Federal Railroad Administration 2009 – Federal Register Recent Federal Regulation Documents
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Excess Risk Estimate for Highway-Rail Grade Crossings Along the Florida East Coast Railway Line
This final rule amends the regulations regarding the use of locomotive horns at public highway-rail grade crossings by establishing an excess risk estimate of 90.9 percent for public highway-rail grade crossings along the Florida East Coast Railway Company (FEC) line. When this final rule is effective, public authorities will be permitted to establish New Quiet Zones along the FEC line, in accordance with the existing regulations, through application of the excess risk estimate provided herein.
Environmental Impact Statement for the California High Speed Train Project From Palmdale to Bakersfield, CA
This notice is to advise the public that FRA and the California High-Speed Rail Authority (Authority) will jointly prepare a project Environmental Impact Statement (EIS) and project Environmental Impact Report (EIR) for the Palmdale to Bakersfield section of the Authority's proposed California High Speed Train (HST) System in compliance with relevant state and federal laws, in particular the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA).
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.
State Highway-Rail Grade Crossing Action Plans
This direct final rule complies with a statutory mandate that the Secretary of Transportation (Secretary) issue a rule to require the ten States with the most highway-rail grade crossing collisions, on average, over the past three years, to develop State highway-rail grade crossing action plans. This rule is not intended for general application; instead, it only applies to the ten identified States with
Adjustment of Nationwide Significant Risk Threshold
In accordance with Appendix D to Title 49 Code of Federal Regulations (CFR) part 222, Use of Locomotive Horns at Highway-Rail Grade Crossings, FRA is updating the Nationwide Significant Risk Threshold (NSRT). This action is needed to ensure that the public has the proper threshold of permissible risk for calculating quiet zones established in relationship to the NSRT. This is the third update to the NSRT, which is being increased to 18,775 from 17,610.
Track Safety Standards; Continuous Welded Rail (CWR)
FRA is amending the Federal Track Safety Standards to promote the safety of railroad operations over continuous welded rail (CWR). In particular, FRA is promulgating specific requirements for the qualification of persons designated to inspect CWR track, or supervise the installation, adjustment, or maintenance of CWR track. FRA is also clarifying the procedures associated with the submission of CWR plans to FRA by track owners. The final rule specifies that these plans should add focus on inspecting CWR for pull-apart prone conditions, and on CWR joint installation and maintenance procedures. This final rule will also make other changes to the requirements governing CWR.
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 re-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.
Bridge Safety Standards
FRA is proposing to standardize and establish Federal requirements for railroad bridges. This proposed rule would require track owners to implement bridge management programs that include annual inspections of railroad bridges. The proposed rule would also require track owners to know the safe capacity load of bridges and to conduct special inspections if the weather or other conditions warrant such inspections. Finally, the proposed rule would also require the audit of the bridge management programs and the inspections.
Railroad Safety Advisory Committee (RSAC); Working Group Activity Update
The FRA is updating its announcement of RSAC's Working Group activities to reflect its current status.
Railroad Safety Advisory Committee; Notice of Meeting
FRA announces the fortieth meeting of the RSAC, a Federal advisory committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics will include opening remarks from the FRA Administrator and discussion of the FRA High-Speed Rail Safety Strategy. Status reports will be provided by the Locomotive Standards, Passenger Safety, Track Safety Standards, and Medical Standards Working Groups. Status updates will be provided on the following tasks arising out of the Rail Safety Improvement Act (RSIA): Positive Train Control, Passenger Hours of Service, Railroad Bridge Safety Management, and Conductor Certification. The Committee may also be asked to accept a task regarding another RSIA-mandated rulemaking
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.
Information Collection
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirement (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on May 21, 2009 (74 FR 23927).
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.
Positive Train Control Systems
By notice of proposed rulemaking (NPRM) published on July 21, 2009 ([CITE]), FRA proposed regulations implementing a requirement of the Rail Safety Improvement Act of 2008 that certain passenger and freight railroads install positive train control systems. The proposal includes required functionalities of the technology and the means by which it would be certified. The proposal also describes the contents of the positive train control implementation plans required by the statute and contains the proposed process for submission of those plans for review and approval by FRA. These proposed regulations could also be voluntarily complied with by entities not mandated to install positive train control systems. This document announces a public hearing being conducted in connection with this proceeding.
Positive Train Control Systems
FRA proposes regulations implementing a requirement of the Rail Safety Improvement Act of 2008 that certain passenger and freight railroads install positive train control systems. The proposal includes required functionalities of the technology and the means by which it would be certified. The proposal also describes the contents of the positive train control implementation plans required by the statute and contains the proposed process for submission of those plans for review and approval by FRA. These proposed regulations could also be voluntarily complied with by entities not mandated to install positive train control systems.
