
[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updates outdated authority citations and removes parts for which 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outdated references to DOT's Docket Management System in order to 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

A. 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.

B. 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.

C. 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.

D. 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.

E. 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).

F. 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.

G. Environmental Assessment

    There are no significant environmental impacts associated with this 
final rule.

H. 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
