Federal Railroad Administration 2010 – Federal Register Recent Federal Regulation Documents
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Safety Advisory 2010-02
FRA is issuing Safety Advisory 2010-02 to address Safety Recommendations I-96-10 and I-96-11, issued by the National Transportation Safety Board (NTSB) that relate to railroad and highway signal recording devices at highway-rail grade crossings equipped with active warning systems that are interconnected with highway traffic signal systems. This safety advisory recommends that States, local highway authorities, and railroads install, maintain, and upgrade railroad and highway traffic signal recording devices at these types of grade crossings. This safety advisory also recommends that States, local highway authorities, and railroads conduct comprehensive periodic joint inspections of highway traffic signal pre-emption interconnections and use information obtained from any railroad and highway traffic signal recording devices during those inspections.
Notice Regarding Consideration and Processing of Applications for Financial Assistance Under the Railroad Rehabilitation and Improvement Financing (RRIF) Program
Under this notice, FRA is providing the basis for its consideration of potential applications for financial assistance under the RRIF Program authorized by 45 U.S.C. 821 et seq.
Notice of Availability of Answers to Frequently Asked Questions Regarding Buy America & FRA's High-Speed Intercity Passenger Rail Program
FRA announces the availability of Answers to Frequently Asked Questions regarding Buy America and FRA's High Speed Intercity Passenger Rail Program. The Answers to Frequently Asked Questions can be found on FRA's Web site at https://www.fra.dot.gov/Pages/11.shtml.
Positive Train Control Systems
FRA is issuing amendments to the final rule regarding the development, testing, implementation, and use of Positive Train Control (PTC) systems for railroads as mandated by the Rail Safety Improvement Act of 2008. With publication of the final rule on January 15, 2010, FRA sought further comment on certain specific issues. These amendments are being made partially in response to the applicable comments filed and to further clarify certain provisions of the final rule.
Restrictions on Railroad Operating Employees' Use of Cellular Telephones and Other Electronic Devices
FRA is amending its railroad communications regulations by restricting use of mobile telephones and other distracting electronic devices by railroad operating employees. This rule codifies most of the requirements of FRA Emergency Order No. 26, which is supplanted by this final rule on the date it becomes effective. FRA has revised some of the substantive requirements of that Emergency Order as well as its scope to accommodate changes that FRA believes are appropriate based upon its experience with the Emergency Order and in response to public comments submitted in response to the proposed rule.
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 describes the nature of the information collection and their expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on July 13, 2010 (75 FR 40021).
Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order
FRA is issuing for comment a revised proposal (New Proposal) that, if adopted, would amend, line-by-line, FRA's schedules of civil penalties (``Schedules'') issued as appendices to FRA's rail safety regulations, as well as other guidance, in order to reflect more accurately the degree of safety risk associated with a violation of each regulatory requirement and to ensure that the civil monetary penalty amounts are consistent across all FRA safety regulations. The New Proposal represents a revision of FRA's December 2006 proposal to amend the Schedules for the same purposes (December 2006 Proposal or Initial Proposal).
Program for Capital Grants for Rail Line Relocation and Improvement Projects
Under this Notice, the FRA encourages eligible applicants to submit applications for grants to fund eligible rail line relocation and improvement projects. This Notice of Funds Availability (NOFA) does not apply to the 27 projects specifically enumerated in the Consolidated Appropriations Act, 2010 (Pub. L. 111-117 (December 16, 2009)) or the 23 projects specifically enumerated in the Omnibus Appropriations Act, 2009 (Pub. L. 111-8 (March 11, 2009)).
Notice of Availability of a Supplemental Draft Environmental Impact Statement for the DesertXpress High-Speed Passenger Rail Project
FRA is issuing this notice to advise the public that a Supplemental Draft EIS has been prepared for the DesertXpress High- Speed Passenger Train Project (Project). FRA is the lead agency for the environmental review process and has prepared the Supplemental Draft EIS consistent with the provisions of Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the Counsel of Environmental Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500 et seq.) and FRA's Procedures for Considering Environmental Impacts (64 FR 28545; May 26, 1999). DesertXpress Enterprises Inc., the Project proponent, proposes to construct and operate a fully grade-separated, dedicated double-track, passenger-only railroad along an approximately 200-mile corridor, from Victorville, CA, to Las Vegas, NV. After publication of the Draft EIS and in response to substantive comments submitted by interested agencies and the public, the Project proponent proposed several project modifications and additions. After reviewing the proposed project modifications and additions, FRA determined a Supplemental Draft EIS describing the potential environmental effects of the modifications and additions was necessary to fulfill its responsibility under NEPA.
Track Safety Standards; Concrete Crossties
FRA is proposing to amend the Federal Track Safety Standards to promote the safety of railroad operations over track constructed with concrete crossties. In particular, FRA is proposing specific requirements for effective concrete crossties, for rail fastening systems connected to concrete crossties, and for automated inspections of track constructed with concrete crossties. In addition, FRA is proposing to remove the provision on preemptive effect.
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.
