Federal Railroad Administration 2007 – Federal Register Recent Federal Regulation Documents

Using data from Management Information System annual reports, FRA has determined that the 2006 rail industry random testing positive rates were 0.60 percent for drugs and 0.13 percent for alcohol. Because the industry-wide random drug testing positive rate has remained below 1.0 percent for the last two years, the Federal Railroad Administrator (Administrator) has determined that the minimum annual random drug testing rate for the period January 1, 2008, through December 31, 2008, will remain at 25 percent of covered railroad employees. In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2008, through December 31, 2008.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on October 5, 2007 (72 FR 57097).

FRA is issuing this notice to advise the public that it will jointly prepare an environmental impact statement (EIS) with the New York State Urban Development Corporation d/b/a Empire State Development Corporation (ESDC) to assess the proposed Expanded Moynihan/Penn Station Redevelopment Project (the project) in New York City. The project is a comprehensive public/private development initiative to adaptively reuse the historic James A. Farley Building and the Western Annex (collectively referred to as the Farley Complex) as a new train station (Moynihan West) and relocated Madison Square Garden, to reconstruct critical station and circulation elements at the existing Pennsylvania Station (Penn Station) referred to herein as Moynihan East, and to implement transit-oriented private development. FRA is issuing this notice to solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by ESDC and its representatives will be considered in the preparation of the EIS. The EIS will be prepared in accordance the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the applicable regulations implementing NEPA as set forth in 40 CFR 1500-1508, FRA's Procedures for Considering Environmental Impacts found at 64 FR 28545 (May 26, 1999), and the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations found at 6 New York Code of Rules and Regulations Part 617. The EIS will also address as necessary Section 106 of the National Historic Preservation Act, Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 U.S.C. 303) (DOT Act) and other applicable federal and state laws and regulations. The EIS will evaluate a ``Preferred Alternative,'' a ``No Action Alternative'' and various build alternatives that modify elements of the Preferred Alternative. There are two options under consideration for the Preferred Alternative. Under either of these options, the development of the Project would occur at the Farley Complex (Block 755) owned by ESDC and bounded by Ninth Avenue to the west, Eighth Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Penn Station Block (Block 781) bounded by Eighth Avenue to the west, Seventh Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Railroad Service Building (Block 780, Lot 60) located mid-block on West 31st Street across the street from Penn Station; the eastern and western portions of the One Penn Plaza Block (Block 783) bounded by Eighth and Seventh Avenues and West 33rd to West 34th Streets; and the United States Postal Service (USPS) Morgan Facility and Annex located on two full blocks (Blocks 726 and 727) bounded by Tenth Avenue to the west, Ninth Avenue to the east and between West 28th and West 30th Streets ESDC may also acquire properties on one or more blocks immediately adjacent to the Penn Station Block to facilitate the construction of a loading dock and other support facilities for Moynihan Station, and to otherwise further the goals of the project. In addition, under one of the two options being considered, the City of New York would establish a new zoning subdistrict (the Subdistrict Option). This Subdistrict Option would allow development rights from the Penn Station Block to be transferred under certain specified conditions to receiving sites located within the subdistrict and at prescribed maximum floor areas. It is anticipated that the boundaries of the proposed subdistrict would include approximately 20 city blocks surrounding the Penn Station Block, extending as far south as West 28th Street, as far north as West 36th Street, as far east as within 200 feet west of Fifth Avenue, and as far west as 200 feet west of Ninth Avenue. In a related zoning action to be examined in the EIS, the City, in connection with the Subdistrict Option only, has proposed to change the underlying zoning classifications for a number of lots or blocks within the proposed subdistrict from manufacturing and commercial uses (M1-5, M1-6, C6-3X, C6-4X and C6-4M) to C6-4. This zoning change, if adopted by the City, would allow residential uses in certain areas where such uses are not currently permitted by zoning.

FRA is updating its announcement of RSAC's working group activities to reflect its current status.

