Federal Railroad Administration February 2008 – Federal Register Recent Federal Regulation Documents

On August 30, 2006, FRA published an Interim Final Rule (IFR) addressing the establishment of emergency relief dockets (ERD) and the procedures for handling petitions for emergency waivers of safety regulations. 71 FR 51517. The IFR provided that each year, FRA will establish an ERD for that year and publish a notice in the Federal Register identifying the docket number of the ERD for that year. This Notice announces the establishment of FRA's ERD for the current year (calendar year 2008). The designated ERD for calendar year 2008 is docket number FRA-2008-0009.

The Federal Railroad Administration (FRA) hereby gives notice that it has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for Emergency Processing under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 3501 et seq.). FRA requests that OMB authorize the collection of information identified below on or before February 29, 2008, for 180 days after the date of approval by OMB. A copy of this ICR, with applicable supporting documentation, may be obtained by calling FRA's Clearance Officers, Mr. Robert Brogan (tel. (202) 493-6292) or Ms. Gina Christodoulou (tel. (202) 493-6139). These numbers are not toll-free. A copy of this ICR may also be obtained electronically by contacting Mr. Brogan at robert.brogan@dot.gov or by contacting Ms. Christodoulou at gina.christodoulou@dot.gov. Comments and questions about the ICR identified below should be directed to the Office of Information and Regulatory Affairs (OIRA), Attn: FRA OMB Desk Officer, 725 17th St., NW., Washington, DC 20503. Comments and questions about the ICR identified below may also be transmitted electronically to OIRA at: oira_submissions@omb.eop.gov.

Human factors are the leading cause of train accidents, accounting for 38 percent of the total in 2005. Human factors also contribute to employee injuries. This final rule establishes greater accountability on the part of railroad management for administration of railroad programs of operational tests and inspections, and greater accountability on the part of railroad supervisors and employees for compliance with those railroad operating rules that are responsible for approximately half of the train accidents related to human factors. Additionally, this final rule will supplant Emergency Order 24, which requires special handling, instruction and testing of railroad operating rules pertaining to hand-operated main track switches in non- signaled territory. Finally, an appendix has been added to 49 CFR part 218 to provide guidance for remote control locomotive operations that utilize technology in aiding point protection.

This final rule is intended to further the safety of passenger train occupants through both enhancements and additions to FRA's existing requirements for emergency systems on passenger trains. In this final rule, FRA is enhancing existing requirements for emergency window exits and establishing requirements for rescue access windows for emergency responders to use to evacuate passenger train occupants. FRA is also enhancing passenger train emergency system requirements by expanding the application of existing requirements that are currently applicable only to passenger trains operating at speeds in excess of 125 mph (Tier II passenger trains) to cover passenger trains operating at speeds at or below 125 mph (Tier I passenger trains) as well; in particular, these enhancements require that Tier I passenger trains be equipped with public address (PA) and intercom systems for emergency communication and that passenger cars provide emergency roof access for use by emergency responders. FRA is applying certain of the requirements to both existing and new passenger equipment, while other requirements apply to new passenger equipment only.