Federal Railroad Administration 2016 – Federal Register Recent Federal Regulation Documents
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Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA), this notice announces that FRA is forwarding the renewal of the information collection requirements (ICRs) abstracted below to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the ICRs was published on May 3, 2016.
System Safety Program
FRA is issuing this final rule to mandate that commuter and intercity passenger railroads develop and implement a system safety program (SSP) to improve the safety of their operations. A SSP is 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 has the flexibility to tailor a SSP to its specific operations. A SSP will be implemented after receiving approval by FRA of a submitted SSP plan. FRA will audit a railroad's compliance with its SSP.
Railroad Safety Advisory Committee; Notice of Meeting
FRA announces the fifty-sixth 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 the Associate Administrator for Railroad Safety and Chief Safety Officer. The Remote Control Locomotive, Track Standards, Hazardous Materials Issues, and Rail Integrity Working Groups, and Engineering Task Force will provide status reports. Informational presentations will be provided on the high-speed passenger rail equipment (Tier III) rulemaking; the System Safety Plan rulemaking; the status of Positive Train Control implementation; the Maintenance-of-Way, Drug and Alcohol, and Roadway Worker Protection final rules; and the potential certification of dispatchers and signal maintainers. This agenda is subject to change, including the adding more proposed tasks.
Notice of Funding Opportunity for FY 2017 Positive Train Control Grant Funds
This notice details the application requirements and procedures to obtain funding for the installation of Positive Train Control (PTC) systems required under the Railroad Safety Improvement Act of 2008, as amended by the Positive Train Control Enforcement and Implementation Act of 2015. The opportunities described in this notice are available under Catalog of Federal Domestic Assistance number 20.321, ``Positive Train Control.'' FRA will review applications for funding under this NOFO and will select the projects for funding. FTA will award the grant funds and administer and manage the grants after award. FRA will help FTA monitor the PTC implementation and progress of the grantees. In addition, applicants should contact FRA with PTC technical questions.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA), this notice announces FRA is forwarding the renewal of the information collection requirements (ICR) abstracted below 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. On February 25, 2016, OMB approved Form FRA F 1680.167 for 180 days under emergency clearance procedures. FRA seeks regular clearance of this form for the maximum period (3 years) to comply with Fixing America's Surface Transportation Act (FAST Act) requirements. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on March 24, 2016.
Capital Cost Estimating Guidance
FRA invites public comment on its Capital Cost Estimating Guidance, available on FRA's Web site at https://www.fra.dot.gov/Page/ P0926.
Inflation Adjustment of the Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties for a Violation of the Hazardous Material Transportation Laws or Regulations, Orders, Special Permits, and Approvals Issued Under Those Laws
To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum penalty, ordinary maximum penalty, and the aggravated maximum penalty that it will apply when assessing a civil monetary penalty for a knowing violation of the Federal hazardous material transportation laws or a regulation, special permit, order, 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 minimum penalty for a training violation from $450 to $463; the ordinary maximum civil monetary penalty per violation from $75,000 to $77,114; and the aggravated maximum civil penalty from $175,000 to $179,933.
Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation or Order
To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum, maximum, and aggravated maximum penalties that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. In particular, FRA is increasing the minimum civil penalty per violation from $650 to $839, the ordinary maximum civil penalty per violation from $25,000 to $27,455, and the aggravated maximum civil penalty (i.e., the maximum civil penalty per violation where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury or has caused death or injury) from $105,000 to $109,819.
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.
Environmental Impact Statement for the Link Union Station Project, Los Angeles, CA
Through this NOI, FRA announces it will prepare an EIS and Environmental Impact Report (EIR) jointly with the Los Angeles County Metropolitan Transportation Authority (Metro) for the Link Union Station Project (Link US Project). FRA and Metro will develop the EIS/ EIR in compliance with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., 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 and will consider all information developed during outreach activities when preparing the EIS/EIR.
CSX Transportation, Inc.'s Request for Positive Train Control Safety Plan Approval and System Certification
This document provides the public with notice that CSX Transportation, Inc. (CSX) submitted to FRA its Positive Train Control Safety Plan (PTCSP) Version 1.0, dated September 24, 2015. CSX asks FRA to approve its PTCSP and issue a PTC System Certification for CSX's Interoperable Electronic Train Management System (I-ETMS) under 49 CFR 236.1009 and 236.1015.
Railroad Safety Advisory Committee; Charter Renewal
FRA announces the charter renewal of the RSAC, a Federal Advisory Committee that develops railroad safety regulations through a consensus process. This charter renewal will take effect on May 16, 2016, and will expire after 2 years.
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 an extension to the comment period and that it will schedule a public hearing in a future notice to provide interested persons an opportunity to comment on the proposal and to discuss further development of the regulation. When FRA schedules the public hearing in a future notice, it will also reopen the comment period for this proceeding to allow additional time for interested parties to submit written comments in response to views or information provided at the public hearing.
Environmental Impact Statement for the California High Speed Rail System San Francisco to San Jose Section, CA
Through this NOI, FRA announces 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). FRA invites 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. Through this NOI, FRA also rescinds its December 2008 NOI for the San Francisco to San Jose Section. FRA and the Authority will develop the EIR/EIS in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act of 1969 (NEPA). FRA and the Authority will hold scoping meetings and outreach activities as part of the NEPA/CEQA process. Federal cooperating agencies for the EIR/EIS are the Surface Transportation Board (STB) and the U.S. Army Corps of Engineers (USACE).
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