Federal Railroad Administration 2016 – Federal Register Recent Federal Regulation Documents

On October 18, 2016, under its emergency processing procedures, the Office of Management and Budget (OMB) approved the information collection activities associated with FRA's Railworthiness Directive No. 2016-01. This 6-month approval expires on April 30, 2017. Since OMB's approval of the information collection activities associated with Railworthiness Directive No. 2016-01, on November 18, 2016, FRA issued a revised Railworthiness Directive which supersedes the original Directive. FRA is now seeking approval for the revised information collection activities and associated burden listed below. Before submitting this information collection request (ICR) to OMB for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.

This rule amends FRA's regulations on railroad police officers to implement certain provisions of the Fixing America's Surface Transportation (FAST) Act. Consistent with the FAST Act, FRA is amending its regulations to allow: Railroads to hire contractors as railroad police officers; railroad police officers to transfer from one state to another without immediately needing to be commissioned or certified in the new state; and a state to recognize an officer's training at another state's recognized police academy or at a Federal law enforcement training center as meeting the state's basic police officer certification or commissioning requirements.

FRA is proposing to amend its regulations for passenger equipment safety standards, which currently provide for passenger rail service in a shared right-of-way under two separate tiers of safety standards: Tier I (speeds up to 125 miles per hour (mph)) and Tier II (speeds up to 150 mph). Consistent with the regulations' approach supporting interoperable passenger rail service by sharing the right- of-way, this proposed rulemaking would add a new tier of safety standards (Tier III) to facilitate the safe implementation of interoperable high-speed passenger rail service at speeds up to 220 mph. However, Tier III standards would require operations at speeds above 125 mph to be in an exclusive right-of-way without grade crossings. The proposal also would establish crashworthiness and occupant protection performance requirements in the alternative to those currently specified for Tier I passenger trainsets. Adopting the proposed alternative crashworthiness and occupant protection requirements would remove regulatory barriers, allowing a more open U.S. rail market, incorporating recent technological designs. In addition, the proposal would increase from 150 mph to 160 mph the maximum speed FRA's existing regulations allow for passenger equipment that complies with FRA's Tier II standards.

FRA is issuing Safety Advisory 2016-02 out of concern for the number of railroad and railroad contractor fatalities that occur when roadway workers perform certain activities that fall outside the scope of FRA's safety regulations, but within the purview of the U.S. Occupational Safety and Health Administration's (OSHA) regulations. FRA is issuing this Safety Advisory to remind railroads and railroad contractors, and their employees (including roadway workers) of the importance of identifying hazardous conditions at job locations, conducting thorough job safety briefings to discuss the hazardous conditions, and taking appropriate actions to mitigate those conditions. This Safety Advisory reminds railroads, railroad contractors, and their respective employees that OSHA's job safety regulations may apply to certain roadway worker activities and makes recommendations for hazard recognition strategies and challenge procedures that could improve roadway worker safety while roadway workers are engaged in activities subject to OSHA's regulations. FRA considers this Safety Advisory responsive to the National Transportation Safety Board's (NTSB) Recommendations R-14-33, R-14-35, and R-14-36.

FRA announces its intent to prepare an EIS for the Baltimore- Washington Superconducting Magnetic Levitation (Maglev) (SCMAGLEV) Project (Proposed Action) jointly with the Maryland Department of Transportation (MDOT). The Proposed Action consists of the construction and operation of a high-speed SCMAGLEV train system between Washington, DC and Baltimore, MD with an intermediate stop at Baltimore/Washington International Thurgood Marshall (BWI) Airport. FRA and MDOT will develop the EIS in compliance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq.

This document provides the public with notice that Amtrak submitted via FRA's Secure Information Repository a letter dated September 14, 2016, requesting FRA approval of its PTCSP Revision 4.0, dated August 2016, for Amtrak's Advanced Civil Speed Enforcement System II (ACSES II).

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks the Office of Management and Budget's (OMB) approval of the proposed information collection activities abstracted below. However, before submitting this proposed information collection request (ICR) to OMB for clearance, FRA is soliciting public comment on specific aspects of the activities identified below.