FRA is revising the existing requirements related to sanders on locomotives. This rule modifies the existing regulations by permitting additional flexibility in the use of locomotives with inoperative sanders. The rule provides railroads the ability to better utilize their locomotive fleets while ensuring that locomotives are equipped with operative sanders in situations where they provide the most benefit from a safety and operational perspective. The rule also makes the regulations related to operative sanders more consistent with existing Canadian standards related to the devices.

The Federal Railroad Administration (FRA) announces the next meeting of the Railroad Safety Advisory Committee (RSAC), a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics include opening remarks from the FRA Administrator, a presentation on the Risk Reduction Program, electronically controlled pneumatic brakes, and sight distances at highway-rail grade crossings. Status reports will be given on the locomotive safety standards, medical standards, passenger safety, railroad operating rules, and continuous welded rail-track standards working groups. The committee will be asked to vote on recommendations on passenger safety, adding and changing Title 49 Code of Federal Regulations 225 Cause Codes. This agenda is subject to change.

On July 2, 2007, FRA approved for release and agency and public review the Draft Program Environmental Impact Report/ Environmental Impact Statement (EIR/EIS) for the Bay Area to Central Valley portion of the California High Speed Rail Authority's (Authority) proposed High Speed Train Program for the State of California. FRA is the lead federal agency on the environmental review in accordance with the National Environmental Policy Act (NEPA) and the Authority is the project sponsor and lead agency for the California Environmental Quality Act review. In releasing the Draft Program EIR/ EIS, FRA and the Authority established a 70-day public comment period that was scheduled to end on September 28, 2007. The public was notified of the 70-day comment period through a variety of avenues, including newspaper publications, information included on both agencies' Web sites, at public hearings held throughout the affected area, and through the U.S. Environmental Protection Agency's weekly Federal Register publication (72 FR 39808, July 20, 2007), which noted the availability of the Draft Program EIR/EIS, identified as EIS No. 20070303. At its September 26, 2007 board meeting, the Authority considered a number of public requests to extend the comment period and decided to accept comments until noon on October 26, 2007. FRA agrees with the Authority that this extension will facilitate public participation and is extending the comment period for NEPA purposes to October 26, 2007 as well.

By notice of proposed rulemaking (NPRM) published on September 4, 2007 (71 FR 50820), FRA proposed revisions to the regulations governing the power braking systems and equipment used in freight and other non-passenger railroad train operations. The proposed revisions are intended to permit and promote the implementation of electronically controlled pneumatic (ECP) brake systems in a safe and effective manner. In that proposed rule, FRA stated that it would hold an oral public hearing on a date to be announced in a forthcoming notice, at which the Administrator or his delegated representative may preside. This document announces public hearings and a technical roundtable discussion.

FRA is issuing Safety Advisory 2007-03 recommending that owners of track carried on one or more railroad bridges adopt safety practices to prevent the deterioration of railroad bridges and reduce the risk of casualties from train derailments caused by structural failures of such bridges.

FRA is issuing this notice of interpretation to inform interested parties of its position regarding the implementation of digital electronic remote authority delivery systems that permit authorized users to electronically request, obtain, and release authorities to occupy controlled tracks. These activities are classified as safety-critical functions, and may interact with the functions of train control systems and dispatching procedures. Depending on the functionality and complexity of these systems, railroads seeking to implement digital electronic remote authority systems may be required to comply with Title 49 of the Code of Federal Regulations (CFR) Part 236, Subpart H (Subpart H). This notice classifies digital electronic authority delivery systems based on their functionality and identifies categories of systems that are subject to compliance with the requirements of Subpart H.

FRA proposes revisions to the regulations governing freight power brakes and equipment by adding a new subpart addressing electronically controlled pneumatic (ECP) brake systems. The proposed regulations are designed to provide for and encourage the safe implementation and use of ECP brake system technologies. The proposal contains specific requirements relating to design, interoperability, training, inspection, testing, handling defective equipment, and periodic maintenance related to ECP brake systems. The document also identifies provisions of the existing regulations and statutes where FRA is proposing to provide flexibility to facilitate the introduction of this advanced brake system technology.

In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.