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DOT/FRA RIN: 2130-AC62 Publication ID: Fall 2016 
Title: ●Railroad Police Officers 

FRA is amending its regulations on railroad police officers (49 CFR part 207) to implement section 11412 of the FAST Act (Pub. L. 114-94). Consistent with section 11412, the final rule will allow commissioned railroad police officers directly employed by or contracted by railroads to enforce laws of any jurisdiction in which the employing railroad owns property, subject to the provisions of 49 U.S.C. 28101. Previously, part 207 did not permit railroads to hire contractors as railroad police officers. Also consistent with the FAST Act, the final rule creates a process for accommodating transfers of railroad police officers from one state of primary employment or residence to a state other than the one he or she is commissioned in by providing 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 49 U.S.C. 28101. FRA is issuing this rule as a final rule because it finds, for good cause, that 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 an existing regulation, but FRA is exercising no discretion in doing so. See, e.g., Komjathy v. National Transp. Safety Bd., 832 F.2d 1294 (D.C. Cir. 1987), cert. denied by Komjathy v. Administrator, Federal Aviation Admin., 486 U.S. 1057 (1988).

Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 207   
Legal Authority: Pub. L. 114-94, sec. 11412   
Legal Deadline:  None
Action Date FR Cite
Final Rule  11/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Kathryn Shelton
Trial Attorney
Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 493-6063