Report on DOT Significant Rulemakings

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Federal Railroad Administration
Federal Railroad Administration
52.	Whistle Bans at Highway-Rail Grade Crossings Red
Popular Title: Whistle Bans
RIN 2130-AA71
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/13/2000; End of Comment Period 05/26/2000. Interim Final Rule: Publication Date 12/18/2003; End of Comment Period 02/17/2004; Extension of Comment Period 02/13/2004; End of Extended Comment Period 04/19/2004.
Abstract: This action would govern when train whistles at public grade crossings must be sounded. FRA has found that failing to use the locomotive horn can significantly increase the number of collisions with motorists using the crossing. This action is considered significant because of substantial public interest. This action is being taken pursuant to statutory mandate. Pub. Law 103-440 requires the Secretary to prohibit local whistle bans, except where there is no significant risk of accidents, supplementary safety measures are adequate, or where use of a horn as a warning is impractical. After publishing an NPRM, FRA participated in extensive public hearings to gather comments and issued an interim final rule to implement the statute.
Effects:   Regulatory Flexibility Act EIS
Prompting action: Statute
Legal Deadline:  Final Rule : 11/02/1996 In 2000,Congress passed legislation prohibiting final rule publication before : 07/01/2001
Rulemaking Project Initiated: 11/02/1994
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 07/28/2004  09/30/2004  10/04/2004  To OMB 08/28/2004  11/29/2004  11/16/2004  OMB Clearance 10/25/2004  01/21/2005    Publication Date 10/28/2004  01/26/2005
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for Final Rule: None

Federal Railroad Administration
53.	Standards for Development and Use of Processor-Based Signal and Train Control Systems Red
Popular Title: Positive Train Control
RIN 2130-AA94
Stage: Final Rule
Previous Stage: NPRM: Publication Date 08/10/2001; End of Comment Period 11/08/2001.
Abstract: This rulemaking would govern the development, testing and approval of Micro-processor Based Signal and Train Control Systems. FRA has determined through the joint-fact-finding efforts of the Railroad Safety Advisory Committee (RSAC) that performance standards would facilitate the introduction of advanced technology, including systems that support the core functions of Positive Train Control (PTC). This rulemaking addresses technical standards for all processor-based signal and train control products, amending 49 CFR Part 236.
Effects:   Regulatory Flexibility Act Negotiated Rulemaking
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 11/28/1995
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 06/14/2002  09/30/2003  09/29/2003  Returned to Mode     10/31/2003  Resubmitted to OST   12/22/2003  12/22/2003  To OMB 07/08/2002  01/22/2004  01/14/2004  Withdrawn from OMB     04/08/2004  Resubmitted to OMB     04/16/2004  Withdrawn from OMB/2     07/09/2004  Returned To OST   09/10/2004  08/13/2004  Returned to Mode/2     08/19/2004  Resubmitted to OST/3   09/30/2004  09/30/2004  Resubmitted to OMB/2   10/07/2004  10/01/2004  OMB Clearance 10/15/2002  11/30/2004    Publication Date 10/18/2002  12/15/2004
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None

Federal Railroad Administration
54.	Locomotive Crashworthiness Red
Popular Title: Locomotive Crashworthiness
RIN 2130-AB23
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would address the crashworthiness of locomotives pursuant to the Rail Safety Enforcement and Review Act of (1992). FRA investigated locomotive crashworthiness, as well as a variety of locomotive working conditions (See RIN 2130-AA89) and reported its finding to Congress. On October 31, 1996, the Railroad Safety Advisory Committee (RSAC) accepted a preliminary planning task to schedule handling of these issues. The Locomotive Crew Safety Working Group met on January 23, 1997, to develop task statements that were forwarded to the full RSAC and accepted on June 24, 1997. The RSAC Locomotive Crashworthiness Working Group last met in January 2002, to consider specific recommendations for regulatory action. The Working Group reached consensus on proposed rule language on March 19, 2004. On April 14, 2004, the full RSAC voted to concur with the Working Group's recommendations.
Effects:   Negotiated Rulemaking
Prompting action: Statute
Legal Deadline:  Rule or Report to Congress : 03/03/1995
Rulemaking Project Initiated: 01/27/1998
Dates for NPRM: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 04/27/2004  05/26/2004  05/27/2004  Returned to Mode     06/17/2004  Resubmitted to OST     06/18/2004  To OMB 05/27/2004  07/18/2004  07/20/2004  OMB Clearance 08/27/2004  10/18/2004  10/18/2004  Publication Date 09/05/2004  10/24/2004  11/02/2004  End of Comment Period 11/08/2004  12/24/2004  01/03/2005
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 69 FR 63889

Federal Railroad Administration
55.	Locomotive Event Recorders Green
Popular Title: Train Event Recorders
RIN 2130-AB34
Stage: Final Rule
Previous Stage: NPRM: Publication Date 06/30/04; End of Comment Period 08/31/04; Extension of Comment Period 09/08/04; End of Extension of Comment Period 10/11/04.
Abstract: This rulemaking would improve the crashworthiness of railroad locomotive event recorders and would enhance the quality of information available for post-accident investigations. It would amend its existing regulations in four major ways: (1) by requiring that new locomotives have event recorders with hardened memory modules, proven by a requirement that the memory modules preserve stored data throughout a sequence of prescribed tests; (2) by requiring that new locomotives have an event recorder that collects certain additional types of information; (3) by simplifying standards for inspecting, testing, and maintaining event recorders; and (4) by requiring the phasing out, over a six-year period, of event recorders that use magnetic tape as a data storage medium. This rulemaking was originally designated as nonsignificant.
Effects:   Negotiated Rulemaking
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/24/1997
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 08/02/2005      To OMB 09/01/2005      OMB Clearance 11/30/2005      Publication Date 12/15/2005
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None

Federal Railroad Administration
56.	Occupational Noise Exposure for Railroad Operating Employees Green
Popular Title: Occupational Noise
RIN 2130-AB56
Stage: Final Rule
Previous Stage: NPRM: Publication Date 06/23/2004; End of Comment Period 09/21/2004.
Abstract: This rulemaking would amend FRA occupational noise standards for railroad employees whose predominant noise exposure occurs in the locomotive cab. FRA's existing standard (issued in 1980) limits cab employee noise exposure to certain levels based on the duration of employee exposure. This rulemaking would modify that standard and also set out additional requirements. The rulemaking would require railroads to conduct noise monitoring and to implement a hearing conservation program, which would include hearing tests (audiograms), training, and monitoring. The rulemaking would also establish design, build, and maintenance standards for new locomotives and maintenance requirements for existing locomotives. FRA expects that this rulemaking would reduce the likelihood of noise-induced hearing loss for railroad operating employees.
Effects:   Regulatory Flexibility Act Negotiated Rulemaking
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 06/24/1997
Dates for Final Rule: Milestone Originally Scheduled Date New Projected Date Actual Date To OST 10/05/2005      To OMB 11/03/2005      OMB Clearance 02/03/2006      Publication Date 02/17/2006
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None