Federal Railroad Administration – Federal Register Recent Federal Regulation Documents

FRA proposes amendments to regulations implementing a requirement of the Rail Safety Improvement Act of 2008 that certain passenger and freight railroads install positive train control (PTC) systems. The proposal would revise the regulatory provisions related to the de minimis exception to the installation of PTC systems generally, and more specifically, its application to yard-related movements. The proposal would also revise the existing regulations related to en route failures of a PTC system and discontinuances of signal systems once a PTC system is installed and make additional technical amendments to regulations governing grade crossing warning systems and signal systems, including PTC systems.

By notice of proposed rulemaking (NPRM) published on September 7, 2012, FRA proposed regulations to require commuter and intercity passenger railroads to develop and implement a system safety program (SSP) to improve the safety of their operations. The comment period for the NPRM closed November 6, 2012. This document reopens the comment period until December 7, 2012.

FRA is issuing this Notice to advise the public that a Draft Tier 1 Environmental Impact Statement (Tier 1 EIS) has been prepared for the Chicago to Omaha Regional Passenger Rail System Planning Study (Study). The Tier 1 EIS was prepared pursuant to the National Environmental Policy Act of 1969 (NEPA); FRA's Procedures for Considering Environmental Impacts (Environmental Procedures); and guidelines published by the Council on Environmental Quality (CEQ) on implementing NEPA. The Study includes both a Tier 1 EIS and a Service Development Plan. FRA is the lead federal agency and the Iowa Department of Transportation (Iowa DOT) is the joint-lead state agency for the environmental review process. For passenger rail projects, this Tier 1 EIS focuses on broad corridor and service level issues, while subsequent Tier 2 analyses will focus on the details of a specific project or action. Iowa DOT proposes to establish high-speed passenger rail service between Chicago, Illinois, through Iowa, to Omaha, Nebraska. The proposed project would provide an alternative to automobile, bus, and air travel by decreasing travel times, increasing frequency of service, improving reliability (particularly in inclement weather), providing an efficient transportation option, and providing amenities to improve passenger ride quality and comfort. The project would also promote environmental benefits, including reduced air pollutant emissions, improved land use options, and fewer adverse impacts to the surrounding habitat and water resources. The Tier 1 EIS presents the proposed project's purpose and need, identifies reasonable alternatives, describes the affected environment, and analyzes the potential environmental impacts of the alternatives considered, including the no-build alternative.

On October 18, 2012, FRA published a Notice of Proposed Rulemaking (NPRM) on National Highway-Rail Crossing Inventory Reporting Requirements. In the NPRM, FRA announced that it would schedule a technical symposium to give interested parties the opportunity to discuss issues associated with the electronic submission of data to the U.S. DOT National Highway-Rail Crossing Inventory (Crossing Inventory). This notice announces the scheduling of the technical symposium. This notice also extends the NPRM comment period to allow time for interested parties to submit comments after the technical symposium.

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.

FRA is proposing to amend the Federal Track Safety Standards to promote the safety of railroad operations by enhancing rail flaw detection processes. In particular, FRA is proposing minimum qualification requirements for rail flaw detection equipment operators, as well as revisions to requirements for effective rail inspection frequencies, rail flaw remedial actions, and rail inspection records. In addition, FRA is proposing to remove regulatory requirements concerning joint bar fracture reporting. This rulemaking is intended to implement section 403 of the Rail Safety Improvement Act of 2008 (RSIA).

FRA is proposing to require railroads to submit information to the U.S. DOT National Highway-Rail Crossing Inventory about highway- rail crossings and pathway crossings over which they operate. These amendments, which are required by the Rail Safety Improvement Act of 2008 (RSIA), would require railroads to submit information about previously unreported and new public and private highway-rail crossings and pathway crossings to the U.S. DOT National Highway-Rail Crossing Inventory and to periodically update the Inventory.

FRA is issuing Safety Advisory 2012-04 to remind track owners, railroads, and their track inspectors of the importance of complying with the applicable rail management programs and engineering procedures that address rail with severe rail head wear and rolling contact fatigue (RCF) conditions. FRA is issuing this notice in response to a July 11, 2012, derailment in Ohio that a preliminary investigation indicates was likely caused by the failure of multiple defects involving detail fractures in rail exhibiting significant vertical head loss (rail head wear) and gage-side-oriented RCF. This notice contains recommendations to track owners to ensure that their employees and other entities performing track inspections comply with the requirements of the applicable engineering procedures that address critical rail head wear, particularly if the track under inspection exhibits significant RCF or a sudden increase in localized rail failure.

