Federal Railroad Administration 2007 – Federal Register Recent Federal Regulation Documents

Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2008
Document Number: E7-25353
Type: Rule
Date: 2007-12-31
Agency: Federal Railroad Administration, Department of Transportation
Using data from Management Information System annual reports, FRA has determined that the 2006 rail industry random testing positive rates were 0.60 percent for drugs and 0.13 percent for alcohol. Because the industry-wide random drug testing positive rate has remained below 1.0 percent for the last two years, the Federal Railroad Administrator (Administrator) has determined that the minimum annual random drug testing rate for the period January 1, 2008, through December 31, 2008, will remain at 25 percent of covered railroad employees. In addition, because the industry-wide random alcohol testing violation rate has remained below 0.5 percent for the last two years, the Administrator has determined that the minimum random alcohol testing rate will remain at 10 percent of covered railroad employees for the period January 1, 2008, through December 31, 2008.
Agency Information Collection Activities
Document Number: E7-25334
Type: Notice
Date: 2007-12-31
Agency: Federal Railroad Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and 5 CFR 1320.5(b), this notice announces that new information collection requirement (ICR) listed below has been approved by the Office of Management and Budget (OMB). This new ICR pertains to 49 CFR Part 262. Additionally, FRA hereby announces that other ICRs listed below have been re-approved by the Office of Management and Budget (OMB). These ICRs pertain to Parts 215, 216, 219, 223, and 239. The OMB approval numbers, titles, and expiration dates are included herein under supplementary information.
Notice of Informational Filing
Document Number: E7-25142
Type: Notice
Date: 2007-12-28
Agency: Federal Railroad Administration, Department of Transportation
Petition for a Waiver of Compliance
Document Number: E7-25141
Type: Notice
Date: 2007-12-28
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-25069
Type: Notice
Date: 2007-12-28
Agency: Federal Railroad Administration, Department of Transportation
Adjustment of Monetary Threshold for Reporting Rail Equipment Accidents/Incidents for Calendar Year 2008
Document Number: E7-24999
Type: Rule
Date: 2007-12-28
Agency: Federal Railroad Administration, Department of Transportation
This rule increases the rail equipment accident/incident reporting threshold from $8,200 to $8,500 for certain railroad accidents/incidents involving property damage that occur during calendar year 2008. This action is needed to ensure that FRA's reporting requirements reflect cost increases that have occurred since the reporting threshold was last computed for calendar year 2007.
Proposed Agency Information Collection Activities; Comment Request
Document Number: E7-24516
Type: Notice
Date: 2007-12-18
Agency: Federal Railroad Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collections and their expected burdens. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on October 5, 2007 (72 FR 57097).
Safety Advisory 2007-04
Document Number: E7-24196
Type: Notice
Date: 2007-12-13
Agency: Federal Railroad Administration, Department of Transportation
In April 2005, FRA issued Safety Advisory 2005-02 in order to provide information to interested parties on the potential catastrophic failure of locomotive main reservoir tanks manufactured by R&R Metal Fabricators, Incorporated, and installed on General Electric Transportation System (GETS) locomotives. FRA is issuing this document, Safety Advisory 2007-04, in order to provide updated information related to this issue.
Petition for Waiver of Compliance
Document Number: E7-24190
Type: Notice
Date: 2007-12-13
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-24189
Type: Notice
Date: 2007-12-13
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-23200
Type: Notice
Date: 2007-11-30
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-23199
Type: Notice
Date: 2007-11-30
Agency: Federal Railroad Administration, Department of Transportation
Proposed Agency Information Collection Activities; Comment Request
Document Number: E7-22593
Type: Notice
Date: 2007-11-19
Agency: Federal Railroad Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
Petition for Waiver of Compliance
Document Number: E7-22271
Type: Notice
Date: 2007-11-14
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-22270
Type: Notice
Date: 2007-11-14
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-22243
Type: Notice
Date: 2007-11-14
Agency: Federal Railroad Administration, Department of Transportation
Railroad Safety Advisory Committee (RSAC); Working Group Activity Update
Document Number: E7-22208
Type: Notice
Date: 2007-11-14
Agency: Federal Railroad Administration, Department of Transportation
The FRA is updating its announcement of RSAC's Working Group activities to reflect its current status.
