Federal Railroad Administration 2012 – Federal Register Recent Federal Regulation Documents
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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 (ICRs) for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
Railroad Safety Advisory Committee (RSAC); Working Group Activity Update
FRA is updating its announcement of the RSAC Working Group activities to reflect its current status.
Environmental Impact Statement for the Northeast Corridor Between Washington, DC, New York, NY and Boston, MA
Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes the collection of information for which FRA intends to seek OMB approval.
Notice of Comment Period Extension for the Revised Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement for the California High-Speed Train Project Fresno to Bakersfield Section
FRA is issuing this notice to advise the public that the comment period for the Supplemental Draft Environmental Impact Statement (EIS) for the Fresno to Bakersfield Section of the California High-Speed Train (HST) Project (Project) issued on June 20, 2012 has been extended and shall now end on October 19, 2012. FRA and the Project sponsor, the California High Speed Rail Authority (Authority), made this decision to be responsive to stakeholder requests and to encourage comprehensive public participation. FRA is the lead Federal agency and Authority is the lead state agency for the environmental review process. Public hearings were held on August 27, August 28, and August 29, 2012, in the Cities of Fresno, Hanford, and Bakersfield, CA respectively.
Environmental Impact Statement for the Northeast Corridor Between Washington, DC, New York, NY, and Boston, MA
FRA is issuing this Notice of Intent (Notice) to advise the public and Federal, state, and local agencies of the extension of the formal comment period for the NEC FUTURE program scoping process. The Notice of Intent to prepare a Tier 1 Environmental Impact Statement (EIS) to evaluate potential passenger rail improvements between Washington, DC, New York City, and Boston, MA was published in the Federal Register on June 22, 2012. The formal comment period for scoping was scheduled to close on Friday, September 14, 2012. In response to requests from the public provided in public testimony at Scoping meetings held from August 13th through August 22nd at nine different venues between Washington, DC and Boston, Massachusetts, FRA has decided to extend the formal comment period until Friday, October 19, 2012.
System Safety Program
FRA proposes to require commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. An SSP would be a structured program with proactive processes and procedures developed and implemented by commuter and intercity passenger railroads to identify and mitigate or eliminate hazards and the resulting risks on each railroad's system. A railroad would have a substantial amount of flexibility to tailor an SSP to its specific operations. An SSP would be implemented by a written SSP plan and submitted to FRA for review and approval. A railroad's compliance with its SSP would be audited by FRA.
Tier 1 Environmental Impact Statement for the Chicago, IL, to Detroit-Pontiac, MI, Regional Passenger Rail System
FRA is issuing this notice of intent (Notice) to advise the public that FRA, with the Michigan Department of Transportation (Michigan DOT), will jointly prepare a Tier 1 Environmental Impact Statement (EIS) to evaluate passenger rail service improvements along the Chicago, Illinois to Detroit-Pontiac, Michigan regional passenger rail corridor (the Corridor), in compliance with the National Environmental Policy Act of 1969 (NEPA). Partnering state agencies in the development of the EIS are Illinois and Indiana Departments of Transportation (IDOT and IN DOT). The objectives of the Tier 1 EIS are to evaluate a reasonable range of alternatives, select a rail corridor, and make decisions regarding future improvements to intercity passenger rail service provided in the corridor, including increased train frequency, reduced trip time, and improved on-time performance. Alternatives under consideration will include a no-action (no-build) alternative, as well as multiple build alternatives between Chicago, Illinois and Porter, Indiana, near Battle Creek, Michigan, and in the Detroit, Michigan region. The build alternatives may include infrastructure improvements to the existing rail corridor, the development of a new rail corridor, or a combination of both. FRA is issuing this Notice to solicit public and agency input in the development of the scope of the EIS and to advise the public that FRA and Michigan DOT will conduct outreach activities for the preparation of the EIS. To ensure that all significant issues are identified and considered, all interested parties are invited to comment on the proposed scope of the environmental review. Comments on the scope of the EIS, including the proposed Project's purpose and need, alternatives to be considered, the impacts to be evaluated, and the methodologies to be used in the evaluation are encouraged.
Railroad Workplace Safety; Adjacent-Track On-Track Safety for Roadway Workers
This document provides notice that, due to the complex issues raised in both the petitions for reconsideration of the final rule published November 30, 2011, and the comments received on the petitions, FRA continues to formulate an appropriate response to the petitions and comments. FRA's response will be published as soon as practicable and will be filed in the same docket.
