Rulemaking Documents Search

actual employer. Service agents, such as collectors, BATs or STTs, are not and never have been authorized to make this decision. The service agent's role is … have up to three hours to provide a sufficient specimen (during which time the employee should be monitored). If at the end of the three-hour period, the employee … this will begin a one-hour period to allow a sufficient specimen. Also, this necessitates a second oral fluid collection within one hour, or the employer could … under the Department's regulation, the U.S. Department of Health and Human Services will need to certify at least two laboratories for oral fluid testing, … using Oral Fluid established by the U.S. Department of Health and Human Services. In addition, this rule amends the FAA, FMCSA, FRA and FTA regulations

passenger rail service subject to FRA safety jurisdiction, including line extensions and the resumption of service if passenger rail service has not been … a period of simulated service prior to commencing revenue service have required a minimum of two to six weeks of simulated service to address issues and … simulated service can vary greatly depending on the scope of the re-started or re-routed service. For example, the re-start of a discontinued service may necessitate

alcohol either within four hours of reporting for regulated service or after receiving notice to report for regulated service, whichever is less. This is … military service, off with an extended illness, or working in another service. In situations like these where a dispatcher is not performing service that requires … companies plans + 53.33 Class II and III railroads plans) 120 hours + 120 hours + 6 hours 2,439.18 115.24 281,091.10 —(d)(1) Dispatcher certification

train and engine service employees. The report also noted that the greatest proportion of contractors covered under the Hours of Service laws are signal … alcohol either within four hours of reporting for regulated service or after receiving notice to report for regulated service, whichever is less. This is … companies plans + 170 Class II and III railroads plans) 120 hours + 120 hours + 6 hours 3,139.20 115.24 361,761.41 —(d)(1) Signal employees

• Each cinder block test requires 10 labor hours, e.g., 2 hours to customize the cinder block and 8 hours to run the cinder block test. • After FRA … 733 railroads 1 renewal waiver 4 hours 4.00 hours $309.76 —(d) Passenger cars removed from service until broken/damaged windows are replaced … pieces 480 pieces per hour 52.08 hours $3,119.07 Total 733 railroads + 3 manufacturers 25,426 responses N/A 262 hours $15,839 All

railroads subject to this subpart who perform service subject to the provisions of the hours of service law governing “train employees,” see 49 U.S … railroads' programs + 1 generic program developed by ASLRRA) 80 hours + 2 hours + 80 hours 351.33 $30,167.83 —(c) Records of positions or … “hazardous employee”, “In service or in-service”, “intermodal container”, “ISO”, “NIOSH”, “PIH material”, “residue”, “state”, “switching service”, “system headquarters”

provides training services for people who are safety-related railroad employees or independent students who will rely on the training services provided to qualify … data (Railroads with 400,000 annual employee work hours or more) 22 railroads 22 reviews 16 hours 352 27,104 —(b) Railroad copy of written … provide training services for people who are safety-related railroad employees or independent students who will rely on the training services provided to qualify

well after the 10 years of service can remain in service; and (2) sheeting that underperforms before the 10 years of service can be identified and replaced … waiver petition requires 40 hours of labor, and each extension requires 8 hours of labor. Accounting for these labor hours at the STB Executives, Officials … exclusively in passenger service, 14 because generally, the conspicuity of equipment used in conventional passenger service is significantly better

operators are not working 12 hours on duty as permitted by the hours of service laws, but instead are on duty 9 to 10 hours; three-quarters of these train … assigned to a controlling locomotive; called to perform service subject to the Federal hours of service requirements; involved with the movement of the equipment … passenger service or commuter or other short-haul passenger service in a metropolitan or suburban area. 158 For passenger train service, a locomotive

Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7) 2 … Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7) … Out-of-service order (failure to cease operations as ordered) 49 U.S.C. 521(b)(2)(F) 29,893 32,208 Appendix A IV (h) Out-of-service order (operating

railroads 2.33 plans 90 hours 209.70 hours 18,328.20   15 ISP railroads 3.33 plans 50 hours 166.50 hours 14,552.43 —(c)(3)(ii) … Class I + 2.33 reviews 22 hours 51.26 hours 4,083.06   15 ISP railroads 1.67 reviews 16 hours 26.72 hours 2,128.35 —Consultation … railroads 0.33 amended plan 40 hours 13.20 hours 1,051.43   15 ISP railroads 1 amended plan 20 hours 20 hours 1,593.08 Totals 35

consultation is 44 hours. Administrative time spent per Class I freight railroad for consultation revision tasked by FRA is 22 hours, half the time needed … initial consultation is 20 hours. Administrative time spent per ISP railroad for consultation revision tasked by FRA is 10 hours. Contractor time spent for … 1.25 hours per contractor. Contractor time spent for consultation revision tasked by FRA is the same as the initial consultation and is 1.25 hours per applicable

Each cinder block test requires 10 labor hours, e.g., 2 hours to customize 4 cinder blocks and 8 hours to run the cinder block test. Two additional … 704 railroads 1 renewal waiver 4 hours 4.00 hours $460.96 —(d) Passenger cars removed from service until broken/damaged windows are replaced … pieces 480 pieces per hour 52.08 hours $3,119.07 Total 704 railroads + 5 manufacturers 25,426 responses N/A 262 hours $15,990 All

who are covered by the hours of service laws at 49 U.S.C. 21103, 21104, or 21105, or who would be subject to the hours of service laws at 49 U.S.C. 21103 … regulated service. An employee may not perform regulated service after 30 days from the date on which the employee first performed regulated service, unless … performs regulated service exclusively for railroads with fewer than 400,000 total employee annual work hours, including hours worked by all employees

1 program 4 hours 4 304 —RR written response in support of disapproved program 746 railroads 1 written response 20 hours 20 1,520 … those of inspecting, testing, servicing, or repairing rolling equipment 746 railroads 19 rules/procedures 2 hours 38 2,888 214.320—Roadway … reduction benefits associated with this waiver, FRA estimated the labor hours required for FRA to review and approve each waiver. Table V-1 below displays

340—PRIORITY USE AND ALLOCATION OF SHIPPING SERVICES, CONTAINERS AND CHASSIS, AND PORT FACILITIES AND SERVICES FOR NATIONAL SECURITY AND NATIONAL DEFENSE … add in its place “$127,712”. PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 58. The authority … paragraph to read as follows: Appendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation General Provisions

increase of 40 hours for the first three years of a host railroad reporting and 20 hours for each subsequent year, as compared to the 8-hour burden estimate … Total Costs Year Total marginal hour burden Total new submission hour burden Total new complete hour burden Total annual host railroad … Estimate Changes From NPRM to Final Rule Description NPRM (hours) Final rule (hours) Form FRA F 6180.152 Burden (First Three Years) 12

performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services. Section 207 also calls for consultation with … minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services. Finally, section 207 provides that, to the … canceled trains (less than 4 hours advance notice) are counted as late customer arrivals at their ticketed station if service to their ticketed station is … establishes metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations. … Metrics and Minimum Standards for Intercity Passenger Rail Service

A IV (a) Out-of-service order (operation of CMV by driver) 49 U.S.C. 521(b)(7) 1,928 1,951 Appendix A IV (b) Out-of-service order (requiring … Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7) 1 … Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7)

100 hours 100 hours 7,200 —Petitions for special approval of pre-revenue service acceptance plan 708 railroads 1 petition 100 hours 100 … 100 hours 7,200 —(d) Service of petitions 708 railroads 1 petition 20 hours 20 hours 1,440 —(d)(2)(ii) Statement of interest Public/railroads … railroads 1 plan 40 hours 40 hours 2,880 —Amendments/Revisions to Plan 50 railroads/plans 10 revisions 20 hours 200 hours 14,400 —Recordkeeping … waivers related to single car air brake tests, end-of-train devices, helper service, and brake maintenance. FRA is also extending the time that freight rail

performs regulated service (as defined in this section). Regulated Service Currently, “regulated service” means activities a covered service employee or MOW … who are covered by the hours of service laws at 49 U.S.C. 21103, 21104, or 21105, or who would be subject to the hours of service laws at 49 U.S.C. 21103 … (MOW) employees, employees in non-covered service crafts ( i.e., employees not subject to the hours of service laws in 49 U.S.C. chapter 211, which would

