Federal Railroad Administration – Federal Register Recent Federal Regulation Documents
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Notice of Proposed Nonavailability Waiver for the Alabama State Port Authority To Purchase Two Rubber-Tired Gantry Cranes
The Federal Railroad Administration (FRA) is seeking comments on whether to grant a waiver of its Buy America requirements to the Alabama State Port Authority (ASPA) for two rubber-tired gantry cranes, which are not produced in the United States, for use in the Rail Expansion, Rehabilitation, and Modernization ProjectMontgomery Intermodal Container Transfer Facility (Project). The Project received funds under the Fiscal Year 2022 Consolidated Rail Infrastructure and Safety Improvements (CRISI) program; therefore, FRA's Buy America requirements apply to the Project. The proposed waiver would apply to two rubber-tired gantry cranes based on the domestic nonavailability of the cranes. The proposed waiver would not apply to any construction materials, and therefore, FRA is not waiving any applicable requirements under the Build America, Buy America Act (BABA).
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) summarized below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) summarized below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.
Federal Railroad Administration's Procedures for Waivers and Safety-Related Proceedings
This proposed rule would update FRA's procedures for waivers and safety-related proceedings to define the two components of the statutory waiver and suspension standard, "in the public interest" and "consistent with railroad safety." By defining these terms, FRA intends to clarify the standard the agency will apply when evaluating petitions for regulatory relief. FRA also proposes to require petitions for relief to include evidence of meaningful consultation with appropriate stakeholders. Additionally, FRA proposes to make minor updates to agency rules of practice.
Positive Train Control Systems
FRA is proposing to amend certain regulations governing positive train control (PTC) systems. Since December 31, 2020, by law, PTC systems have generally governed rail operations on PTC-mandated main lines, which encompass nearly 59,000 route miles today. Through FRA's oversight and continued engagement with the industry, FRA has found that its existing PTC regulations do not adequately address temporary situations during which PTC technology is not enabled, including after certain initialization failures or in cases where a PTC system needs to be temporarily disabled to facilitate repair, maintenance, infrastructure upgrades, or capital projects. FRA expects PTC systems to be reliable and robust, further reducing the occurrence of initialization failures and outages. This NPRM proposes to establish strict parameters and operating restrictions under which railroads may continue to operate safely in certain necessary scenarios when PTC technology is temporarily not governing rail operations. The purpose of this NPRM is to enable continued, safe operations and improve rail safety by facilitating prompt repairs, upgrades, and restoration of PTC system service.
Federal Railroad Administration Accident/Incident Investigation Policy for Gathering Information and Consulting With Stakeholders; Correction
On October 1, 2024, FRA published a final rule amending its Accident/Incident Regulations governing reporting, classification, and investigations to codify FRA's policy for gathering information from, and consulting with, stakeholders during an accident/incident investigation. The published final rule contains errors in the preamble text. FRA is correcting those errors so that the final rule conforms to FRA's intent.
Track Geometry Measurement System (TGMS) Inspections
FRA is proposing to revise its regulations governing the minimum safety requirements for railroad track. The proposed changes would require all Class I and II railroads, as well as intercity passenger railroads and commuter railroads, to operate a qualifying Track Geometry Measurement System (TGMS), a type of automated track inspection (ATI) technology, at specified frequencies on all Class 1 through 5 mainline and controlled siding track that transports: annual tonnage greater than 10 million gross tons (MGT); regularly scheduled passenger rail service; or trains containing hazardous materials. FRA also proposes increasing the required frequency of TGMS inspections on Class 6 track.
The National Railroad Passenger Corporation's Request To Amend Its Positive Train Control System
This document provides the public with notice that, on October 12, 2024, the National Railroad Passenger Corporation (Amtrak) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP) to install Construction Zone (CZ) transponders, which will result in the suspension of portions of its positive train control (PTC) system, to support the addition of Fitter Interlocking on the New Haven to Boston (NHB) line. This CZ is scheduled to be implemented December 7, 2024, for a duration not exceeding 30 days. As this RFA involves a request for FRA's approval of proposed material modifications to an FRA-certified PTC system, FRA is publishing this notice and inviting public comment on Amtrak's RFA to its PTC system.
