Department of Transportation

Vol. 76 Friday, No. 156 August 12, 2011 Part III Department of Transportation Federal Railroad Administration 49 CFR Part 228 Hours of Service of Railroad Employees; Substantive Regulations for Train Employees Providing Commuter and Intercity Rail Passenger Transportation; Conforming Amendments to Recordkeeping Requirements; Final Rule VerDate Mar<15>2010 17:08 Aug 11, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12AUR2.SGM 12AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 50360 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room W12–140 on C. Significant Task Force Contributions to the Ground level of the West Building, the Development of the NPRM Federal Railroad Administration 1200 New Jersey Avenue, SE., 1. Schedule Analysis Washington, DC, between 9 a.m. and 2. Fatigue Mitigation Tool Box 49 CFR Part 228 D. Areas of Working Group and Task Force 5 p.m. Monday through Friday, except Concern During Development of the Federal holidays. NPRM [Docket No. FRA–2009–0043, Notice No. 2] Instructions: All submissions must 1. Proposed Definitions of ‘‘Type 1 include the agency name and docket Assignment’’ and ‘‘Type 2 Assignment’’ RIN 2130–AC15 number or Regulatory Identification 2. Proposed Limitations on Number of Hours of Service of Railroad Number (RIN) for this rulemaking. Note Consecutive Days that all petitions received will be posted 3. Precision of Fatigue Models and Employees; Substantive Regulations Threshold for Train Employees Providing without change to http:// www.regulations.gov including any 4. Freight Railroad Employees Acting as Commuter and Intercity Rail Passenger Pilots for Commuter or Intercity Transportation; Conforming personal information. Please see the Passenger Trains Amendments to Recordkeeping Privacy Act heading in the V. Response to Public Comments on the Requirements SUPPLEMENTARY INFORMATION section of NPRM this document for Privacy Act VI. Section-by-Section Analysis AGENCY: Federal Railroad information related to any submitted VII. Regulatory Impact and Notices Administration (FRA), Department of petitions, comments, or materials. A. Executive Order 12866 and 13563 and Transportation (DOT). Docket: For access to the docket to DOT Regulatory Policies and Procedures B. Executive Order 13132 ACTION: Final rule. read background documents or comments received, go to http:// C. Executive Order 13175 D. Regulatory Flexibility Act and Executive SUMMARY: FRA is amending its hours of www.regulations.gov or to Room W12– Order 13272 service recordkeeping regulations, to 140 on the Ground level of the West 1. Description of Regulated Entities and add substantive hours of service Building, 1200 New Jersey Avenue, SE., Impacts regulations, including maximum on- Washington, DC, between 9 a.m. and 2. Certification duty periods, minimum off-duty 5 p.m. Monday through Friday, except E. Paperwork Reduction Act periods, and other limitations, for train Federal holidays. F. Unfunded Mandates Reform Act employees (e.g., locomotive engineers FOR FURTHER INFORMATION CONTACT: G. Environmental Assessment and conductors) providing commuter Mark H. McKeon, Special Assistant to H. Privacy Act and intercity rail passenger the Associate Administrator for Railroad I. Executive Summary transportation. The new substantive Safety/Chief Safety Officer, FRA, 1200 Having considered public comments regulations require that railroads New Jersey Avenue, SE., RRS–1, Mail in response to FRA’s March 22, 2011 employing such train employees Stop 25, Washington, DC 20590 proposed rule in this rulemaking (76 FR analyze and mitigate the risks for fatigue (telephone: 202–493–6350); Dr. Thomas 16200), FRA issues this final rule in the schedules worked by these train G. Raslear, Staff Director, Human establishing substantive hours of service employees, and that the railroads Factors Research Program, Office of regulations for train employees who submit to FRA for its approval the Research and Development, FRA, 1200 provide commuter or intercity rail relevant schedules and fatigue New Jersey Avenue, SE., RPD–321, Mail passenger transportation (passenger mitigation plans. This final rule also Stop 20, Washington, DC 20590 makes corresponding changes to FRA’s train employees). (telephone 202–493–6356); Colleen A. Federal laws governing railroad hours of service recordkeeping Brennan, Trial Attorney, Office of Chief employees’ hours of service date back to regulation, to require railroads to keep Counsel, FRA, 1200 New Jersey Avenue, 1907 with the enactment of the Hours of hours of service records and report SE., RCC–12, Mail Stop 10, Washington, Service Act (Pub. L. 59–274, 34 Stat. excess service to FRA in a manner DC 20590 (telephone 202–493–6028 