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DOT/FRA | RIN: 2130-AC67 | Publication ID: Fall 2020 |
Title: Amendments to Brake System Safety Standards to Incorporate Waivers and Address Tourist and Historic Railroads (previously Tourist and Historic Railroad Amendments) | |
Abstract:
The rulemaking would propose to amend 49 CFR part 232 by incorporating a number of existing long-standing waivers related to end-of-train devices and single car testing. The rule would also propose modifications to appendix B to better address brake system maintenance on tourist, historic, and scenic operations and would propose to extend the existing 4-hours off-air requirement to 24 hours consistent with Canadian railroad operations as requested by AAR via a waiver and rulemaking petition. |
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Agency: Department of Transportation(DOT) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
CFR Citation: 49 CFR 215 49 CFR 224 49 CFR 230 49 CFR 232 | |
Legal Authority: 49 U.S.C. 20102 to 20103 49 U.S.C. 20107 28 U.S.C. 2461, note 49 U.S.C. 20148 49 U.S.C. 20148 49 U.S.C. 21301 49 U.S.C. 20702 49 U.S.C. 20133 49 U.S.C. 20141 49 U.S.C. 20301 to 20303 49 U.S.C. 21301 to 21302 49 U.S.C. 21304 |
Legal Deadline:
None |
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Statement of Need: The rulemaking is a deregulatory action consistent with Executive Order 13771 and that provides permanent relief to railroads on a number of topics for which FRA has granted numerous waivers over the last decade or more. The rulemaking will also address recommendations from the full RSAC related to tourist, historic, and scenic railroad operations as well as a major issue raised by AAR through DOT's Executive Order 13771 public outreach (24 hours off-air). |
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Summary of the Legal Basis: The legal bases for the rule include 49 U.S.C. 20102 and 20103, 49 U.S.C. 20107, 28 U.S.C. 2461, note, 49 U.S.C. 20148, 49 U.S.C. 21301, 49 U.S.C. 20702, 49 U.S.C. 20133, 49 U.S.C. 20141, 49 U.S.C. 20301 to 20303, 49 U.S.C. 20306, 49 U.S.C. 21301 and 21302, 49 U.S.C. 21304, and the Secretary's general railroad safety rulemaking authority, see 49 U.S.C. 20103, which has been delegated to the Administrator of FRA. See 49 CFR 1.89. |
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Alternatives: |
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Anticipated Costs and Benefits: FRA analyzed the economic impacts of this final rule over a 10-year period, and estimated its costs, cost savings, and benefits. For the final rule, FRA is adding new costs for enhanced training on EOT devices to address loss of communication and limitations of the emergency brake signal. FRA estimates the present value of these costs is small at $1,566 when using a 7% discount rate, and the same $1,566 when using a 3% discount rate (the costs are accounted for only in the first year of the analysis). The resulting net cost savings are $503.0 million (using a 7% discount rate), and $594.6 million (using a 3% discount rate). Based on an interagency comment to the NPRM, FRA has accounted for the benefits of reduced emissions. FRA estimates benefits will total approximately $12.7 million (using a 7% discount rate), and $14.8 million (using a 3% discount rate). This final rule generally increases flexibility for the regulated entities by codifying waivers. It does not impose any new substantive requirements. This final rule will not negatively impact safety in any aspect of railroad operations and FRA does not expect any increase in end-of-train device or brake failures as a result of this rule. As noted in the Regulatory Impact Analysis (RIA) accompanying this rule, overall safety may be improved due to railroad employees experiencing less risk of common injuries such as slips, trips, and falls by having to perform fewer physical inspections, which would produce positive safety benefits, though these have not been quantified. |
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Risks: |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Amanda Maizel Attorney-Adviser Department of Transportation Federal Railroad Administration 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 493-8014 Email: amanda.maizel@dot.gov |