Environmental Impact Statement for the Expanded Moynihan/Penn Station Redevelopment Project, New York, NY
Document Number: E7-22069
Type: Notice
Date: 2007-11-09
Agency: Federal Railroad Administration, Department of Transportation
FRA is issuing this notice to advise the public that it will jointly prepare an environmental impact statement (EIS) with the New York State Urban Development Corporation d/b/a Empire State Development Corporation (ESDC) to assess the proposed Expanded Moynihan/Penn Station Redevelopment Project (the project) in New York City. The project is a comprehensive public/private development initiative to adaptively reuse the historic James A. Farley Building and the Western Annex (collectively referred to as the Farley Complex) as a new train station (Moynihan West) and relocated Madison Square Garden, to reconstruct critical station and circulation elements at the existing Pennsylvania Station (Penn Station) referred to herein as Moynihan East, and to implement transit-oriented private development. 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 ESDC and its representatives will be considered in the preparation of the EIS. The EIS will be prepared in accordance the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the applicable regulations implementing NEPA as set forth in 40 CFR 1500-1508, FRA's Procedures for Considering Environmental Impacts found at 64 FR 28545 (May 26, 1999), and the New York State Environmental Quality Review Act (SEQRA) and its implementing regulations found at 6 New York Code of Rules and Regulations Part 617. 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 ``Preferred Alternative,'' a ``No Action Alternative'' and various build alternatives that modify elements of the Preferred Alternative. There are two options under consideration for the Preferred Alternative. Under either of these options, the development of the Project would occur at the Farley Complex (Block 755) owned by ESDC and bounded by Ninth Avenue to the west, Eighth Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Penn Station Block (Block 781) bounded by Eighth Avenue to the west, Seventh Avenue to the east, West 31st Street to the south and West 33rd Street to the north; the Railroad Service Building (Block 780, Lot 60) located mid-block on West 31st Street across the street from Penn Station; the eastern and western portions of the One Penn Plaza Block (Block 783) bounded by Eighth and Seventh Avenues and West 33rd to West 34th Streets; and the United States Postal Service (USPS) Morgan Facility and Annex located on two full blocks (Blocks 726 and 727) bounded by Tenth Avenue to the west, Ninth Avenue to the east and between West 28th and West 30th Streets ESDC may also acquire properties on one or more blocks immediately adjacent to the Penn Station Block to facilitate the construction of a loading dock and other support facilities for Moynihan Station, and to otherwise further the goals of the project. In addition, under one of the two options being considered, the City of New York would establish a new zoning subdistrict (the Subdistrict Option). This Subdistrict Option would allow development rights from the Penn Station Block to be transferred under certain specified conditions to receiving sites located within the subdistrict and at prescribed maximum floor areas. It is anticipated that the boundaries of the proposed subdistrict would include approximately 20 city blocks surrounding the Penn Station Block, extending as far south as West 28th Street, as far north as West 36th Street, as far east as within 200 feet west of Fifth Avenue, and as far west as 200 feet west of Ninth Avenue. In a related zoning action to be examined in the EIS, the City, in connection with the Subdistrict Option only, has proposed to change the underlying zoning classifications for a number of lots or blocks within the proposed subdistrict from manufacturing and commercial uses (M1-5, M1-6, C6-3X, C6-4X and C6-4M) to C6-4. This zoning change, if adopted by the City, would allow residential uses in certain areas where such uses are not currently permitted by zoning.
Notice and Request for Comments
Document Number: E7-21476
Type: Notice
Date: 2007-11-01
Agency: Federal Railroad Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requirement (ICR) abstracted below has been forwarded 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. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on August 23, 2007 (72 FR 48315).
Railroad Safety Advisory Committee (RSAC); Working Group Activity Update
Document Number: E7-21280
Type: Notice
Date: 2007-10-30
Agency: Federal Railroad Administration, Department of Transportation
FRA is updating its announcement of RSAC's working group activities to reflect its current status.
Petition for Waiver of Compliance
Document Number: E7-20831
Type: Notice
Date: 2007-10-23
Agency: Federal Railroad Administration, Department of Transportation
Locomotive Safety Standards; Sanders
Document Number: E7-20656
Type: Rule
Date: 2007-10-19
Agency: Federal Railroad Administration, Department of Transportation
FRA is revising the existing requirements related to sanders on locomotives. This rule modifies the existing regulations by permitting additional flexibility in the use of locomotives with inoperative sanders. The rule provides railroads the ability to better utilize their locomotive fleets while ensuring that locomotives are equipped with operative sanders in situations where they provide the most benefit from a safety and operational perspective. The rule also makes the regulations related to operative sanders more consistent with existing Canadian standards related to the devices.
Use of Locomotive Horns at Highway-Rail Grade Crossings; Technical Amendments to Appendix D
Document Number: E7-20605
Type: Rule
Date: 2007-10-18
Agency: Federal Railroad Administration, Department of Transportation
On August 9, 2007, FRA published a direct final rule in the Federal Register which made technical amendments to Appendix D of 49 CFR Part 222. As reflected in DOT Docket No. FRA-2007-27285, FRA did not receive any comments or requests for an oral hearing on the direct final rule. Therefore, FRA is issuing this document to confirm that the direct final rule took effect on October 9, 2007, the date specified in the rule.
