Report on DOT Significant Rulemakings

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
Extension of Comment Period			02/13/2004
End of Extended Comment Period			04/19/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: 68 FR 70585

Federal Railroad Administration

52.

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:

Regulatory Flexibility Act
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
Withdrawn from OMB			04/08/2004
Resubmitted to OMB			04/16/2004
OMB Clearance	10/15/2002	05/30/2004
Publication Date	10/18/2002	06/07/2004

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Federal Railroad Administration

53.

Locomotive Crashworthiness

Green

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.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 01/27/1998

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/27/2004
To OMB	05/27/2004
OMB Clearance	08/27/2004
Publication Date	09/05/2004
End of Comment Period	11/08/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Railroad Administration

54.

Locomotive Event Recorders

Yellow

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		03/18/2004
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

55.

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		03/11/2004
Publication Date	01/31/2004		04/12/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: 69 FR 19270

Federal Railroad Administration

56.

Occupational Noise Exposure for Railroad Operating Employees

Yellow

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:

Regulatory Flexibility Act

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		03/08/2004
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