Federal Railroad Administration 2005 – Federal Register Recent Federal Regulation Documents

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

FRA is amending a portion of the accident reporting regulations. Specifically, FRA is amending the method for calculating the monetary threshold for reporting rail equipment accidents/ incidents. The amendment is necessary because, in 2001, the Bureau of Labor Statistics (BLS) ceased collecting and publishing railroad wage data used by FRA in the calculation. Consequently, FRA has had to seek a new source of publicly-available data. In the new formula, FRA uses wage data collected and maintained by the Surface Transportation Board (STB) in place of the unavailable BLS wage data. As equipment data remain available from the BLS, there is no change to the source of the equipment component of the reporting threshold. The purpose of the rule is to ensure and maintain comparability between different years of accident data by having the threshold keep pace with any increases or decreases in equipment and labor costs so that each year accidents involving the same minimum amount of railroad property damage are included in the reportable accident counts. In addition, FRA is using the newly established formula to calculate a new accident/incident monetary reporting threshold for calendar year 2006. This final rule increases the monetary threshold for reporting rail equipment accidents/incidents from $6,700 to $7,700, and applies to accidents and incidents involving railroad property damage that occur on or after January 1, 2006.

The FRA is updating its announcement of RSAC's Working Group activities to reflect its current status.

FRA is clarifying preamble language and correcting rule text language in FRA's Standards for Development and Use of Processor-Based Signal and Train Control Systems, a final rule published on March 7, 2005 (PTC Rule). First, some language in the section-by-section analysis portion of the preamble to the PTC Rule inadvertently differs from the actual regulatory language, and FRA is noting the unintended variation to avoid confusion. Second, FRA is clarifying language regarding the applicability of new 49 CFR part 236, subpart H (the Processor-Based Standards) to highway-rail grade crossing warning systems (HGCWS). FRA wants to ensure that the rule language conforms with FRA's initial intent that the regulation apply to only certain HGCWS. Therefore, FRA is adding a provision to clarify which HGCWS products may be excluded from the requirements of the PTC Rule. FRA is also adding a provision to clarify that certain HGCWS products excluded from the requirements of the Processor-Based Standards may, at the option of the railroad, be made subject to the Processor-Based Standards. Third, FRA is adding a provision to clarify which HGCWS products shall be included in the software management control plans pursuant to 49 CFR 236.18. Finally, FRA is correcting a minor error in which a provision of the Processor-Based Standards was incorrectly cited.

FRA is issuing this notice to advise the public that FRA with the California High Speed Rail Authority (Authority) will jointly prepare a programmatic environmental impact statement (EIS) and programmatic (program) environmental impact report (EIR) for the San Francisco Bay Area to Central Valley portion of the California High- Speed Train (HST) System in compliance with state and Federal laws, in particular the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). FRA is also issuing this notice to solicit public and agency input into the development of the scope of the Bay Area to Central Valley HST Program EIR/EIS and to advise the public that outreach activities conducted by the Authority and its representatives will be considered in the preparation of the EIR/EIS. The FRA and the Authority recently completed a Program EIR/EIS as the first-phase of a tiered environmental review process for the Proposed California HST system, and as part of the selected HST Alternative defined a broad corridor between the Bay Area and Central Valley generally bounded by (and including) the Pacheco Pass (SR-152) to the South, the Altamont Pass (I-580) to the North, the BNSF Corridor to the East, and the Caltrain Corridor to the West. The Bay Area to Central Valley HST Program EIR/EIS will further examine this broad corridor as the next phase of the tiered environmental review process.

FRA is amending the Federal Track Safety Standards to improve the inspection of rail joints in continuous welded rail (CWR). This interim final rule (IFR) requires track owners to develop and implement a procedure for the detailed inspection of rail joints in CWR. This IFR also requires track owners to keep records of those inspections.

The Federal Railroad Administration (FRA) of the United States Department of Transportation (DOT) has determined that public safety compels issuance of this Emergency Order (EO) requiring railroads to modify their operating rules and take certain other actions necessary to ensure that railroad employees who dispatch non-signaled territory or who operate hand-operated main track switches (switches) in non- signaled territory, ensure the switches are restored to their proper (normal) position after use. For purposes of this EO, ``employee'' means an individual who is engaged or compensated by a railroad or by a contractor to a railroad to perform any of the duties defined in this EO. This EO is intended to reduce the risk of serious injury or death both to railroad employees and the general public.

The Federal Railroad Administration invites public comments about our intention to request the Office of Management and Budget's (OMB) approval for a new information collection. The proposed collection involves the work schedules and sleep patterns of railroad dispatchers. FRA seeks to develop an understanding of the work schedule-related fatigue issues that affect railroad dispatchers. FRA will use the data obtained from the proposed collection (a survey) to identify whether or not this segment of the railroad workforce has a work and sleep schedule pattern that may compromise their ability to carry out their safety critical role in railroad operations in a suitable manner. FRA is required by the Paperwork Reduction Act of 1995 to publish this notice. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on August 4, 2005.

FRA announces the next meeting of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics include a briefing on the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users; the National Rail Safety Action Plan; the new precess for rail safety oversight; Congressional reports; and the railroad industry's response to natural disasters. Status reports will be given on the Passenger Safety, Railroad Operating Rules, Roadway Worker, and other active working groups. The Committee will be asked to vote on the Passenger Safety Working Group (1) Emergency Preparedness recommendations for a proposed rescue window access time line, (2) Mechanical recommendations and (3) Crashworthiness recommendations for the notice of proposed rulemaking.

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.