Report on DOT Significant Rulemakings

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Table of Contents

Federal Railroad Administration

52. Whistle Bans at Highway-Rail Grade Crossings

 

53. Standards for Development and Use of Processor-Based Signal and Train Control Systems

 

54. Application of Random Testing and Other Alcohol and Drug Regulations to Employees of Foreign Railroads

Federal Railroad Administration


Federal Railroad Administration

52. 

Whistle Bans at Highway-Rail Grade Crossings

Red

Popular Title: Whistle Bans

RIN 2130-AA71

Stage: Interim Final Rule

Previous Stage: NPRM: Publication Date 01/13/2000; End of Comment Period 05/26/2000.

Abstract: Pub. Law 103-440 requires the Secretary to prohibit local whistle bans, except where there is no significant risk of accidents, alternative 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 is now preparing a final rule to implement the statute.

Effects:

 

Regulatory Flexibility Act
Federalism
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 Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/30/2003 

 

06/27/2003 

Returned to Mode

 

 

07/02/2003 

Returned to OST

 

 

07/11/2003 

To OMB

07/28/2003 

08/11/2003 

08/28/2003 

OMB Clearance

10/28/2003 

11/11/2003 

11/25/2003 

Publication Date

10/31/2003 

11/18/2003 

 

End of Comment Period

12/31/2003 

01/20/2004 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for Interim 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 seeks to facilitate the introduction of positive train control technology by providing performance-based standards for new signal and train control systems. FRA moved radio communications to RIN 2130-AB19, a nonsignificant rulemaking.

Effects:

 

Negotiated Rulemaking

Prompting action: None

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

 

 

 

To OMB

07/08/2002 

10/31/2003 

 

OMB Clearance

10/15/2002 

01/30/2004 

 

Publication Date

10/18/2002 

02/06/2004 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None



Federal Railroad Administration

54. 

Application of Random Testing and Other Alcohol and Drug Regulations to Employees of Foreign Railroads

Green

Popular Title: Control of Alcohol and Drug Use

RIN 2130-AB39

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/11/2001; Public Hearing 01/23/2002; End of Comment Period 02/11/2002; Public Hearing / Extension of Comment Period 02/14/2002; End of Extended Reply Comment Period 03/14/2002; Publication Date for Extension of Comment Period 12/10/2002; Notice of Closing of Comment Period 07/28/2003; End of Extended Comment Period 08/27/2003.

Abstract: This action would apply FRA's random testing and other alcohol and drug requirements to employees of a foreign railroad whose primary reporting point is outside the United States, and who perform train service or dispatching service in the United States. Such employees are currently exempt from random testing, pre-employment testing, and requirements for employee self-referral and co-worker report policies. FRA issued a notice (68 FR 44276) closing the comment period that had been opened until further notice. That notice also described its consultations with the governments of Canada and Mexico on the safety issues involved and the likely revisions it would make based, in part, on these consultations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/30/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2003 

 

09/16/2003 

To OMB

10/23/2003 

 

 

OMB Clearance

01/22/2004 

 

 

Publication Date

01/31/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None