Federal Railroad Administration January 2007 – Federal Register Recent Federal Regulation Documents
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Safety Advisory 2007-02
FRA is issuing Safety Advisory 2007-02 in order to provide interested parties guidance on the proper application of existing statutory and regulatory requirements concerning self-propelled specialized maintenance equipment. This document also strongly recommends that owners and operators of such equipment properly inspect the equipment and ensure that properly qualified individuals are operating and piloting the equipment while in transit.
Safety Advisory 2007-01
FRA is issuing Safety Advisory 2007-01, which addresses the safety of shoving or pushing movements in yards, including those involving remote control locomotives. This advisory also addresses the behavior of employees on or about tracks.
Proposed Agency Information Collection Activities; Comment Request
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 for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2007
Using data from Management Information System annual reports, FRA has determined that the 2005 rail industry random testing positive rates were 0.73 percent for drugs and 0.17 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, 2007, through December 31, 2007, 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, 2007, through December 31, 2007.
Implementation of Program for Capital Grants for Rail Line Relocation and Improvement Projects
Section 9002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005) amends chapter 201 of Title 49 of the United States Code by adding section 20154. Section 20154 authorizesbut does not appropriate$350,000,000 per year for each of the fiscal years (FY) 2006 through 2009 for the purpose of funding a grant program to provide financial assistance for local rail line relocation and improvement projects. Section 20154 directs the Secretary of Transportation (Secretary) to issue regulations implementing this grant program, and the Secretary has delegated this responsibility to FRA. This NPRM proposes a regulation intended to carry out that statutory mandate. As of the publication of this NPRM, Congress had not appropriated any funding for the program for FY 2006 or FY 2007.
Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2007
This rule increases the rail equipment accident/incident reporting threshold from $7,700 to $8,200 for certain railroad accidents/incidents involving property damage that occur during calendar year 2007. This action is needed to ensure that FRA's reporting requirements reflect cost increases that have occurred since the reporting threshold was last computed in 2005.
Safety Advisory 2006-06
FRA is issuing Safety Advisory 2006-06, in order to provide interested parties information related to the potential failure (cracking and breakage) of the center sills on 89-foot flat cars carrying containers in municipal solid waste (MSW) service.
Safety of Private Highway-Rail Grade Crossings; Notice of Safety Inquiry
On July 27, 2006, the FRA published a notice announcing its intent to conduct a series of open meetings throughout the United States, in cooperation with appropriate State agencies, to consider issues related to the safety of private highway-rail grade crossings. This notice indicated that the first of these meetings would be held August 30, 2006, in Fort Snelling, Minnesota. On September 22, 2006, the FRA published a second notice, which announced that FRA had scheduled subsequent meetings, to be held on September 27, 2006, in Raleigh, North Carolina; October 26, 2006, in San Francisco, California; and December 6, 2006, in New Orleans, Louisiana. This Notice No. 3 announces that the FRA has scheduled an additional meeting, to be held on February 15, 2007, in Syracuse, New York. At the meeting, FRA intends to solicit oral statements from private crossing owners, railroads and other interested parties on issues related to the safety of private highway-rail grade crossings, which will include, but not be limited to, current practices concerning responsibility for safety at private grade crossings, the adequacy of warning devices at private crossings, and the relative merits of a more uniform approach to improving safety at private crossings. FRA has also opened a public docket on these issues, so that interested parties may submit written comments for public review and consideration.
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