Report on DOT Significant Rulemakings

Table of Contents

 

Federal Railroad Administration

48. Locomotive Crashworthiness

 

49. Occupational Noise Exposure for Railroad Operating Employees

 

50. Amendments to Design Standards for Pressurized Railroad Tank Cars

 

51. Passenger Train Emergency Systems

 

52. Use of Locomotive Horns at Highway-Rail Grade Crossings

 

53. Grant Program for Local Rail Line Relocation and Improvement Projects

 

54. Assessment of Fees on Commuter Railroads for Use of Northeast Corridor Infrastructure

 

Federal Railroad Administration


Federal Railroad Administration

48. 

Locomotive Crashworthiness

Red

Popular Title: Locomotive Crashworthiness

RIN 2130-AB23

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/02/2004; End of Comment Period 01/03/2005; Extension of Comment Period 01/12/2005; End of Extended of Comment Period 02/03/2005.

Abstract: This rulemaking will 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. This rulemaking will establish comprehensive, minimum standards for locomotive crashworthiness. Locomotive crashworthiness protection is necessary because locomotive collisions can result in crew injuries and fatalities. These performance standards are intended to help protect locomotive cab occupants in the event of a locomotive collision. Examples of locomotive collision scenarios considered include collisions with another locomotive, the rear of another train, a piece of on-track equipment, a shifted load on a freight car on an adjacent parallel track, or a highway vehicle at a rail-highway grade crossing. These crashworthiness standards must be met by demonstrating compliance with either the rule's performance standards or a FRA-approved design standard.

Effects:

 

Regulatory Flexibility Act
Negotiated Rulemaking

Prompting action: Statute

Legal Deadline: 

Report to Congress by : 03/03/1995

Rulemaking Project Initiated: 01/27/1998

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/30/2005 

 

11/28/2005 

To OMB

12/30/2005 

02/10/2006 

02/14/2006 

OMB Clearance

03/30/2006 

05/15/2006 

04/18/2006 

Publication Date

04/07/2006 

06/15/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Railroad Administration

49. 

Occupational Noise Exposure for Railroad Operating Employees

Red

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 amends FRA's occupational noise standards for railroad employees whose predominant noise exposure occurs in the locomotive cab. FRA's previous standard limited cab employee noise exposure to certain levels based on the duration of employee exposure. This rulemaking modifies that standard and also sets out additional requirements. The rulemaking requires railroads to conduct noise monitoring and to implement a hearing conservation program, which includes hearing tests (audiograms), training, and monitoring. The rulemaking also establishes design, build, and maintenance standards for new locomotives and maintenance requirements for existing locomotives. FRA expects that this rulemaking will 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 

01/09/2006 

01/09/2006 

Returned to Mode

 

05/31/2006 

05/31/2006 

Resubmitted to OST

 

06/05/2006 

05/31/2006 

To OMB

11/03/2005 

07/06/2006 

 

OMB Clearance

02/03/2006 

10/07/2006 

 

Publication Date

02/17/2006 

10/17/2006 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None



Federal Railroad Administration

50. 

Amendments to Design Standards for Pressurized Railroad Tank Cars

Red

Popular Title: Pressurized Tank Cars

RIN 2130-AB69

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend the existing design standards for pressurized tank cars pursuant to section 9005 of SAFETEA-LU.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

NPRM by : 02/10/2007

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/30/2008 

 

 

To OMB

05/28/2008 

 

 

OMB Clearance

08/26/2008 

 

 

Publication Date

08/29/2008 

 

 

End of Comment Period

10/28/2008 

 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for NPRM: None



Federal Railroad Administration

51. 

