Vol. 81 Tuesday, No. 50 March 15, 2016 Part III Department of Transportation Federal Railroad Administration 49 CFR Part 218 Train Crew Staffing; Proposed Rule VerDate Sep<11>2014 19:09 Mar 14, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\15MRP2.SGM 15MRP2 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 13918 Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Proposed Rules DEPARTMENT OF TRANSPORTATION (2) FRA anticipates being able to 3rd Floor, Room W31–309, 1200 New resolve this rulemaking without a Jersey Avenue SE., Washington, DC Federal Railroad Administration public, oral hearing. However, if FRA 20590, (202) 493–6038). receives a specific request for a public, SUPPLEMENTARY INFORMATION: 49 CFR Part 218 oral hearing prior to April 14, 2016, one Table of Contents for Supplementary [Docket No. FRA–2014–0033, Notice No. 1] will be scheduled and FRA will publish a supplemental notice in the Federal Information RIN 2130–AC48 Register to inform interested parties of I. Executive Summary the date, time, and location of any such II. Background Train Crew Staffing hearing. A. Analysis of Two Recent Catastrophic Accidents Raising Crew Size Issues AGENCY: ADDRESSES: Federal Railroad You may submit comments 1. Lac-Me´gantic, Quebec, Canada Administration (FRA), Department of identified by the docket number FRA– 2. Casselton, ND Transportation (DOT). 2014–0033 by any of the following B. Research Identifies Crewmember Tasks ACTION: Notice of proposed rulemaking methods: and the Positive Attributes of Teamwork, (NPRM). • Online: Comments should be filed Raises Concerns With One-Person Crews, at the Federal eRulemaking Portal, Especially When Implementing New SUMMARY: FRA proposes regulations http://www.regulations.gov. Follow the Technology establishing minimum requirements for online instructions for submitting 1. Cognitive and Collaborative Demands of the size of train crew staffs depending comments. Freight Conductor Activities: Results and Implications of a Cognitive Task on the type of operation. A minimum • Fax: 202–493–2251. • Analysis—Human Factors in Railroad requirement of two crewmembers is Mail: Docket Management Facility, Operations proposed for all railroad operations, U.S. Department of Transportation, 1200 2. Rail Industry Job Analysis: Passenger with exceptions proposed for those New Jersey Avenue SE., W12–140, Conductor operations that FRA believes do not Washington, DC 20590. 3. Fatigue Status in the U.S. Railroad pose significant safety risks to railroad • Hand Delivery: Room W12–140 on Industry employees, the general public, and the the Ground level of the West Building, 4. Technology Implications of a Cognitive environment by using fewer than two- 1200 New Jersey Avenue SE., Task Analysis for Locomotive person crews. This proposed rule would Washington, DC 20590 between 9 a.m. Engineers—Human Factors in Railroad also establish minimum requirements and 5 p.m., Monday through Friday, Operations 5. Using Cognitive Task Analysis To for the roles and responsibilities of the except Federal Holidays. Inform Issues in Human Systems second train crewmember on a moving Instructions: All submissions must Integration in Railroad Operations— train, and promote safe and effective include the agency name, docket name Human Factors in Railroad Operations teamwork. Additionally, FRA co- and docket number or Regulatory 6. Teamwork in U.S. Railroad Operations proposes two different options for Identification Number (RIN) for this C. The Acknowledged Limitations of FRA situations where a railroad wants to rulemaking (RIN 2130–AC48). Note that Accident/Incident Reporting Data continue an existing operation with a all comments received will be posted D. FRA’s Regulations Suggest Safety one-person train crew or start up an without change to http:// Hazards Are Created When a Train Has operation with less than two www.regulations.gov, including any Less Than Two Crewmembers 1. Difficulty Providing Point Protection for crewmembers. Under both co-proposal personal information provided. Please Shoving or Pushing Movements options, a railroad that wants to see the Privacy Act heading in the 2. Complications Returning Switches to the continue an existing operation or start a SUPPLEMENTARY INFORMATION section of Normal Position and Loss of Job new operation with less than a two- this document for Privacy Act Briefings person train crew would be required to information related to any submitted 3. Concerns Protecting Train Passengers in describe the operation and provide petitions or materials. an Emergency safety-related information to FRA; Docket: For access to the docket to 4. Deterrence of Electronic Device however, proposed Option 1 includes read background documents or