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 (ICRs) for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below.

Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes the collection of information for which FRA intends to seek OMB approval.

FRA is issuing this Notice of Intent (Notice) to advise the public and Federal, state, and local agencies of the extension of the formal comment period for the NEC FUTURE program scoping process. The Notice of Intent to prepare a Tier 1 Environmental Impact Statement (EIS) to evaluate potential passenger rail improvements between Washington, DC, New York City, and Boston, MA was published in the Federal Register on June 22, 2012. The formal comment period for scoping was scheduled to close on Friday, September 14, 2012. In response to requests from the public provided in public testimony at Scoping meetings held from August 13th through August 22nd at nine different venues between Washington, DC and Boston, Massachusetts, FRA has decided to extend the formal comment period until Friday, October 19, 2012.

FRA is issuing this notice of intent (Notice) to advise the public that FRA, with the Michigan Department of Transportation (Michigan DOT), will jointly prepare a Tier 1 Environmental Impact Statement (EIS) to evaluate passenger rail service improvements along the Chicago, Illinois to Detroit-Pontiac, Michigan regional passenger rail corridor (the Corridor), in compliance with the National Environmental Policy Act of 1969 (NEPA). Partnering state agencies in the development of the EIS are Illinois and Indiana Departments of Transportation (IDOT and IN DOT). The objectives of the Tier 1 EIS are to evaluate a reasonable range of alternatives, select a rail corridor, and make decisions regarding future improvements to intercity passenger rail service provided in the corridor, including increased train frequency, reduced trip time, and improved on-time performance. Alternatives under consideration will include a no-action (no-build) alternative, as well as multiple build alternatives between Chicago, Illinois and Porter, Indiana, near Battle Creek, Michigan, and in the Detroit, Michigan region. The build alternatives may include infrastructure improvements to the existing rail corridor, the development of a new rail corridor, or a combination of both. FRA is issuing this Notice to solicit public and agency input in the development of the scope of the EIS and to advise the public that FRA and Michigan DOT will conduct outreach activities for the preparation of the EIS. To ensure that all significant issues are identified and considered, all interested parties are invited to comment on the proposed scope of the environmental review. Comments on the scope of the EIS, including the proposed Project's purpose and need, alternatives to be considered, the impacts to be evaluated, and the methodologies to be used in the evaluation are encouraged.

FRA announces the forty-seventh 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 status reports will be provided by the Critical Incident, Fatigue Management, and Risk Reduction Working Groups. Status reports will also be provided by the Engineering and System Safety Task Forces, and a presentation on headwear will be provided. This agenda is subject to change, including the possible addition of further proposed tasks under the Rail Safety Improvement Act of 2008.

FRA is proposing to amend its regulations on railroad workplace safety to resolve interpretative issues that have arisen since the 1996 promulgation of the original Roadway Worker Protection (RWP) regulation. In particular, this NPRM proposes to define certain terms, establish new procedures for snow removal and cleaning on passenger station platforms, resolve miscellaneous interpretive issues, codify certain FRA Technical Bulletins, and requests comment on certain training requirements for roadway workers. FRA is also proposing to update three incorporations by reference of industry standards in existing sections of FRA's Bridge Worker Safety Standards.

FRA is issuing this notice to advise the public that FRA and the Oregon Department of Transportation (ODOT) will jointly prepare a Tier 1 Environmental Impact Statement (EIS) in compliance with the National Environmental Policy Act of 1969 (NEPA) to study potential infrastructure investments along the Oregon portion of the Pacific Northwest Rail Corridor (PNWRC). The objective of the Tier 1 EIS is to evaluate a reasonable range of alternatives and select a rail corridor as well as making decisions regarding the level of intercity passenger rail service provided in the corridor, including variations in train frequency, trip time, and on-time performance. Alternatives under consideration will include taking no action (No-Build Alternative), as well as multiple build alternatives between Eugene-Springfield and the Columbia River in Portland. The build alternatives may include infrastructure improvements to the existing rail corridor, the development of a new rail corridor, or a combination of both. FRA is also issuing this notice to solicit public and agency input in the development of the scope of the EIS and to advise the public that outreach activities conducted by FRA and ODOT will be considered in the preparation of the EIS.