Passenger Train Emergency Systems

Red

Popular Title: Passenger Train Emergency Systems

RIN 2130-AB72

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would promote the safety of passengers and crew members in passenger train emergencies by enhancing FRA's regulations for passenger train emergency systems. The rulemaking will address passenger train emergency communication systems (public address and intercom systems), emergency evacuation systems (doors, emergency window exits, rescue access windows, and emergency roof access locations), and marking signage systems.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/26/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/02/2006 

 

03/06/2006 

To OMB

04/06/2006 

05/12/2006 

04/27/2006 

OMB Clearance

07/06/2006 

08/11/2006 

 

Publication Date

07/20/2006 

08/25/2006 

 

End of Comment Period

09/20/2006 

10/25/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Railroad Administration

52. 

Use of Locomotive Horns at Highway-Rail Grade Crossings

Red

Popular Title: Whistle Bans/Train Horn

RIN 2130-AB73

Stage: Reconsideration of Final Rule

Previous Stage: Final Rule

Abstract: This rulemaking would amend the final rule on the Use of Locomotive Horns at Highway-Rail Grade Crossings, in response to petitions for reconsideration that have been submitted by the Association of American Railroads, BNSF Railway Company, GE Transportation - Rail and Qwick Kurb, Inc. FRA also intends to make clarifying amendments to various provisions of the final rule.

Effects:

 

Regulatory Flexibility Act
EIS

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 11/02/1994

Dates for Reconsideration of Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/30/2005 

12/30/2005 

12/30/2005 

To OMB

01/31/2006 

04/28/2006 

04/24/2006 

OMB Clearance

05/01/2006 

07/28/2006 

 

Publication Date

05/05/2006 

08/07/2006 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for Reconsideration of Final Rule: None



Federal Railroad Administration

53. 

Grant Program for Local Rail Line Relocation and Improvement Projects

Red

Popular Title: Rail Relocation and Improvement

RIN 2130-AB74

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would address the establishment of a grant program authorizing the Secretary to provide financial assistance to States for local rail line relocation and improvement projects. This rulemaking would create a new part to title 49 of the Code of Federal Regulations; establish regulations governing financial assistance under Part 261, including the project selection criteria; and solicit applications for Capital Grants for Rail Line Relocation Projects. This rulemaking is required by Section 9002 of the Safe Accountable, Flexible, Efficient Transportation Act: A legacy for Users (SAFETEA-LU). Section 9002 authorizes, but does not appropriate, $350,000,000 per year for each of the fiscal years (FY) 2006 through 2009 for the purpose of funding a grant program to provide financial assistance for local rail line relocation and improvement projects. Congress has not appropriated any funding for the program for FY 2006.

Effects:

 

Economically Significant
Major

Prompting action: Statute

Legal Deadline: 

Temporary Rules : 04/01/2006
Final Rule : 10/01/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/17/2006 

03/31/2006 

04/05/2006 

To OMB

04/18/2006 

07/01/2006 

 

OMB Clearance

07/17/2006 

08/25/2006 

 

Publication Date

07/21/2006 

08/31/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Railroad Administration

54. 

Assessment of Fees on Commuter Railroads for Use of Northeast Corridor Infrastructure

Green

Popular Title: Northeast Corridor Infrastructure Fees

RIN 2130-AB75

Stage: Interim Final Rule

Previous Stage:None

Abstract: This rulemaking would govern the assessment and collection of fees from each commuter rail authority that operates over the Northeast Corridor, which reflect that rail authority's use of the corridor and its share of maintenance and capital improvements. Any fees assessed will, however, be offset by any direct annual contributions that have already been made by that rail authority for Northeast Corridor capital and maintenance expenses. Revenues from collected fees will then be merged with the capital appropriation and will be provided to, and spent by, Amtrak for capital investment.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

Fee Assessment : 09/30/2006

Rulemaking Project Initiated: 11/30/2005

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/01/2006 

04/04/2006 

04/11/2006 

To OMB

03/31/2006 

06/15/2006 

 

OMB Clearance

04/28/2006 

07/15/2006 

 

Publication Date

05/01/2006 

07/20/2006 

 

End of Comment Period

06/30/2006 

09/20/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: None



Federal Register Citation for NPRM: None