Draft Tier II Environmental Impact Statement: Southeast High Speed Rail Corridor-Richmond, VA (Main Street Station) to Raleigh, NC (Boylan Wye)
On May 4, 2010, the Federal Railroad Administration (FRA) signed the Draft Tier II Environmental Impact Statement for the Southeast High Speed Rail, Richmond, VA to Raleigh, NC (Project). FRA is the lead Federal agency on the Project, and the North Carolina Department of Transportation Rail Division (NCDOT) and the Virginia Department of Rail and Public Transportation (DRPT) are co-lead State agencies. By Federal Register Notice dated June 7, 2010, FRA announced the public hearing schedule for the Project and set the closing date for the comment period as August 30, 2010. Because of the high amount of interest in the Project, FRA, NCDOT and DRPT have decided to extend the comment period to Friday, September 10, 2010.
Notice of Buy America Waiver Request by Northern New England Passenger Rail Authority To Purchase 3,340 AREMA Specified Carbon Steel Standard 11/8
FRA is issuing this notice to advise the public that the Northern New England Passenger Rail Authority (NNEPRA) is seeking a waiver from FRA's Buy America requirement49 U.S.C. 24405(a). NNEPRA was awarded $35 million in an America Recovery and Reinvestment Act (``Recovery Act'') grant to extend Amtrak's Downeaster passenger service from its existing route of Boston, Massachusetts to Portland, Maine further north to Brunswick, Maine with a stop in Freeport, Maine. The project requires the purchase and use of 3,340 AREMA specified carbon steel standard 1\1/8\ nominal diameter nuts. NNEPRA seeks the waiver under 49 U.S.C. 24405(a)(2)(B) in that it asserts that the specific nuts it needs are not produced in the United States in a sufficient and reasonably available amount or are not of a satisfactory quality.
Inflation Adjustment of the Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties for a Violation of the Hazardous Material Transportation Laws and Regulations
FRA is adjusting the ordinary maximum penalty and the aggravated maximum penalty that it will apply when assessing a civil monetary penalty for a violation of the Federal hazardous material transportation laws or a regulation, special permit, or approval issued under those laws. The aggravated maximum penalty is available only for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In particular, FRA is increasing the ordinary maximum civil monetary penalty per violation from $50,000 to $55,000 and the aggravated maximum civil penalty from $100,000 to $110,000. The minimum civil monetary penalty for a violation related to training remains at $450. The minimum civil monetary penalty per violation for other hazardous material violations remains at $250. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Debt Collection Improvement Act of 1996.
Railroad Safety Advisory Committee; Notice of Meeting
FRA announces the forty-second 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 status reports will be provided by the Passenger Hours of Service, Training Standards, Track Safety Standards, Passenger Safety, and Medical Standards Working Groups. Status updates will be provided on the following tasks arising out of the Rail Safety Improvement Act of 2008 (RSIA): Positive Train Control, Railroad Bridge Safety Management, Conductor Certification, and a possible new task regarding Dark Territory may be presented to the committee for approval. This agenda is subject to change, including the possible addition of further proposed tasks under the RSIA.
Resolicitation of Applications for the Railroad Safety Technology Program Grant Program (RS-TEC-10-001)
Due to a significant number of technical errors in applicant grant proposal submissions for the Railroad Safety Technology Grant Program (Funding Opportunity RS-TEC-10-001), the Federal Railroad Administration (FRA) has elected to reopen the application period.
Bridge Safety Standards
FRA is establishing Federal safety requirements for railroad bridges. This final rule requires track owners to implement bridge management programs, which include annual inspections of railroad bridges, and to audit the programs. This final rule also requires track owners to know the safe load capacity of bridges and to conduct special inspections if the weather or other conditions warrant such inspections.
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 information collection activities that were previously approved by OMB. 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 of Draft Finding of No Significant Impact for the Washington State Portion of the Pacific Northwest Rail Corridor Upgrades Tier-1 Environmental Assessment
In accordance with the National Environmental Policy Act of 1969 (NEPA) and the FRA's Procedures for Considering Environmental Impacts (FRA Environmental Procedures) (64 F.R. 28545 (May 26, 1999)), the FRA and the Washington State Department of Transportation (WSDOT) prepared a Tier-1 Environmental Assessment (Tier-1 EA) that evaluates the impacts of a corridor improvements program to the Washington State portion of the Pacific Northwest Rail Corridor (PNWRC Program). Based on the Tier-1 EA, the FRA has prepared a draft finding of no significant impact (draft FONSI) and is inviting the public to comment on the draft.
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 21, 2010 (75 FR 20875).
Solicitation of Applications and Notice of Funding Availability for Reducing the Effects of Traumatic Exposure to Grade Crossing and Trespasser Incidents on Train Crews
Under this notice, FRA is soliciting applications from interested and responsible parties for a grant to assess the applicability of current knowledge about post traumatic interventions and to advance evidence-based recommendations for controlling the risks associated with traumatic exposure in the railroad setting.
Railroad Safety Appliance Standards, Miscellaneous Revisions
FRA is proposing to amend the regulations related to safety appliance arrangements on rail equipment in a manner that is expected to promote the safe placement and securement of safety appliances on modern rail equipment by establishing a process for the review and approval of existing industry standards. This process will permit railroad industry representatives to submit requests for the approval of existing industry standards relating to the safety appliance arrangements on newly constructed railroad cars, locomotives, tenders, or similar vehicles in lieu of the specific provisions currently contained in part 231. It is anticipated that the proposed special approval process will further railroad safety. It will allow FRA to consider technological advancements and ergonomic design standards for new car construction and ensure that modern rail equipment complies with the applicable statutory and safety-critical regulatory requirements related to safety appliances while providing the
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