Archive for the ‘Regulatory’ Category

FRA’s final rule on the use of cellular phones and other electronic devices

Tuesday, October 5th, 2010

Brothers, Attached is the FRA’s final rule on the use of cellular phones and other electronic devices. The rule will become effective March 27, 2011. Most of the rule requirements are similar to the requirements of Emergency order 26 which remains in effect until it is supplanted by this rule. The rule requires that upon the effective date all new and current members must have been instructed on the rule’s requirements.

 http://edocket.access.gpo.gov/2010/pdf/2010-23916.pdf

Essentially, our members are still prohibited from using their cell phones while on a moving train or while switching or brake testing is being performed and still requires that the devices be turned off and the ear piece removed. The rule prohibits managers from calling an employee’s cell phone at times when it is prohibited from being on. The limitation to only voice communication at authorized times is removed. FRA has declined to amend Part 240 at this time but believes “..it may be appropriate to allow for decertification in certain instances.” The rule allows the railroad to provide employees with and use “Railroad Supplied” electronic devices for authorized business purposes which is defined and restricted in the rule. Personal GPS devices, cell phone cameras & calculators are prohibited. Standalone cameras and calculators are permitted at authorized times. Unfortunately FRA rejected our proposal for an exception to use our cellphones for personal emergencies. As usual, FRA is issuing these rules as minimum standards and the railroads are free to implement more stringent standards.  I will prepare a memorandum for us.

Stephen J. Bruno

Brotherhood of Locomotive Engineers and Trainmen

Director of Regulatory Affairs

25 Louisianna Avenue, NW

Washington, DC  20001

Bridge Safety Standards

Sunday, August 8th, 2010

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Parts 213 and 237 [Docket No. FRA 2009–0014, Notice No. 2] RIN 2130–AC04 

Bridge Safety Standards 

AGENCY 

Administration (FRA), Department of Transportation (DOT).: Federal Railroad 

ACTION: Final rule. 

SUMMARY: FRA is establishing Federal safety requirements for railroad bridges. This final rule requires track owners to implement bridge management programs, which include annual inspections of railroad bridges, and to audit the programs. This final rule also requires track owners to know the safe load capacity of bridges and to conduct special inspections if the weather or other conditions warrant such inspections. 

  

DATES: This final rule is effective September 13, 2010. 

Federal Railroad ACTION (NPRM).: Notice of proposed rulemaking

Sunday, August 8th, 2010

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 231 [Docket No. FRA–2008–0116] RIN 2130–AB97 Railroad Safety Appliance Standards, Miscellaneous Revisions 

AGENCY 

Administration (FRA), Department of Transportation (DOT). 

: Federal Railroad ACTION (NPRM).: Notice of proposed rulemaking

SUMMARY 

the regulations related to safety appliance arrangements on rail equipment in a manner that is expected to promote the safe placement and securement of safety appliances on modern rail equipment by establishing a process for the review and approval of existing industry standards. This process will permit railroad industry representatives to submit requests for the approval of existing industrystandards relating to the safety appliance arrangements on newly constructed railroad cars, locomotives, tenders, or similar vehicles in lieu of the specific provisions currently contained in part 231. It is anticipated that the proposed special approval process will further railroad safety. It will allow FRA to consider technological advancements and ergonomic design standards for new car construction and ensure that modern rail equipment complies with the applicable statutory and safety-critical regulatory requirements related to safety appliances while providing the flexibility to efficiently address safety appliance requirements on new designsin the future for railroad cars, locomotives, tenders, or similar vehicles. 

American Short Line and Regional Railroad Association

Wednesday, July 21st, 2010

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration Petition for Waiver of Compliance 

American Short Line and Regional Railroad Association 

In accordance with part 211 of title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) received a request for a waiver of compliance with certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s [Waiver Petition Docket Number FRA–2010–0103] The American Short Line and Regional Railroad Association (ASLRRA), on behalf of its member railroads, seeks a waiver of compliance with the Locomotive Safety Standards, 49 CFR 229.129(b)(2), which requires that the sound level of locomotive horns manufactured before September 18, 2006, be tested before June 24, 2010. ASLRRA member railroads own approximately 4,000 locomotives, most of which were manufactured before September 18, 2006. ASLRRA estimates that over 50 percent of these locomotives have not yet been tested. ASLRRA states in their request that there are a number of reasons that the testing has not progressed as rapidly as needed to meet the requirement, the amount of time needed to test each locomotive, site requirements, weather conditions, and community noise complaints. ASLRRA requests that the requirement to complete testing of horns on locomotives built prior to September 18, 2006, be extended to December 30, 2012, for its membership. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. http://edocket.access.gpo.gov/2010/pdf/2010-16055.pdf 

 

 

 

Federal Railroad Administration High-Speed Intercity Passenger Rail (HSIPR) Program

Wednesday, July 21st, 2010

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration High-Speed Intercity Passenger Rail (HSIPR) Program 

SUMMARY: This notice details the application requirements and procedures for obtaining funding for high-speed and intercity passenger rail Service Development Programs available under the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010 (Div. A of the Consolidated  Appropriations Act, 2010 (Pub. L. 111–117, Dec. 16, 2009)). The Federal Railroad Administration has issued a separate notice in today’s edition of the Federal Register  for Fiscal Year 2010 funding made available for Individual Projects. This document incorporates interim guidance required for the HSIPR program pursuant to the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act for 2010 and 49 U.S.C. 24402(a)(2). The funding opportunities described in this notice are available under Catalog of Federal Domestic Assistance (CFDA)number 20.319. http://edocket.access.gpo.gov/2010/pdf/2010-15992.pdf and http://edocket.access.gpo.gov/2010/pdf/2010-15993.pdf 