This document provides the public with notice that on August 12, 2016 Norfolk Southern Railway Company (NS) submitted to FRA its Positive Train Control Safety Plan (PTCSP) Version 1.0, dated August 12, 2016, on FRA's Secure Information Repository (SIR) site. NS asks FRA to approve its PTCSP and issue a Positive Train Control System Certification for NS's Interoperable Electronic Train Management System (I-ETMS), under 49 CFR part 236, subpart I.

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of proposed information collection activities listed below. Before submitting these information collection requests (ICRs) to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.

Through this NOI, FRA announces it will prepare a Programmatic EIS and Environmental Impact Report (EIR) jointly with the Riverside County Transportation Commission (RCTC) and the California Department of Transportation (Caltrans) for the Coachella ValleySan Gorgonio Pass Rail Corridor Service (Project). FRA, RCTC, and Caltrans will develop the Programmatic EIS/EIR in compliance with the National Environmental Policy Act of 1969 (NEPA), and the California Environmental Quality Act (CEQA). FRA invites the public and Federal, state, and local agencies to provide input into the scope of the EIS/ EIR and will consider all information from outreach activities when preparing the EIS/EIR. The Project will study options for providing intercity passenger rail service between the cities of Los Angeles and Indio, California also known as the Coachella ValleySan Gorgonio Pass Corridor (the Corridor).

FRA hereby gives notice it is submitting the following Information Collection request (ICR) to the Office of Management and Budget (OMB) for Emergency processing under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations. FRA requests that OMB authorize the proposed collection of information identified below on October 18, 2016, for a period of 180 days.

On September 30, 2016, FRA issued a Railworthiness Directive (Directive or RWD) to all owners of Department of Transportation (DOT) specification 111 general purpose tank cars. This document announces FRA's issuance of the RWD and its availability on FRA's Web site.

This document provides public notice of the Nashville and Eastern Railroad Corporation's (NERR) submission to FRA of its Positive Train Control Development Plan (PTCDP) Revision 2.5, dated June 22, 2016, and the availability of NERR's PTCDP for public comment. NERR requests that FRA approve its PTCDP, which describes NERR's Argenia Railway Technologies' Positive Train Control System (SafeNet System) as required under FRA regulations.

Consistent with the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this document provides notice that FRA is submitting an Information Collection Request (ICR) to the Office of Management and Budget (OMB) to collect information on railroads' implementation of Positive Train Control (PTC) systems on an annual form entitled the Annual PTC Progress Report Form (Form FRA F 6180.166).

Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the proposed information collection activities described below. Before submitting the proposed information collection requests (ICRs) to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities, which are identified in this notice.

This document provides the public with notice that the Union Pacific Railroad (UP) submitted to FRA its Positive Train Control (PTC) Safety Plan (PTCSP) Version 1.0, dated June 1, 2016. UP requests that FRA approve its PTCSP and issue a PTC System Certification for UP's Interoperable Electronic Train Management System (I-ETMS).

FRA announces its intent to prepare an EIS for the Long Bridge Project jointly with the District Department of Transportation (DDOT). The Long Bridge Project (Proposed Action) consists of potential improvements to bridge and related railroad infrastructure located between the Virginia Railway Express (VRE) Crystal City Station in Arlington, Virginia and Control Point (CP) Virginia in Washington, DC. FRA and DDOT will develop the EIS in compliance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq. FRA and DDOT invite the public and Federal, state, and local agencies to provide comments on the scope of the EIS, including the purpose and need; alternatives to analyze; environmental effects to consider and evaluate; methodologies to use for evaluating effects; and the approach for public and agency involvement.

On June 22, 2016, FRA published a Notice of Proposed Rulemaking (NPRM) that would implement a pilot program for competitive selection of eligible petitioners in lieu of Amtrak to operate not more than three long-distance routes operated by Amtrak. FRA is announcing a public hearing to provide interested persons an opportunity to provide oral comments on the proposal. FRA is also announcing an extension of the comment period for this proceeding to allow time for interested parties to submit written comments in response to views or information provided at the public hearing.