Distraction and Observing Alcohol or an FRA review and approval period comments received, go to http:// Drug Impairment, Reduced Possibility of Co-Worker Referrals lasting up to 90 days while Option 2 www.regulations.gov at any time or to 5. Complicating Radio Communication proposes permitting such operations to the U.S. Department of Transportation, Procedures initiate or continue without a Docket Operations, M–30, West 6. Adding a Potential Safety Hazard to mandatory FRA review and approval Building, Ground Floor, Room W12– Highway-Rail Grade Crossing Activation waiting period or while such review is 140, 1200 New Jersey Avenue SE., Failures taking place. For start-up freight Washington, DC 20590, between 9 a.m. E. Defining the Crewmembers’ operations with less than two and 5 p.m., Monday through Friday, Qualifications crewmembers, proposed Option 2 also except Federal Holidays. III. Railroad Safety Advisory Committee requires a statement signed by the (RSAC) Overview FOR FURTHER INFORMATION CONTACT: IV. No Recommendation From the RSAC railroad officer in charge of the Joseph D. Riley, Railroad Safety Working Group operation certifying a safety hazard Specialist (OP)-Operating Crew V. FRA’s Overall Post-RSAC Approach analysis of the operation has been Certification, U.S. Department of A. The Proposal Is Largely Focused on completed and that the operation Transportation, Federal Railroad Influencing How Railroads Approach provides an appropriate level of safety. Administration, Mail Stop-25, Room Future One-Person Operations DATES: (1) Written Comments: Written W33–412, 1200 New Jersey Avenue SE., B. The Proposal Is Complimentary to Other comments on the proposed rule must be Washington, DC 20590, (202) 493–6318, Regulatory Initiatives, Not Duplicative C. Identifying How the NPRM Differs From received by May 16, 2016. Comments or Alan H. Nagler, Senior Trial FRA’s RSAC Suggested received after that date will be Attorney, U.S. Department of Recommendations considered to the extent possible Transportation, Federal Railroad D. Electronic Submission and Approval without incurring additional expense or Administration, Office of Chief Counsel, Process delay. RCC–10, Mail Stop 10, West Building VI. Section-by-Section Analysis VerDate Sep<11>2014 19:09 Mar 14, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15MRP2.SGM 15MRP2 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Proposed Rules 13919 VII. Regulatory Impact and Notices true that railroads have achieved a roles of all the crewmembers, and who A. Executive Order 12866, Executive Order continually improving safety record has the experience or ability to relieve 13563, and DOT Regulatory Policies and during a period in which the industry the locomotive engineer of some of the Procedures largely employed two-person train mental strain that can contribute to B. Regulatory Flexibility Act and Executive crews. Order 13272 accidents attributed to human factor C. Paperwork Reduction Act Persons in the railroad industry have errors. FRA understands that expert D. Federalism Implications pointed to countervailing effects of a teamwork can be achieved through E. International Trade Impact Assessment requirement to have more than one effective coordination, cooperation, and F. Environmental Impact crewmember on a train, such as communication. However, FRA G. Unfunded Mandates Reform Act of 1995 additional incidents caused by crew estimates both options of the proposal H. Energy Impact distraction. In addition, having a second would have a small impact on teamwork I. Privacy Act crew person on board a train may not because FRA expects that either co- I. Executive Summary prevent or mitigate an incident but proposal option would result in no more could add to the number of persons than the labor hour equivalent of two to Purpose of the Regulatory Action and killed or seriously injured when one three additional crewmembers Legal Authority occurs. FRA believes such instances are nationwide annually relative to what FRA is concerned that as railroads very rare, but does not have readily would occur with existing operations implement positive train control (PTC) available information for estimating with less than two crewmembers if the such potential countervailing impacts of and other technologies, they may rule were not in place and because FRA this proposed rule. FRA believes that expand use of less than two-person believes that all railroads with multiple- having a properly trained second crew crews on operations without person crews are operating in person on board, or implementing risk considering safety risks or compliance with the proposal’s mitigating actions that FRA believes are implementing risk mitigating actions requirements