100 hours 100 7,200 —Petitions for special approval of pre-revenue service acceptance plan 708 railroads 1 petition 100 hours 100 … rules 8 hours 80 5,760 232.207—Class IA brake tests—Designation Lists Where Performed 708 railroads 1 list 1 hour 1 hour 72 … 1 report 12 hours 12 864 232.503—Process to introduce new brake technology 708 railroads 1 letter 1 hour 1 hour 72 —Special

trainsets outside of revenue service hours to be “in passenger service/in revenue service.” But, they may be considered “in service.” 63  Unscheduled … repositioning moves are not considered “in passenger service/in revenue service,” but rather considered “in service,” as that term was defined in the NPRM, as trainsets … MOW operations during revenue service hours to repair a broken rail, for example, requires TCRR to halt revenue service over the affected portion of the … Railway Company (JRC), and will be used exclusively for revenue passenger service.

New Complete Hour Burden × $77.47. Table E—Ten-Year Total Costs Year Total marginal hour burden Total new submission hour burden … submitting the required information will increase initially from 8 hours to 12 hours per report on average. FRA estimates that, over time, railroads will … develop procedures that decrease the reporting burden from 12 hours per submission to 10 hours per submission. FRA assumes this decrease will begin in the

228 subpart F (the hours of service laws and regulations); (2) involved in railroad operations, but not subject to the hours of service laws and regulations; … employees' fatigue associated with railroad operations through prescriptive hours of service (HOS) limitations and rest requirements. See 49 U.S.C. 21103, 21104 … Fatigue risk in an industry that operates 24 hours a day, 7 days per week is not just dependent on how many hours per day a person is permitted to work, or

IV (a) Out-of-service order (operation of CMV by driver) 49 U.S.C. 521(b)(7) 1,895 1,928 Appendix A IV (b) Out-of-service order (requiring … Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7) 1 … Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7)

party performing service. If files are too large to email, the party performing service must make arrangements to perform the service by mail or other … a railroad will need to maintain service records for certified locomotive engineers who are not performing service that requires locomotive engineer certification … Counsel. E. General Docketing and Service Concerns Labor Commenters raised several general docketing and service concerns. For instance, the commenters

+ DC 1.3 plans + 2.3 plans + 4 plans + 6 plans 700 hours + 550 hours + 200 hours + 60 hours 3,377 $206,672 —(c)(1) Updated Action Plans (10 … § 234.11(e)) 10 States 1 plan + 1 plan + 1.3 plans 1,100 hours + 640 hours + 225 hours 2,040 124,848 —(c)(2) Implementation reports (10 listed … 11(e)) 10 States 1 report + 1 report + 1.3 reports 160 hours + 120 hours + 40 hours 333 20,380 —(f)(2) Notification to FRA by State or

1 program 4 hours 4 304 —RR written response in support of disapproved program 741 railroads 1 written response 20 hours 20 1,520 … those of inspecting, testing, servicing, or repairing rolling equipment 741 railroads 19 rules/procedures 2 hours 38 2,888 214.320—Roadway … estimate the cost savings associated with this waiver, FRA estimated the labor hours required for FRA to review and approve each waiver. Table IV-1 below displays

passenger service is operated during the inspection week, or (2) if passenger service is operated during the inspection week: (i) The passenger service is operated … within four hours. Depending on the type and severity of an indication, as proposed § 213.240 would allow railroads up to either 36 or 84 hours to field-verify … that “the number of days/hours in the Remedial Action Table” should be reduced to “accommodate the additional 36 to 84 hours for `field verification'

