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Report on DOT Significant Rulemakings

Table of Contents

Federal Railroad Administration

39. Hours of Service Record Keeping

40. Roadway Worker Protection; Adjacent-Track On-Track Safety

41. Safety Appliance Standards, Miscellaneous Revisions

42. Positive Train Control

43. Alcohol and Controlled Substance Testing for Maintenance-of-Way Employees

44. Risk Reduction Program





Federal Railroad Administration



Federal Railroad Administration
39.  Hours of Service Record Keeping Green
Popular Title:Hours of Service Record Keeping
RIN 2130-AB85
Stage: Final Rule
Previous Stage:None
Abstract: This rulemaking would revise the hours of service record keeping regulations to allow for the use of electronic record keeping systems. It would also clarify the existing hours of service recordkeeping regulations to ensure that they are applied consistently to both paper and electronic records. It would also ensure that all records, whether created manually or electronically, would allow for proper enforcement of the hours of service law. This rulemaking was downgraded to nonsignificant.
Effects:
 Information Collection
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 08/02/2006
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/15/2009  04/30/2009  04/30/2009 
Publication Date 06/15/2009  06/30/2009  05/27/2009 
Explanation for any delay:N/A
Federal Register Citation for Final Rule: 74 FR 25330




Federal Railroad Administration
40.  Roadway Worker Protection; Adjacent-Track On-Track Safety Red
Popular Title:Roadway Worker Protection; Adjacent-Track On-Track
RIN 2130-AB96
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would simplify the determination regarding whether or not adjacent track protection is required for roadway work groups engaged in large-scale maintenance or construction, pursuant to 49 CFR Part 214. The recent increase in roadway worker fatalities that have occurred on adjacent track has caused some concern at FRA and throughout the industry, even prompting the filing of a petition for emergency order. FRA issued a notice of safety advisory to address the issue in May of 2004; however, it appears that the effects were not long-lasting. This rulemaking is based on the consensus language developed through the Roadway Worker Protection (RWP) Working Group of FRA´s Railroad Safety Advisory Committee (RSAC).
Effects:
 None
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 08/20/2008
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST     11/14/2008 
Returned to Mode     11/20/2008 
Resubmitted to OST 03/02/2009  04/09/2009  04/03/2009 
Returned to Mode/2     04/15/2009 
Resubmitted to OST/2   05/05/2009  05/05/2009 
Returned to Mode/3     05/29/2009 
Resubmitted to OST/3   07/24/2009   
To OMB 04/03/2009  08/24/2009   
OMB Clearance 07/06/2009  11/24/2009   
Publication Date 07/22/2009  12/04/2009   
End of Comment Period 09/21/2009  02/04/2010   
Explanation for any delay:Additional coordination necessary
Federal Register Citation for NPRM: None




Federal Railroad Administration
41.  Safety Appliance Standards, Miscellaneous Revisions Red
Popular Title:Safety Appliance Standards, Miscellaneous Revision
RIN 2130-AB97
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would revise the Federal Railroad Administration’s Safety Appliance regulations in 49 CFR part 231 to provide greater flexibility to the industry in creating new car designs while also advancing the safety of those persons who are engaged in activities requiring them to work on and around safety appliance apparatuses. FRA would add a process to the Safety Appliance regulations that would allow an alternative method of compliance. Under this process, railroad industry representatives could submit requests for special approval to build new rail cars in accordance with existing industry safety appliance standards. This rulemaking´s designation was upgraded to significant by OMB.
Effects:
 None
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 07/01/2008
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/11/2009  07/17/2009   
To OMB 06/04/2009  08/17/2009   
OMB Clearance 09/02/2009  11/17/2009   
Publication Date 09/11/2009  11/20/2009   
End of Comment Period 11/10/2009  01/20/2010   
Explanation for any delay:Lack of resources
Federal Register Citation for NPRM: None




Federal Railroad Administration
42.  Positive Train Control Yellow
Popular Title:Positive Train Control Implementation
RIN 2130-AC03
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would regulate the submission of Positive Train Control plans; the implementation of the Positive Train Control Systems; and the qualification, installation, maintenance and use of the these systems required under 49 USC 20157 or specifically required by the Federal Railroad Administration.
Effects:
 Economically Significant
Major
Regulatory Flexibility Act
Prompting action:Statute
Legal Deadline: None
Rulemaking Project Initiated: 10/16/2008
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/05/2009  05/29/2009  05/28/2009 
To OMB 05/18/2009  06/16/2009  06/19/2009 
OMB Clearance 06/01/2009  06/30/2009   
Publication Date 06/12/2009  07/08/2009   
End of Comment Period 08/12/2009  09/08/2009   
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Federal Railroad Administration
43.  Alcohol and Controlled Substance Testing for Maintenance-of-Way Employees Green
Popular Title:Controlled Substance Testing/Maintenance Employees
RIN 2130-AC10
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would revise the Federal Railroad Administration´s alcohol and drug regulations to cover all employees of railroads, railroad contractors, and subcontractors who perform maintenance-of-way activities. The rulemaking would also make other miscellaneous updates to 14 CFR Part 219.
Effects:
 None
Prompting action:Statute
Legal Deadline:  Final Rule : 10/16/2010
Rulemaking Project Initiated: 10/16/2008
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/08/2009     
To OMB 10/07/2009     
OMB Clearance 01/05/2010     
Publication Date 01/13/2010     
End of Comment Period 03/15/2010     
Explanation for any delay:N/A
Federal Register Citation for NPRM: None




Federal Railroad Administration
44.  Risk Reduction Program Black
Popular Title:Risk Reduction Program
RIN 2130-AC11
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would require railroads to submit Risk Reduction Programs for review and approval to the FRA Administrator. These programs would be reviewed for annual compliance. The rulemaking would also ensure that railroads comply with their Positive Train Control (PTC) schedules and ensure railroads implement PTC by December 31, 2018, except as required by § 104 of the Rail Safety Improvement Act of 2008.
Effects:
 Economically Significant
Major
Prompting action:Statute
Legal Deadline:  Final Rule : 10/16/2012
Rulemaking Project Initiated: 10/16/2008
Dates for NPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:N/A
Federal Register Citation for NPRM: None