Federal Railroad Administration December 2006 – Federal Register Recent Federal Regulation Documents

In this final rule, the Federal Railroad Administration is revising its regulations to reflect revisions to the penalty provisions in the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005 (Title VII of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users), enacted on August 10, 2005. We are also revising baseline assessments for several categories of violations, including those related to training and security plans, in our Civil Penalty Assessment Guidelines. We publish our Guidelines in order to provide the regulated community and the general public with information on the hazardous materials civil penalty assessment process for violations related to the transportation of hazardous materials by rail.

FRA is issuing this notice to advise the public that it will jointly prepare an environmental impact statement (EIS) with the New Jersey Transit Corporation (NJ TRANSIT) and in cooperation with the National Railroad Passenger Corporation (AMTRAK), to study improvements to enhance the capacity and improve the operation of the Portal Bridge, a two-track moveable swing-span bridge crossing over the Hackensack River along AMTRAK's Northeast Corridor rail line. AMTRAK and NJ TRANSIT are proposing to enhance the capacity and improve the operation of the Portal Bridge. FRA is issuing this notice to solicit public and agency input into the development of the scope of the EIS and to advise the public that outreach activities conducted by NJ TRANSIT and its representatives will be considered in the preparation of the EIS. The Federal Transit Administration (FTA) is a cooperating agency for the environmental review. FTA will contribute information for which it has special expertise and ensure the EIS is prepared in compliance with its environmental regulations. The EIS will be prepared in accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) of 1969 and the applicable regulations implementing NEPA as set forth in 64 FR 28545 (May 26, 1999) and 23 CFR part 771. The EIS will also address as necessary Section 106 of the National Historic Preservation Act, Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 U.S.C. 303) (DOT Act) and other applicable Federal, and State laws and regulations. The EIS will evaluate a ``No Action Alternative'' along with various build alternatives which could retain, replace, or modify the existing Portal Bridge. Alternatives proposing to retain the existing bridge would include the rehabilitation of the existing structure to a state of good repair, along with the construction of an additional bridge for added capacity. The new bridge could be either a moveable or a fixed bridge and its height above mean high water (MHW) would vary accordingly. The new structure may consist of a two- or three-track bridge. Alternatives proposing to replace the existing bridge would require the construction of two new bridges of varying heights, types, and number of tracks. The two new bridges could be built on new parallel alignments, or one new bridge could be built on the existing bridge alignment by use of a staged approach. Each of these new bridges would have two or three new tracks. Alternatives proposing to modify the existing bridge would entail rehabilitation and raising of the existing bridge to a new height. The existing bridge may be fixed in place or may remain moveable, depending on the proposed height above MHW. A new bridge could also be constructed on a different alignment.

FRA is issuing for comment proposed statements of agency policy that would amend the 25 schedules of civil penalties (Schedules) issued as appendixes to FRA's safety regulations to reflect more accurately the safety risks associated with a violation of each section or subsection of the regulations, as well as to make sure that the civil monetary penalty amounts (CMP) are consistent across all the safety regulations. These proposed revisions to the Schedules are being published to inform members and representatives of the regulated community and the general public of the amount of the civil penalty that a respondent would likely be assessed for a given violation and to invite their comments on those proposed amounts. In addition, FRA is proposing to correct any obvious errors or omissions in the Schedules.