threshold, continue under a Government shutdown. However, any specific service a user might need would be deferred until after the shutdown. FRA also suggests … in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The … obtained. 5. The wage data are reported in terms of dollars earned per hour, while the equipment cost data are indexed to a base year of 1982. 6. The

performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services. Section 207 further provides that the metrics … minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services. Finally, Section 207 provides that, to the … minutes of delay, causes of delay, on-board services, stations, facilities, equipment, and other services. FRA's first quarterly report would be issued … proposes metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations. Consistent with the statutory … Metrics and Minimum Standards for Intercity Passenger Rail Service

Agencies are located at 1200 New Jersey Ave. SE, Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m. ET, Monday through Friday, except Federal … include, for example, the obligation to consult with U.S. Fish & Wildlife Service under the Endangered Species Act. It could also possibly include compliance … in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The

in revenue service. In service means, when used in connection with trainset, a trainset subject to this part that is in revenue service, unless the … (1.24 miles per hour) for speed lower than 30 km/h (18.6 miles per hour), then increasing linearly up to ± 12 km/h (7.5 miles per hour) at 500 km/h (311 … which the event recorder has been taken out of service may remain in-service only until the next pre-service inspection. A trainset with an inoperative event … high-speed rail system, and will be used exclusively for revenue passenger service.

annual employee work hours, with the exception of those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. … annual employee work hours, with the exception of those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more, … intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. DATES: This regulation is effective December 30 … intercity or commuter passenger railroads with 400,000 total employee work hours annually or more.

contained in the NPRM. FRA will conduct these proceedings during the first hour of the hearing. Under 49 U.S.C. 20306, FRA may exempt TCRR from the above-identified … stringent operating rules and procedures, which will be consistent with the service-proven procedures utilized on the Tokaido Shinkansen. Additionally, as proposed … to the public docket in this rulemaking proceeding. For information on services for persons with disabilities, please contact FRA Program Analyst, Mr.

100 hours 100 hours 7,300 —Petitions for special approval of pre-revenue service acceptance plan 741 railroads 1 petition 100 hours 100 … 100 hours 7,300 —Service of petitions 741 railroads 1 petition 20 hours 20 hours 1,460 —Statement of interest Public/railroads … Public/railroads 4 statements 8 hours 32 hours 2,336 —Comment Public/railroads 13 comments 4 hours 52 hours 3,796 232.103—Gen'l requirements—all … waivers related to single car air brake tests, end-of train devices, helper service, and brake maintenance. FRA is also proposing to extend the time that freight

annual employee work hours with the exception of those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. … annual employee work hours, with the exception of those intercity or commuter passenger railroads with 400,000 total employee work hours annually or more, … intercity or commuter passenger railroads with 400,000 total employee work hours annually or more. DATES: Written comments on the proposed rule must … intercity or commuter passenger railroads with 400,000 total employee work hours annually or more.

with Amtrak to provide IPR service on their State-supported routes. As such, the typical IPR service is an Amtrak-scheduled service using equipment Amtrak … included context for the particular rail services provided (for example, NNEPRA/MEDOT explained its “Downeaster” service) and emphasized the apparent lack of … but rather pays Amtrak the difference between service costs and revenues to operate the Downeaster service. See NNEPRA/MEDOT at 4. VTrans noted that it