Railroad Safety Advisory Committee; Notice of Meeting
FRA announces the forty-seventh 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 Critical Incident, Fatigue Management, and Risk Reduction Working Groups. Status reports will also be provided by the Engineering and System Safety Task Forces, and a presentation on headwear will be provided. This agenda is subject to change, including the possible addition of further proposed tasks under the Rail Safety Improvement Act of 2008.
Notice and request for comments
In compliance with the Paperwork Reduction Act of 1995, 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 June 20, 2012, volume 77, page number 119.
Railroad Workplace Safety; Roadway Worker Protection Miscellaneous Revisions (RRR)
FRA is proposing to amend its regulations on railroad workplace safety to resolve interpretative issues that have arisen since the 1996 promulgation of the original Roadway Worker Protection (RWP) regulation. In particular, this NPRM proposes to define certain terms, establish new procedures for snow removal and cleaning on passenger station platforms, resolve miscellaneous interpretive issues, codify certain FRA Technical Bulletins, and requests comment on certain training requirements for roadway workers. FRA is also proposing to update three incorporations by reference of industry standards in existing sections of FRA's Bridge Worker Safety Standards.
Environmental Impact Statement for the Salinas to San Luis Obispo Portion of the Coast Corridor: Monterey and San Luis Obispo Counties, CA
FRA is issuing this notice to advise the public that FRA and the California Department of Transportation (Caltrans) will jointly prepare an Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) to study potential service upgrades and rail corridor improvements to the Salinas to San Luis Obispo portion of the Coast Corridor. The objective of the EIS/EIR is to evaluate alternatives and present environmental analysis to help make decisions regarding the type of service upgrades and rail improvements to be provided in the corridor, including variations in train frequency, trip time, and on- time performance. FRA is also issuing this notice to solicit public and agency input into the development of the scope of the EIS/EIR, whether to tier the environmental process, and to advise the public that public and agency participation resulting from outreach activities conducted by Caltrans and its representatives will be considered in the preparation of the EIS/EIR.
Tier 1 Environmental Impact Statement for the Oregon Portion of the Pacific Northwest Rail Corridor (Portland to Eugene)
FRA is issuing this notice to advise the public that FRA and the Oregon Department of Transportation (ODOT) will jointly prepare a Tier 1 Environmental Impact Statement (EIS) in compliance with the National Environmental Policy Act of 1969 (NEPA) to study potential infrastructure investments along the Oregon portion of the Pacific Northwest Rail Corridor (PNWRC). The objective of the Tier 1 EIS is to evaluate a reasonable range of alternatives and select a rail corridor as well as making decisions regarding the level of intercity passenger rail service provided in the corridor, including variations in train frequency, trip time, and on-time performance. Alternatives under consideration will include taking no action (No-Build Alternative), as well as multiple build alternatives between Eugene-Springfield and the Columbia River in Portland. The build alternatives may include infrastructure improvements to the existing rail corridor, the development of a new rail corridor, or a combination of both. FRA is also issuing this notice to solicit public and agency input in the development of the scope of the EIS and to advise the public that outreach activities conducted by FRA and ODOT will be considered in the preparation of the EIS.
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.
Notice of Availability of a Supplemental Draft Environmental Impact Statement for the California High-Speed Train Project Fresno to Bakersfield Section
FRA is issuing this notice to advise the public that a Supplemental Draft Environmental Impact Statement (EIS) has been prepared for the Fresno to Bakersfield Section of the California High- Speed Train (HST) Project (Project). FRA is the lead Federal agency and the California High-Speed Rail Authority (Authority) is the lead state agency for the environmental review process. The Supplemental Draft EIS was prepared by FRA and the Authority to meet the federal requirements of the National Environmental Policy Act (NEPA) and to serve as the Authority's Revised Draft Environmental Impact Report (EIR) in compliance with the state law requirements of the California Environmental Quality Act (CEQA). The U.S. Army Corps of Engineers (USACE) is a Cooperating Agency for the Supplemental Draft EIS.