Massachusetts Bay Transportation Authority's Request To Amend Its Positive Train Control System
This document provides the public with notice that, on October 11, 2024, the Massachusetts Bay Transportation Authority (MBTA) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP) to install Construction Zone (CZ) Transponders to reconfigure its positive train control (PTC) system on the South Side Middleboro Main Line (MML) at the Pilgrim Interlocking at Milepost (MP) 34.86 to its final configuration in order to interface with the adjacent new South Coast Rail (SCR) Lines. The CZ will result in the suspension of portions of the PTC system on the MML from December 1, 2024, to December 15, 2024. As this RFA involves a request for FRA's approval of proposed material modifications to an FRA- certified PTC system, FRA is publishing this notice and inviting public comment on MBTA's RFA to its PTC system.
Safety Advisory 2024-01; Roadway Maintenance Machines-Importance of Communications and Compliance With Red Zone Procedures
FRA is issuing Safety Advisory 2024-01 to emphasize the importance of rules and procedures regarding the safety of roadway workers who operate or work near roadway maintenance machines (RMMs). This safety advisory recommends that railroads and contractors review and update their rules regarding communication between roadway workers who work near RMMs and the operators of those RMMs, and increase monitoring of their employees for compliance with existing rules and procedures (including through operational testing). This safety advisory also recommends that railroads review and update their rules regarding work/red zones and evaluate the work/red zone distances for each type of RMM. In addition, this safety advisory recommends that railroads and contractors conduct additional safety briefings to raise worker awareness of the hazards associated with operating and working around RMMs.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On July 30, 2024, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received no comments in response to the notice.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On August 5, 2024, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received no substantive comments in response to the notice.
Railroad Safety Advisory Committee; Organizations Eligible To Submit Names for Appointment
The Federal Railroad Administration (FRA) seeks public comment on potential changes to the list of organizations that are eligible to submit the names of individuals for appointment as Committee members to the Railroad Safety Advisory Committee (RSAC), a Federal Advisory Committee that provides advice and recommendations to FRA on railroad safety matters through a consensus process.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks approval of the Information Collection Request (ICR) summarized below. Before submitting this ICR to the Office of Management and Budget (OMB) for approval, FRA is soliciting public comment on specific aspects of the activities identified in the ICR.
Massachusetts Bay Transportation Authority's Request To Amend Its Positive Train Control System
This document provides the public with notice that, on September 20, 2024, the Massachusetts Bay Transportation Authority (MBTA) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system to establish a Construction Zone (CZ) during November and December 2024, in order to install Automatic Train Control (ATC) on the final segment of MBTA's Fitchburg Line between CPF-330 and CPF-335. As this RFA may involve a request for FRA's approval of proposed material modifications to an FRA-certified PTC system, FRA is publishing this notice and inviting public comment on MBTA's RFA to its PTC system.
Notice of Funding Opportunity for Projects Located Off the Northeast Corridor for the Fiscal Year 2024 Federal-State Partnership for Intercity Passenger Rail Program
The Federal Railroad Administration has published a Notice of Funding Opportunity (NOFO), which details the application requirements and procedures to obtain grant funding for eligible projects under the Fiscal Year (FY) 2024 Federal-State Partnership for Intercity Passenger Rail Program for Projects Not Located on the Northeast Corridor. The total funding available for awards under this NOFO is up to $1,057,596,637. The full text of the Notice of Funding Opportunity (NOFO) can be found on FRA's website at https://railroads.dot.gov/ federal-state-partnership-intercity-passenger and at www.Grants.gov using the funding opportunity ID FR-FSP-24-003.
Federal Railroad Administration Accident/Incident Investigation Policy for Gathering Information and Consulting With Stakeholders
FRA is taking direct final action to amend its Accident/ Incident Regulations governing reporting, classification, and investigations by codifying FRA's policy for gathering information from, and consulting with, stakeholders during an accident/incident investigation.
Notice of Final Federal Agency Actions on Proposed Railroad Project in California on Behalf of the California High-Speed Rail Authority
The Federal Railroad Administration (FRA), on behalf of the California High-Speed Rail Authority (Authority), is issuing this notice to announce actions taken by the Authority that are final agency actions. The actions relate to the California High-Speed Rail (HSR) Palmdale to Burbank Project Section (Project). The Project will provide the public with electric-powered HSR service that provides predictable and consistent travel times between the Antelope Valley and the San Fernando Valley; provide connectivity to airports, mass transit systems, and the highway network in the Antelope Valley and the San Fernando Valley; and connect the Northern and Southern portions of the planned statewide HSR system. These actions grant permits, approvals, or authorizations for the Project.
