Report on DOT Significant Rulemakings

Table of Contents

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Federal Railroad Administration

54. Whistle Bans at Highway-Rail Grade Crossings

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

56. Locomotive Event Recorders

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

58. Occupational Noise Exposure for Railroad Operating Employees



Federal Railroad Administration
Federal Railroad Administration
54. 
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  12/18/2003 
End of Comment Period 12/31/2003  01/20/2004  02/17/2004 
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for Interim Final Rule: 68 FR 70585


Federal Railroad Administration
55. 
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   12/22/2003  12/22/2003 
To OMB 07/08/2002  01/22/2004  01/14/2004 
OMB Clearance 10/15/2002  04/22/2004   
Publication Date 10/18/2002  04/29/2004   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Railroad Administration
56. 
Locomotive Event Recorders Green
Popular Title: Event Recorders
RIN 2130-AB34
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would improve the crashworthiness of railroad locomotive event recorders and would enhance the quality of information available for post-accident investigations. FRA proposes to 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 rule was originally designated as nonsignificant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/24/1997
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/24/2003    12/22/2003 
To OMB 01/23/2004     
OMB Clearance 04/23/2004     
Publication Date 04/30/2004     
End of Comment Period 06/30/2004     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Railroad Administration
57. 
Application of Random Testing and Other Alcohol and Drug Regulations to Employees of Foreign Railroads Red
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    12/12/2003 
OMB Clearance 01/22/2004     
Publication Date 01/31/2004     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Railroad Administration
58. 
Occupational Noise Exposure for Railroad Operating Employees Green
Popular Title: Occupational Noise
RIN 2130-AB56
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would amend FRA occupational noise standards for railroad employees whose predominant noise exposure occurs in the locomotive cab. FRA 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 for railroad operating employees whose noise exposure equals or exceeds an 8-hour time-weighted average (TWA) of 85 decibels (dB). 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. This rulemaking was originally designated as nonsignificant.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 06/24/1997
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 12/22/2003    12/22/2003 
To OMB 01/23/2004     
OMB Clearance 04/23/2004     
Publication Date 04/30/2004     
End of Comment Period 07/23/2004     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None