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Report on DOT Significant Rulemakings

Table of Contents

Federal Railroad Administration

50. Locomotive Crashworthiness

51. Occupational Noise Exposure for Railroad Operating Employees

52. Amendments to Design Standards for Pressurized Railroad Tank Cars

53. Passenger Train Emergency Systems

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

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

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



Federal Railroad Administration
Federal Railroad Administration
50. 
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   
Publication Date 04/07/2006  05/26/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Federal Railroad Administration
51. 
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 
To OMB 11/03/2005  03/17/2006   
OMB Clearance 02/03/2006  06/16/2006   
Publication Date 02/17/2006  06/30/2006   
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Railroad Administration
52. 
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
53. 
Passenger Train Emergency Systems Green
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     
OMB Clearance 07/06/2006     
Publication Date 07/20/2006     
End of Comment Period 09/20/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Railroad Administration
54. 
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  03/24/2006   
OMB Clearance 05/01/2006  06/23/2006   
Publication Date 05/05/2006  06/30/2006   
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for Reconsideration of Final Rule: None


Federal Railroad Administration
55. 
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     
To OMB 04/18/2006     
OMB Clearance 07/17/2006     
Publication Date 07/21/2006     
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Railroad Administration
56. 
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     
To OMB 03/31/2006     
OMB Clearance 04/28/2006     
Publication Date 05/01/2006     
End of Comment Period 06/30/2006     
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule: None