Notice No. 43; Railroad Safety Advisory Committee; Notice of Meeting
Document Number: E7-19741
Type: Notice
Date: 2007-10-09
Agency: Federal Railroad Administration, Department of Transportation
The Federal Railroad Administration (FRA) announces the next meeting of the Railroad Safety Advisory Committee (RSAC), a Federal Advisory Committee that develops railroad safety regulations through a consensus process. The RSAC meeting topics include opening remarks from the FRA Administrator, a presentation on the Risk Reduction Program, electronically controlled pneumatic brakes, and sight distances at highway-rail grade crossings. Status reports will be given on the locomotive safety standards, medical standards, passenger safety, railroad operating rules, and continuous welded rail-track standards working groups. The committee will be asked to vote on recommendations on passenger safety, adding and changing Title 49 Code of Federal Regulations 225 Cause Codes. This agenda is subject to change.
Proposed Agency Information Collection Activities; Comment Request
Document Number: E7-19678
Type: Notice
Date: 2007-10-05
Agency: Federal Railroad Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
Draft Bay Area to Central Valley High-Speed Train Programmatic Environmental Impact Report/Environmental Impact Statement
Document Number: 07-4854
Type: Notice
Date: 2007-10-02
Agency: Federal Railroad Administration, Department of Transportation
On July 2, 2007, FRA approved for release and agency and public review the Draft Program Environmental Impact Report/ Environmental Impact Statement (EIR/EIS) for the Bay Area to Central Valley portion of the California High Speed Rail Authority's (Authority) proposed High Speed Train Program for the State of California. FRA is the lead federal agency on the environmental review in accordance with the National Environmental Policy Act (NEPA) and the Authority is the project sponsor and lead agency for the California Environmental Quality Act review. In releasing the Draft Program EIR/ EIS, FRA and the Authority established a 70-day public comment period that was scheduled to end on September 28, 2007. The public was notified of the 70-day comment period through a variety of avenues, including newspaper publications, information included on both agencies' Web sites, at public hearings held throughout the affected area, and through the U.S. Environmental Protection Agency's weekly Federal Register publication (72 FR 39808, July 20, 2007), which noted the availability of the Draft Program EIR/EIS, identified as EIS No. 20070303. At its September 26, 2007 board meeting, the Authority considered a number of public requests to extend the comment period and decided to accept comments until noon on October 26, 2007. FRA agrees with the Authority that this extension will facilitate public participation and is extending the comment period for NEPA purposes to October 26, 2007 as well.
Proposed Agency Information Collection Activities; Comment Request
Document Number: E7-18916
Type: Notice
Date: 2007-09-26
Agency: Federal Railroad Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.), this notice announces that the Information Collection Requirement (ICR) abstracted below has been forwarded 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. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on July 20, 2007 (See 72 FR 39886).
Electronically Controlled Pneumatic Brake Systems
Document Number: E7-18169
Type: Proposed Rule
Date: 2007-09-14
Agency: Federal Railroad Administration, Department of Transportation
By notice of proposed rulemaking (NPRM) published on September 4, 2007 (71 FR 50820), FRA proposed revisions to the regulations governing the power braking systems and equipment used in freight and other non-passenger railroad train operations. The proposed revisions are intended to permit and promote the implementation of electronically controlled pneumatic (ECP) brake systems in a safe and effective manner. In that proposed rule, FRA stated that it would hold an oral public hearing on a date to be announced in a forthcoming notice, at which the Administrator or his delegated representative may preside. This document announces public hearings and a technical roundtable discussion.
Petition for Waiver of Compliance
Document Number: E7-18168
Type: Notice
Date: 2007-09-14
Agency: Federal Railroad Administration, Department of Transportation
Safety Advisory 2007-03
Document Number: E7-17811
Type: Notice
Date: 2007-09-11
Agency: Federal Railroad Administration, Department of Transportation
FRA is issuing Safety Advisory 2007-03 recommending that owners of track carried on one or more railroad bridges adopt safety practices to prevent the deterioration of railroad bridges and reduce the risk of casualties from train derailments caused by structural failures of such bridges.
Agency Information Collection Activities; Notice and Request for Comments
Document Number: E7-17809
Type: Notice
Date: 2007-09-11
Agency: Federal Railroad Administration, Department of Transportation
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et. seq.), this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describes the nature of the information collection and their expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on July 5, 2007 (72 FR 36750).
