9-12039 Filed 5-26-09; 8:45 am
BILLING CODE 4910-06-P