Safety Advisory 2012-03; Buckling-Prone Conditions in Continuous Welded Rail Track
FRA is issuing Safety Advisory 2012-03 to remind track owners, railroads, and their employees of the importance of complying with their continuous welded rail (CWR) plan procedures and reviewing their current internal engineering instructions that address inspecting CWR track to identify buckling-prone conditions. In an effort to heighten awareness of the potential consequences of an unexpected track buckle, particularly considering the unusually high, and prolonged, record- breaking temperatures that have affected much of the United States in recent weeks, this notice highlights a series of recent train accidents involving derailments that were preliminarily determined by the respective railroads to be caused by the rail buckling under extreme heat conditions (commonly referred to as ``sun kinks'' in the rail). This notice contains recommendations to track owners and railroads to ensure their employees comply with the requirements of their CWR plan procedures that address inspecting track to identify buckling-prone conditions in CWR track, particularly if the track is located on or near railroad bridges. It also recommends that track owners and railroads review current internal engineering instructions to ensure that the instructions properly identify the necessary track maintenance instructions to prevent track buckling during extreme heat conditions.
Notice of Availability of a Draft Environmental Impact Statement, for the Chicago, IL to St. Louis, MO High Speed Rail Corridor Program
FRA is issuing this notice to advise the public that a Draft Environmental Impact Statement (Draft EIS) has been prepared for the Chicago, Illinois to St. Louis, Missouri High Speed Rail Corridor Program. The Draft EIS includes a Tier 1 corridor-level evaluation and a Tier 2 project-level evaluation for the Springfield Rail Improvements Project. FRA is the lead federal agency and the Illinois Department of Transportation (IDOT) is the lead state agency for the environmental review process. IDOT proposes to improve high speed passenger rail service between Chicago, Illinois and St. Louis, Missouri, including the rail lines through Springfield, Illinois. The proposed including the development of double tracking along the existing Amtrak railroad corridor to improve high-speed passenger service reliability and safety, and to increase the number of trips between Chicago and St. Louis, as well as including improvements to railroad crossings, signals, and stations. The Draft EIS presents the Program's purpose and need, identifies all reasonable alternatives, describes the affected environment, analyzes the potential environmental impacts of all the reasonable alternatives and the no action alternative, and identifies appropriate mitigation measures to minimize the potential environmental impacts.
Notice of Decision to Grant Buy America Waiver to Washington Department of Transportation to Purchase Vossloh 101-LV Concrete Rail Ties
FRA is issuing this notice to advise the public that it has granted the Washington Department of Transportation's (WSDOT) waiver request from the FRA Passenger Rail Investment and Improvement Act (PRIIA) Buy America requirement for the use of Vossloh 101-LV concrete ties in the Pacific Northwest Rail Corridor high-speed intercity passenger rail program funded by FRA grants. The waiver also covers three other high-speed intercity passenger rail projects being undertaken on BNSF Railway Company (BNSF) owned infrastructure in California, Texas and Illinois. The Vossloh 101-VL concrete rail ties are made in the United States but contain two components (dowel inserts and SKL-30 tension clamps) that are not manufactured in the United States. FRA has granted the waiver because dowel inserts and SKL-30 tension clamps that meet the BNSF's operational and safety needs are not produced in the United States. This waiver is conditioned on BNSF's good faith efforts to find a domestic source for the components and is time limited to two years after the effective date of this waiver or until Vossloh begins manufacturing the components in the United States, whichever occurs first.
Passenger Train Emergency Preparedness
FRA is proposing to revise its regulations for passenger train emergency preparedness. These proposed revisions would: ensure that railroad personnel who communicate and coordinate with first responders during emergency situations receive initial and periodic training and are subject to operational (efficiency) tests and inspections; clarify that railroads must develop procedures in their emergency preparedness plans (e-prep plans) addressing the safe evacuation of passengers with disabilities during emergency situations; limit the need for FRA to formally approve purely administrative changes to approved e-prep plans; specify new operational (efficiency) testing and inspection requirements for both operating and non-operating employees; and remove as unnecessary the section on the preemptive effect of the regulations.
