View Rule

This rulemaking would require the installation of inward- and outward-facing locomotive video cameras on controlling locomotives of trains traveling over 30 mph. The recordings would be used to help determine the cause of railroad accidents in order to prevent the occurrence of similar accidents. They would also be used to ensure railroad employee compliance with applicable Federal railroad safety regulations and railroad rules, particularly regulations prohibiting the use of personal electronic devices. This rulemaking attempts to fulfill NTSB recommendations urging FRA to adopt regulations requiring locomotive-mounted audio and video recording devices. FRA is requesting comments regarding whether audio recording devices should be required. This rulemaking would amend 49 CFR parts 217, 218, and 229.

Statement of Need:

FRA is proposing to require the installation and use of inward- and outward-facing recording devices in train locomotives under section 11411 of the Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94, 129 Stat. 1686 (Dec. 4, 2015)) (codified at 48 U.S.C. 20168) and the Federal Railroad Safety Act of 1970, 49 U.S.C. 20103. Section 11411 of the FAST Act requires FRA (as the Secretary of Transportation's delegate) to promulgate regulations requiring each railroad carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling locomotives of passenger trains. Section 20103 contains FRA's general rulemaking authority "for every area of railroad safety."

Summary of the Legal Basis:

As stated above, FRA is publishing this proposed rule as mandated by the FAST Act and under its general railroad safety rulemaking authority at 49 U.S.C. 20103.

Alternatives:

TBD

Anticipated Costs and Benefits:

FRA will determine the estimated costs and benefits associated with this proposed rule before publication.

Risks:

TBD