Electronic Remote Authority Delivery Systems
Document Number: E7-17800
Type: Notice
Date: 2007-09-11
Agency: Federal Railroad Administration, Department of Transportation
FRA is issuing this notice of interpretation to inform interested parties of its position regarding the implementation of digital electronic remote authority delivery systems that permit authorized users to electronically request, obtain, and release authorities to occupy controlled tracks. These activities are classified as safety-critical functions, and may interact with the functions of train control systems and dispatching procedures. Depending on the functionality and complexity of these systems, railroads seeking to implement digital electronic remote authority systems may be required to comply with Title 49 of the Code of Federal Regulations (CFR) Part 236, Subpart H (Subpart H). This notice classifies digital electronic authority delivery systems based on their functionality and identifies categories of systems that are subject to compliance with the requirements of Subpart H.
Inflation Adjustment of Ordinary Maximum Civil Monetary Penalty for a Violation of a Federal Railroad Safety Law or Federal Railroad Administration Safety Regulation
Document Number: E7-17170
Type: Rule
Date: 2007-09-06
Agency: Federal Railroad Administration, Department of Transportation
To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, FRA is adjusting the ordinary maximum penalty that it will apply when assessing a civil penalty for a violation of railroad safety statutes and regulations under its authority. In particular, FRA is increasing the ordinary maximum civil penalty from $11,000 to $16,000.
Electronically Controlled Pneumatic Brake Systems
Document Number: 07-4297
Type: Proposed Rule
Date: 2007-09-04
Agency: Federal Railroad Administration, Department of Transportation
FRA proposes revisions to the regulations governing freight power brakes and equipment by adding a new subpart addressing electronically controlled pneumatic (ECP) brake systems. The proposed regulations are designed to provide for and encourage the safe implementation and use of ECP brake system technologies. The proposal contains specific requirements relating to design, interoperability, training, inspection, testing, handling defective equipment, and periodic maintenance related to ECP brake systems. The document also identifies provisions of the existing regulations and statutes where FRA is proposing to provide flexibility to facilitate the introduction of this advanced brake system technology.
Proposed Agency Information Collection Activities; Comment Request
Document Number: E7-16638
Type: Notice
Date: 2007-08-23
Agency: Federal Railroad Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.
Environmental Impact Statement: High-Speed Ground Transportation from Atlanta, GA to Chattanooga, TN
Document Number: 07-4109
Type: Notice
Date: 2007-08-22
Agency: Federal Highway Administration, Department of Transportation, Federal Railroad Administration
FRA and FHWA are issuing this notice to advise the public that they will jointly prepare a Tier I Environmental Impact Statement (EIS) with the Georgia Department of Transportation (GDOT) and the Tennessee Department of Transportation (TDOT) to evaluate the environmental and related impacts of constructing and operating high-speed ground transportation (HSGT) service between Atlanta, Georgia and Chattanooga, Tennessee. FRA and FHWA are also 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 GDOT and its representatives will be considered in the preparation of the EIS.
Notice of Informational Filing
Document Number: E7-16407
Type: Notice
Date: 2007-08-21
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-16404
Type: Notice
Date: 2007-08-21
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-15945
Type: Notice
Date: 2007-08-14
Agency: Federal Railroad Administration, Department of Transportation
Railroad Safety Program Plan
Document Number: E7-15779
Type: Notice
Date: 2007-08-13
Agency: Federal Railroad Administration, Department of Transportation
Notice of Petition for Waiver of Compliance
Document Number: E7-15760
Type: Notice
Date: 2007-08-13
Agency: Federal Railroad Administration, Department of Transportation
Petition for Waiver of Compliance
Document Number: E7-15738
Type: Notice
Date: 2007-08-13
Agency: Federal Railroad Administration, Department of Transportation
Use of Locomotive Horns at Highway-Rail Grade Crossings; Technical Amendments to Appendix D
Document Number: 07-3871
Type: Rule
Date: 2007-08-09
Agency: Federal Railroad Administration, Department of Transportation
This direct final rule makes technical amendments to appendix D of part 222 of the Code of Federal Regulations to update information contained in the appendix and direct the public to the most recent value of the Nationwide Significant Risk Threshold (NSRT). The amendments are intended to eliminate confusion regarding the data and calculations that will be used to determine the NSRT on an annual basis. Interested parties may submit written adverse comments or request an oral hearing on these amendments during the thirty (30) day period following publication of this direct final rule.
Petition for Waiver of Compliance
Document Number: E7-15157
Type: Notice
Date: 2007-08-03
Agency: Federal Railroad Administration, Department of Transportation