Quarterly Reports of Positive Train Control System Performance
The purpose of this notice is to inform the public that FRA has determined it is in the public interest for railroads to continue submitting reports of their positive train control (PTC) systems' performance to FRA on a quarterly basis as the Infrastructure Investment and Jobs Act currently requires, and as the Office of Management and Budget (OMB) has approved through March 31, 2027.
Notice of Proposed Nonavailability Waiver of Buy America Requirements for Certain High-Speed Rail Products for the California Inaugural High-Speed Rail Service Project
The Federal Railroad Administration (FRA) is seeking comments on whether to grant a waiver of its Buy America requirements to the California High-Speed Rail Authority (the Authority) to use certain products that are not produced in the United States for use in the California Inaugural High-Speed Rail Service Project between Merced, California and Bakersfield, California (Project). FRA is funding the Project under the Federal-State Partnership for Intercity Passenger Rail Program (FSP Program); therefore, FRA's Buy America requirements apply to the Project. FRA's Buy America requirements include both FRA's statutory requirements, which require 100 percent of the manufactured products and steel and iron used in an FRA-funded project to be produced in the United States, and the Build America, Buy America Act (BABA), which requires that all construction materials used in the FRA- funded project be produced in the United States. FRA is not proposing to waive the applicable BABA requirements for construction materials used in the Project. The proposed waiver would apply to the aluminum car shells, signal systems, high-speed rail turnouts and fire alarm systems based on the domestic nonavailability of such products, as identified by the Authority. The Authority estimates that over 98 percent of the total direct dollar expenditures for the Project would be spent on domestically sourced products and labor, including 100 percent of the civil infrastructure costs.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On July 9, 2024, FRA published a notice providing a 60-day period for public comment on the ICR. FRA received no comments in response to the notice.
Application Package From the State of Ohio to the Surface Transportation Project Delivery Program and Proposed Memorandum of Understanding (MOU) Assigning Environmental Responsibilities to the State
This notice announces that FRA has received and reviewed an application package from the State of Ohio (State), Ohio Department of Transportation (ODOT) in conjunction with the Ohio Rail Development Commission (ORDC), requesting participation in the Surface Transportation Project Delivery Program (Program). Under the Program, FRA may assign, and the State may assume, responsibilities under the National Environmental Policy Act (NEPA), and all or part of FRA's responsibilities for environmental review, consultation, or other actions required under any Federal environmental laws with respect to one or more railroad projects within the State. FRA has determined the application package to be complete and developed a draft MOU with the State outlining how the State will implement the Program with FRA oversight. The public is invited to comment on the State's request, including its application package and the proposed MOU, which includes the proposed assignments and assumptions of environmental review, consultation, and other activities.
Railroad Safety Advisory Committee; Notice of Meeting
FRA announces the sixty-seventh meeting of the Railroad Safety Advisory Committee (RSAC or Committee), a Federal Advisory Committee that provides advice and recommendations to FRA on railroad safety matters through a consensus process. This meeting of the RSAC will focus on efforts critical to railroad safety including safety improvements in the wake of the February 3, 2023, East Palestine, Ohio, derailment, electronic devices, remote control operations, and roadway worker protection.
Amtrak's Request To Amend Its Positive Train Control System
This document provides the public with notice that, on August 15, 2024, the National Railroad Passenger Corporation (Amtrak) submitted a request for amendment (RFA) to its FRA-certified positive train control (PTC) system, the Advanced Civil Speed Enforcement System II (ACSES II). FRA is publishing this notice and inviting public comment on the railroad's RFA to its PTC system.
Proposed Agency Information Collection Activities; Comment Request
Under the Paperwork Reduction Act of 1995 (PRA) and its implementing regulations, this notice announces that FRA is forwarding the Information Collection Request (ICR) summarized below to the Office of Management and Budget (OMB) for review and comment. The ICR describes the information collection and its expected burden. On April 2, 2024, FRA published a notice providing a 60-day period for public comment on the ICR.
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