Hazardous Materials: International Regulations for the Safe Transport of Radioactive Material

Wednesday, July 21st, 2010

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials Safety Administration 

[Docket No. PHMSA–2010–0130 (Notice No.10–2)] Hazardous Materials: International Regulations for the Safe Transport of Radioactive Material (TS–R–1); Draft Revision Available for Comment 

SUMMARY: PHMSA is seeking public comment on a draft revision of the International Atomic Energy Agency’s (IAEA) ‘‘Regulations for the Safe Transport of Radioactive Material’’ (TS– R–1), which is scheduled for publication in 2012. PHMSA and the U.S. Nuclear Regulatory Commission (NRC) will jointly be submitting comments on the draft document to the IAEA. http://edocket.access.gpo.gov/2010/pdf/2010-16073.pdf 

 

our collective memberships have a vested interest in railroad safety as it relates to public policy and rulemaking, and, specifically, the use of cellular telephones and other electronic devices as outlined in the notice of proposed rule making (NPRM) published on May 18, Docket No. FRA-2009-0118

Thursday, July 1st, 2010
These joint comments are submitted by five labor organizations, the Brotherhood of Locomotive Engineers and Trainmen, the United Transportation Union, the Brotherhood of Railroad Signalmen, the Brotherhood of Maintenance of Way Employes Division, and the American Train Dispatchers Association, who are the recognized collective bargaining representatives of a significant majority of railroad industry workers engaged in train operations; train dispatching; and track, signal, and electronics installation, maintenance, and inspection. As such, our collective memberships have a vested interest in railroad safety as it relates to public policy and rulemaking, and, specifically, the use of cellular telephones and other electronic devices as outlined in the notice of proposed rule making (NPRM) published on May 18, Docket No. FRA-2009-0118. http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b0480f 
To view all comments made on this subject please visit  

 

http://www.regulations.gov/search/Regs/home.html#home 

Search all or for a public comment/submission. Enter Keyword or ID:  FRA-2009-0118. Press the search button. 

NATIONAL MEDIATION BOARD

Friday, June 11th, 2010

NATIONAL MEDIATION BOARD 

29 CFR Parts 1202 and 1206 

[Docket No. C–6964] RIN 3140–ZA00 

The National Mediation Board (NMB) is delaying the effective date of its rule regarding representation election procedures from June 10, 2010 to June 30, 2010. The purpose of this notice is to notify participants under the Railway Labor Act (RLA) that the rule will apply to applications filed on or after June 30, 2010. http://edocket.access.gpo.gov/2010/pdf/2010-13696.pdf 

Restrictions on Railroad Operating Employees’ Use of Cellular Telephones and Other Electronic Devices

Tuesday, May 18th, 2010

DEPARTMENT OF TRANSPORTATION  

 Federal Railroad Administration

49 CFR Part 220 [Docket No. FRA–2009–0118] RIN 2130–AC21  

 Restrictions on Railroad Operating Employees’ Use of Cellular Telephones and Other Electronic Devices  

 FRA is proposing to amend its railroad communications regulations by restricting use of mobile telephones and other distracting electronic devices by railroad operating employees. This proposed rulemaking would codify most of the requirements of FRA Emergency Order No. 26, which would be supplanted by the final rule. FRA proposes that some of the substantive requirements of that order as well as its scope be changed by this rulemaking to accommodate changes previously recommended by a petition for review of that order and a number of additional amendments that FRA believes are appropriate. In addition, FRA is requesting comment regarding whether violations of this proposed subpart should be a basis for revoking a locomotive engineer’s certification.   

http://edocket.access.gpo.gov/2010/pdf/2010-11484.pdf 

 

     

     

     

     

     

   

   

   

   

   

   

  

  

  

  

  

  

  

  

  

  

  

  

  

  

  

Canadian National Railway Company and Grand Trunk Corporation—Control—EJ&E West Company

Monday, April 26th, 2010

Canadian National Railway Company and Grand Trunk Corporation—Control—EJ&E West Company 1 [Docket No. FD 35087]

The Surface Transportation Board will hold a public hearing beginning at 1 p.m. on Wednesday, April 28, 2010, in the Hearing Room on the first floor of the Board’s headquarters in Washington, DC. The purpose of the hearing is for Canadian National Railway Company (CN) to explain why CN’s submissions to the Board on crossing blockages of 10 minutes or more differ from data automatically reported in its own crossing gates, and why CN did not disclose that it had such information.

1 This decision also embraces Elgin, Joliet & E. Ry.—Corporate Family Exemption—EJ&E W. Co.,

 FD 35087 (Sub-No. 1); Chi., Cent. & Pac. R.R.— Trackage Rights Exemption—EJ&E W. Co., FD 35087 (Sub-No. 2); Grand Trunk W. R.R.—Trackage Rights Exemption—EJ&E W. Co., FD 35087 (Sub-No. 3);

Ill. Cent. R.R.—Trackage Rights Exemption— EJ&E W. Co., FD 35087 (Sub-No. 4); Wis. Cent. Ltd.—Trackage Rights Exemption—EJ&E W. Co., FD 35087 (Sub-No. 5); EJ&E W. Co.—Trackage Rights Exemption—Chi., Cent. & Pac. R.R., FD 35087 (Sub- No. 6); and EJ&E W. Co.—Trackage Rights Exemption—Ill. Cent. R.R., FD 35087 (Sub-No. 7).

http://edocket.access.gpo.gov/2010/pdf/2010-9611.pdf