October 2011. FRA notes that RSIA section 108 applies specifically to hours-of-service reform, not the fatigue management programs that RSIA section 103 mandates … by reported employee labor hours between 2016 and 2018. Each tick mark along the x-axis represents a range of employee hours. The bar heights along the … the number of railroads that reported employee labor hours within a given range of employee hours. Figure 1 demonstrates that the vast majority of Class

contained in the NPRM. FRA will conduct these proceedings during the first hour of the hearing. Under 49 U.S.C. 20306, FRA may exempt TCRR from the above-identified … stringent operating rules and procedures, which will be consistent with the service-proven procedures utilized on the Tokaido Shinkansen. Additionally, as proposed … docket in this rulemaking proceeding. For information on facilities or services for persons with disabilities, or to request special assistance at the

passenger service is operated during the inspection week, or (2) if passenger service is operated during the inspection week: (i) The passenger service is operated … excessive service interruptions, and extensive traffic rerouting. The challenge for the railroad industry is to avoid the occurrence of rail service failure … an evaluation process of fatigue service failures that occur soon after testing, and by comparing the ratio of service failures or broken rails to detected

procedures 24 hours 960 hours 72,000 —Written program of operational tests and inspections 5 new railroads 5 programs 9.92 hours 1 minute … documents 1 hour 5 hours 375 —RR amended program of operational tests/inspections 755 railroads 5 revised programs 30 minutes 3 hours 225 … 1 hour 5 hours 375 —Amended RR program of instruction, testing, examination 755 railroads 5 amended programs 30 minutes 3 hours 225

sponsors of IPR service is incorrect. Because most States contract with Amtrak to provide IPR service, as noted above, the typical IPR service is an Amtrak-scheduled … statements + 2 statements 80 hours + 2 hours 2,404 175,492 —Copies of consultations statements by RR to service list individuals 32 32 copies … individuals identified in the service list. The Labor Petition requested FRA amend paragraph (b)(3) to add that the service list must also contain the name … clarifying that while all persons providing intercity passenger rail (IPR) service or commuter rail passenger transportation share responsibility for ensuring

A IV (a) Out-of-service order (operation of CMV by driver) 49 U.S.C. 521(b)(7) 1,848 1,895 Appendix A IV (b) Out-of-service order (requiring … Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7) 1 … Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 521(b)(7)

designated as train service engineers or locomotive servicing engineers with no restrictions, or train service engineers or locomotive servicing engineers restricted … control of one crew member; called to perform service covered by Section 2 of the (former) Hours of Service Act; involved with the train or yard movement … different classes of locomotive engineer service, FRA proposes a minimum service requirement in the class of service for which a person is designated to instruct

reported on Forms A and B—STB Wage Statistics. Railroads report employee service hours and compensation to the STB on a quarterly basis on these forms. FRA … http://www.stb.dot.gov/stb/industry/econ_reports.html. 2 hours per Form F 6180.54 * $72.01 per hour = $144.02 per additional accident/incident report, rounded … equipment accident/incident report may be decomposed into the amount of labor hours needed to complete an accident report multiplied by the wage rate for the

17. Pursuant to sec. 16 of RSIA, the penalty for a violation of the Hours of Service Act was changed from a flat $500 to a penalty of up to $1,000, as the … for an aggravated maximum penalty of $20,000 for a violation of the Hours of Service Act, making these penalty amounts uniform with those of FRA's other

reduce the paperwork burden associated with compliance with Federal hours of service laws and regulations. In preparing that final rule for publication … Federal Regulations, as follows: PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 1. The authority … reduce the paperwork burden associated with compliance with Federal hours of service laws and regulations. In preparing that final rule for publication … Hours of Service Recordkeeping; Automated Recordkeeping; Correction

1 hour 47,000 49 U.S.C. 21102—The Federal Hours of Service Laws—Petitions for exemption from laws 10 railroads 1 petition 10 hours 10 … the Federal hours of service laws and regulations. Current regulations require employees covered by those laws or regulations (covered service employees) … operations for which it is tailored, it will decrease the burden hours spent on hours of service recordkeeping. DATES: This final rule is effective August … the Federal hours of service laws and regulations. Current regulations require employees covered by those laws or regulations (covered service employees) … operations for which it is tailored, it will decrease the burden hours spent on hours of service recordkeeping. … employees) to create and retain hours of service records by hand (a paper system) or ``certify'' the record using a compliant computerized system (an electronic … Hours of Service Recordkeeping; Automated Recordkeeping