Environmental Impact Statement for the Northeast Corridor Between Washington, DC, New York, NY, and Boston, MA
FRA is issuing this Notice of Intent (Notice) to advise the public of the preparation of a Tier 1 Environmental Impact Statement (EIS) to evaluate potential passenger rail improvements between Washington, DC, New York City, and Boston, MA. FRA is leading the planning and environmental evaluation of the Northeast Corridor (NEC), an effort known as NEC FUTURE, in close coordination with the involved states, Northeast Corridor Infrastructure and Operations Advisory Commission (NEC Commission), Amtrak and other stakeholders. The purpose of the NEC FUTURE program is to define current and future markets for improved rail service and capacity on the NEC, develop an integrated passenger rail transportation solution to incrementally meet those needs, and create a regional planning framework to engage stakeholders throughout the region in the development of the program. NEC FUTURE is being advanced consistent with the federal High-Speed Intercity Passenger Rail (HSIPR) program and includes the development of a Passenger Rail Corridor Investment Plan (PRCIP). A PRCIP provides the data necessary to support an FRA decision to fund and implement major investments in a passenger rail corridor. A PRCIP is comprised of two components: A Tier 1 EIS and a Service Development Plan (SDP). The Tier 1 EIS will be developed in accordance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 and the Council on Environmental Quality (CEQ) regulations, 40 CFR part 1500 et seq., and will address documentation on a broad corridor level. The SDP articulates the overall scope, alternatives, approach and business case for proposed service and improvements. As part of the Tier 1 EIS, FRA will evaluate various passenger rail alternatives: A No Action Alternative, consisting of already planned improvements to the corridor, and Build Alternatives consisting of a full array of passenger rail alternatives which could range from operational and service enhancements to new physical improvements. FRA will consider the type, location and need for ancillary facilities for each alternative. The primary passenger rail route is the existing NEC passenger rail spine and its connecting corridors; however, in some areas, FRA may consider alternatives off of the existing NEC. FRA is issuing this Notice to alert the public and agencies about the preparation of the Tier 1 EIS and associated SDP. To ensure that all significant issues are identified and considered, all interested parties are invited to comment on the proposed scope of environmental review, project purpose and need, alternatives to be considered, environmental effects to be considered and evaluated, and methodologies to be used for evaluating effects.
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.
Proposed Agency Information Collection Activities; Comment Request
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 April 4, 2012 (77 FR 20478).
Pilot Project Grants in Support of Railroad Safety Risk Reduction Programs
This notice details the application requirements and procedures for obtaining grant funding for pilot projects designed to eliminate or reduce railroad accidents caused by Electronic Device Distraction (EDD), by improving safety culture and making misuse socially unacceptable. Components of these pilot projects will include peer-to-peer safety training techniques, and other innovative processes. These pilot projects will be used to supplement and enhance compliance with Title 49 Code of Federal Regulations (CFR) Part 220, Subpart C, Electronic Devices. The purpose of this subpart is to reduce safety risks resulting from railroad operating employees being distracted by the inappropriate use of electronic devices, such as mobile telephones and laptop computers. This subpart was codified in response to an increase in the number of accidents caused by misuse of personal electronic devices. The opportunities described in this notice are available under the Catalog of Federal Domestic Assistance (CFDA) Number 20.301
National Environmental Policy Act Implementation
FRA is publishing this notice to request comments on FRA's proposed additions to the list of categorical exclusions (CEs) contained in FRA's Procedures for Considering Environmental Impacts (Environmental Procedures). CEs are actions that FRA has determined do not individually or cumulatively have significant effects on the human or natural environment and thus, do not require the preparation of an environmental assessment (EA) or environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). FRA's Environmental Procedures currently contain twenty CEs, and FRA is proposing to add seven additional CEs. FRA is also making a Categorical Exclusion Substantiation Document (Substantiation Document) available for public review. That document supports the proposed CEs and demonstrates that the actions covered by the proposed CEs are unlikely to have significant impacts on the human or natural environment. The Substantiation Document is available on FRA's Web site at https://www.fra.dot.gov/.
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 for the new Safety Appliance Standards Guidance Checklist form listed below. Before submitting information collection requirements (ICRs) for clearance by the Office of Management and Budget (OMB), FRA is required to solicit public comment on specific aspects of the activities identified below.
Systems for Telephonic Notification of Unsafe Conditions at Highway-Rail and Pathway Grade Crossings
This final rule requires certain railroads to establish and maintain systems that allow members of the public to call the railroads, using a toll-free telephone number, and report an emergency or other unsafe condition at highway-rail and pathway grade crossings. The rule refers to such a system as an ``Emergency Notification System,'' and it consists of the following components: the signs, placed at the grade crossing, that display the information necessary for the public to report an unsafe condition to the appropriate railroad; the method that the railroad uses to receive and process a telephone call reporting the unsafe condition; the remedial actions that the appropriate railroad or railroads take to address the report of the unsafe conditions; and the related recordkeeping conducted by the railroad(s).
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