or 1415), and FRA, under delegations from consistent with the new substantive 202–493–6052); or Matthew T. Prince, the Secretary of Transportation requirements. This regulation is Trial Attorney, Office of Chief Counsel, (Secretary), has long administered authorized by the Rail Safety FRA, 1200 New Jersey Avenue, SE., statutory hours of service requirements Improvement Act of 2008. RCC–12, Mail Stop 10, Washington, DC for the three groups of employees now DATES: Effective Date: This final rule is 20590 (telephone 202–493–6146 or 202– covered under the statute, namely effective October 15, 2011. Petitions for 493–6052). employees performing the functions of reconsideration must be received on or SUPPLEMENTARY INFORMATION: train employees, signal employees, and before October 5, 2011. Table of Contents for Supplementary dispatching service employees, as those ADDRESSES: Petitions for Information terms are defined at 49 U.S.C. 21101. reconsideration: Any petitions for See 49 CFR 1.49; 49 U.S.C. 21101– reconsideration related to Docket No. I. Executive Summary 21109, 21303. FRA–2009–0043, Notice No. 2, may be II. Statutory Background and History These requirements have been III. Scientific Background submitted by any of the following A. Validated and Calibrated Fatigue amended several times over the years, methods: Models most recently in the Rail Safety • Web site: The Federal eRulemaking 1. Fatigue Avoidance Scheduling ToolTM Improvement Act of 2008 (Pub. L. 110– Portal, http://www.regulations.gov. Model 432, Div. A) (RSIA). The RSIA Follow the Web site’s online 2. Fatigue Audit InterDyneTM Model substantially amended the requirements instructions for submitting comments. B. Diary Study of Train Employees on of 49 U.S.C. 21103, applicable to train • Fax: 202–493–2251. Commuter and Intercity Passenger employees, defined as ‘‘individual[s] • Railroads Mail: Docket Management Facility, IV. Railroad Safety Advisory Committee engaged in or connected with the U.S. Department of Transportation, 1200 Process movement of a train, including a New Jersey Avenue, SE., W12–140, A. Overview of the RSAC hostler.’’ 49 U.S.C. 21101(5). However, Washington, DC 20590. B. RSAC Proceedings in this Rulemaking the RSIA also granted the Secretary VerDate Mar<15>2010 17:08 Aug 11, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12AUR2.SGM 12AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50361 authority to prescribe regulations years from the date of enactment of the RSIA were not appropriate for passenger governing the hours of service of RSIA. 49 U.S.C. 21102(c). In the absence train employees. The chart below passenger train employees. 49 U.S.C. of a final rule in effect governing this compares and contrasts (1) the hours of 21109(b)–(c). As will be discussed group of train employees, the service requirements in 49 U.S.C. 21103 below, FRA interprets commuter or requirements of the RSIA currently in as amended by the RSIA, (2) the intercity rail passenger transportation to effect for other train employees (new statutory hours of service requirements include rail passenger transportation by Section 21103) would go into effect for applicable to all train employees tourist, scenic, excursion, and historic passenger train employees on October immediately prior to the RSIA, which railroads. The RSIA provided that this 16, 2011. 49 U.S.C. 21102(c). are currently still applicable to As will be discussed further below, particular subset of train employees passenger train employees until the FRA reviewed the applicable fatigue (i.e., passenger train employees) would science, and sought input from FRA’s effective date of this final rule, and (3) continue to be governed by 49 U.S.C. Railroad Safety Advisory Committee the requirements of this final rule that 21103 as it existed prior to the (RSAC). Based on FRA’s understanding applies to passenger train employees enactment of the RSIA (old Section of current fatigue science, and from the effective date of the rule, with 21103), until the earlier of, the effective information received through RSAC, the compliance date of some provisions date of final regulations prescribed by FRA determined that the requirements delayed for a period of 180 or 545 days the Secretary, or the date that is three imposed on train employees by the from the effective date. Train employee statutory provisions immediately prior Freight train employee statute to the RSIA and currently FRA passenger train employee applicable only to passenger final rule train employees Citation ........................................... 49 U.S.C. 21103 (as amended by 49 U.S.C. 21103 as it existed 49 CFR part 228, subpart F. the RSIA

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