Miscellaneous Revisions to the Procedures for Handling Petitions for Emergency Waiver of Safety Regulations and the Procedures for Disqualifying Individuals From Performing Safety-Sensitive Functions
On May 19, 2009, FRA published a direct final rule in the Federal Register which made miscellaneous revisions to the procedures for obtaining waivers from a safety rule, regulation, or standard during an emergency situation or an emergency event, and the procedures for disqualifying individuals from performing safety-sensitive functions. FRA did not receive any comments or requests for an oral hearing on the direct final rule. Therefore, FRA is issuing this document to confirm that the direct final rule will take effect on July 20, 2009, the date specified in the rule.
Rescission of Notice of Intent
This notice rescinds the previous notice of intent issued on April 2, 2001 to prepare an environmental impact statement for a proposed rail corridor improvement project on the BNSF Railway main line between the City of Kelso and Martin's Bluff (south of Kalama, Washington).
Nondiscrimination in Federally Assisted Railroad Programs; Removal
FRA is removing 49 CFR part 265 because the relevant statutory authority for the regulation found in the Railroad Revitalization and Regulatory Reform Act of 1976 has expired. FRA expects that removal of part 265 will reduce the administrative burden to government and industry, reduce government printing costs, and provide a more concise and useful Title 49, Code of Federal Regulations.
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 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.
Notice and Request for Comments
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 describe 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 collections of information was published on April 16, 2009 (74 FR 17762).
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 re-approval of the following information collection activities that were previously approved by OMB under Emergency Clearance Procedures. 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.
Interim Statement of Agency Policy and Interpretation on the Hours of Service Laws as Amended; Proposed Interpretation; Request for Public Comment
In this document FRA informs the public at large of the agency's interim position on certain interpretive questions arising out of the complex and important amendments enacted in 2008 to the Federal railroad safety laws that govern such matters as how long an employee in a certain category may remain on duty and how long the employee must be given off duty before the employee may go on duty again. In addition, FRA proposes an interpretation of one very significant provision of those amended laws that differs from FRA's existing interpretation of the laws before the 2008 amendments. Finally, FRA requests public comment on both the interim interpretations and the proposed interpretation.
High-Speed Intercity Passenger Rail (“HSIPR”) Program
On April 16, 2009, President Obama, together with Vice President Biden and Secretary of Transportation LaHood, announced a new vision for developing high-speed rail in America. They called for a collaborative effort among the Federal Government, States, railroads, and other key stakeholders to help transform America's transportation system through a national network of high-speed rail corridors. This notice builds on this ``Vision for High-Speed Rail'' (available on FRA's Web site) by detailing the application requirements and procedures for obtaining funding for high-speed rail projects under the American Recovery and Reinvestment Act of 2009 (ARRA) and the Department of Transportation Appropriations Acts of 2008 and 2009 (FY 2008/2009 DOT Appropriations Acts), while laying the foundation for a longer-term program to establish a network of high-speed rail corridors.
Railroad Safety Advisory Committee (RSAC); Working Group Activity Update
The FRA is updating its announcement of RSAC's Working Group activities to reflect its current status.
Notice and Request for Comments
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 describe 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 collections of information was published on April 6, 2009 (74 FR 15588).
Guidance for the High-Speed Rail/Intercity Passenger Rail Grant Program
On June 17, 2009, FRA intends to issue guidance for the High- Speed Rail (HSR)/Intercity Passenger Rail (IPR) Grant Program. FRA will post this guidance on its Web site at: https://www.fra.dot.gov/us/ content/2243. Subsequently, FRA will publish this guidance in the Federal Register.
Railroad Safety Advisory Committee; Notice of Meeting
FRA announces the thirty-ninth meeting of the RSAC, a Federal advisory committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics will include opening remarks from the FRA Administrator and presentations on the Rail Safety Improvement Act of 2008 (RSIA) Hazardous Materials Personal Protective Equipment Initiative, RSIA Highway-Rail Grade Crossings and Trespass Initiatives, and RSIA forthcoming rulemaking regarding maintenance-of-way employees. Status reports will be provided by the Passenger Safety, Track Safety Standards, and Medical Standards Working Groups. Status updates will be provided on the RSIA Positive Train Control Task, Hours of Service Task, and the Railroad Bridge Task. The Committee may also be asked to accept another RSIA-mandated task concerning critical incident programs. This agenda is subject to change, including the possible addition of further proposed tasks under the RSIA.
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