Federal Railroad Administration June 2016 – Federal Register Recent Federal Regulation Documents
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Environmental Impact Statement for the California High Speed Rail System San Francisco to San Jose Section, CA
On May 9, 2016, FRA published a NOI announcing its intent to jointly prepare an Environmental Impact Report (EIR) and Environmental Impact Statement (EIS) with the California High-Speed Rail Authority (Authority) for the San Francisco to San Jose Section of the California High-Speed Rail (HSR) System, Blended System Project (Blended System Project or Project) and requesting public comments. Through this notice, FRA is extending the comment period and inviting the public and all interested parties to provide comments on the scope of the EIR/EIS, including the proposed purpose and need, the alternatives to consider, potential environmental impacts of concern, and methodologies for analysis of impacts.
Proposed Agency Information Collection Activity; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA is informing the public it has revised the Annual Positive Train Control (PTC) Progress Report Form (Form FRA F 6180.166), which the Office of Management and Budget (OMB) previously approved on March 16, 2016, for a period of 180 days, under its emergency processing procedures. FRA revised the Annual PTC Progress Report Form based on comments it received from industry stakeholders on a related information collection, the Quarterly PTC Progress Report Form (Form FRA F 6180.165). Before submitting this annual information collection request to OMB for regular clearance, FRA is soliciting public comment on specific aspects of the proposed information collection identified below.
Notice of Intent To Grant a Buy America Waiver to Palmetto Railways, a Division of the South Carolina Department of Commerce, To Use Wide-Span, Electric, Rail-Mounted Gantry Cranes
FRA is issuing this notice to advise the public it intends to grant Palmetto Railways a waiver from FRA's Buy America requirement to use four (4) wide-span, electric, rail-mounted gantry cranes (WSCs).
Competitive Passenger Rail Service Pilot Program
FRA proposes regulations to 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. The proposed rule would develop this pilot program as required by a statutory mandate.
Notice of Intent To Grant a Buy America Waiver to the City of Sacramento, California, Department of Public Works, To Use Marmoleum Flooring
FRA is issuing this notice to advise the public it intends to grant the City of Sacramento, California, Department of Public Works (Sacramento), a waiver from FRA's Buy America requirement to use Walton Cirrus Original Brown #3665 (Brown Marmoleum), in the Sacramento Valley Station Phase II intermodal project.
Train Crew Staffing
On March 15, 2016, FRA published a Notice of Proposed Rulemaking (NPRM) that would require establishing minimum requirements for the size of train crew staffs depending on the type of operation. FRA is announcing a public hearing to provide interested persons an opportunity to provide oral comments on the proposal. FRA is also announcing a reopening 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.
Canadian Pacific Railway's Request for Positive Train Control Safety Plan Approval and System Certification
This document provides the public with notice that Canadian Pacific Railway (CP) submitted to FRA its Positive Train Control Safety Plan (PTCSP) Version 1.0, dated May 9, 2016, on FRA's Secure Information Repository (SIR) site on May 11, 2016. CP asks FRA to approve its PTCSP and issue a Positive Train Control System Certification for CP's Interoperable Electronic Train Management System (I-ETMS), under 49 CFR part 236.
Port Authority Trans-Hudson Corporation's Request for Positive Train Control Safety Plan Approval and System Certification
This document provides the public with notice that the Port Authority Trans-Hudson Corporation (PATH) submitted to FRA its Positive Train Control Safety Plan (PTCSP), Revision 3.0, dated March 23, 2016. PATH asks FRA to approve its PTCSP and issue a Positive Train Control (PTC) System Certification for PATH's Communication Based Train Control (CBTC) system, under Title 49 Code of Federal Regulations (CFR) 236.1009, Procedural requirements, and 236.1015, PTC Safety Plan content requirements and PTC System Certification. This notice was assigned to Docket Number FRA-2010-0034.
National Highway-Rail Crossing Inventory Reporting Requirements
This document responds to a petition for reconsideration of FRA's January 6, 2015, final rule addressing U.S. DOT National Highway- Rail Crossing Inventory (Crossing Inventory or Inventory) Reporting Requirements. This document amends and clarifies the final rule in response to the petition for reconsideration and makes certain additional amendments to the rule to address practical implementation problems that arose after publication of the final rule.
Control of Alcohol and Drug Use: Coverage of Maintenance of Way (MOW) Employees and Retrospective Regulatory Review-Based Amendments
In response to Congress' mandate in the Rail Safety Improvement Act of 2008 (RSIA), FRA is expanding the scope of its drug and alcohol regulation to cover MOW employees. This rule also codifies guidance from FRA compliance manuals, responds to National Transportation Safety Board (NTSB) recommendations, and adopts substantive amendments based upon FRA's regulatory review of 30 years of implementation of this part. The final rule contains two significant differences from FRA's July 28, 2014 Notice of Proposed Rulemaking (NPRM). First, it adopts part 214's definition of ``roadway worker'' to define ``MOW employee'' under this part. Second, because FRA has withdrawn its proposed peer support requirements, subpart K contains a revised version of the troubled employee identification requirements previously in subpart E.
Railroad Workplace Safety; Roadway Worker Protection Miscellaneous Revisions (RRR)
FRA is amending its Roadway Worker Protection (RWP) regulation to resolve interpretative issues that have arisen since the 1996 promulgation of that rule. In particular, this final rule adopts certain terms, resolves miscellaneous interpretive issues, codifies certain FRA Technical Bulletins, adopts new requirements governing redundant signal protections and the movement of roadway maintenance machinery over signalized non-controlled track, and amends certain qualification requirements for roadway workers. This final rule also deletes three outdated incorporations by reference of industry standards in FRA's Bridge Worker Safety Standards, and cross references the Occupational Safety and Health Administration's (OSHA) regulations on the same point.
Environmental Impact and Related Procedures
FRA is issuing this notice to solicit public comments on the potential application of 23 CFR part 771, Environmental Impact and Related Procedures, to railroad projects. Part 771 currently prescribes the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) procedures for implementing the National Environmental Policy Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.) and 23 U.S.C. 139, Efficient Environmental Reviews for Project Decisionmaking. FRA would further develop the application of 23 CFR part 771 to railroad projects in a rulemaking proceeding.
Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea
FMCSA and FRA published an ANPRM on March 10, 2016, requesting certain information regarding the evaluation of safety sensitive personnel for moderate-to-severe obstructive sleep apnea (OSA). The comment period for the ANPRM is extended from June 8, 2016, to July 8, 2016.
Proposed Agency Information Collection Activities; Comment Request
In accordance with 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, 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 (PRA), FRA is forwarding the Information Collection Request (ICR) renewals abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burden.
Categorical Exclusion Survey Review
In this notice, FRA is providing the public a review of FRA's survey of categorical exclusions (CEs) used in railroad transportation projects since 2005. FRA is soliciting public comment on the review of the CE survey, two new categories of activities that may be appropriate for categorical exclusion, and any other new categories of activities for FRA consideration as CEs.
Notice and Request for Comment on Benefit-Cost Analysis Guidance for Rail Projects
Section 11313(b) of the Fixing America's Surface Transportation (FAST) Act, Public Law 114-94 (December 4, 2015), requires the Secretary of Transportation (Secretary) to ``enhance the usefulness of assessments of benefits and costs for intercity passenger rail and freight rail projects.'' As directed by Section 11313, FRA is issuing benefit-cost analysis (BCA) guidance (BCA Guidance) to fulfill these requirements and is requesting comments on the BCA Guidance. The BCA Guidance is available at https://www.fra.dot.gov/Page/P0940.
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