[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Proposed Rules]
[Pages 1892-1893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-954]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[FRA Docket No. RAR-4, Notice No. 12]
RIN 2130-AA58


Railroad Accident Reporting

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of decision not to issue a supplemental notice of 
proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: FRA published a notice on July 3, 1995 (60 FR 34498), which 
stated that a second or supplemental notice of proposed rulemaking 
(NPRM) would be issued for the rulemaking (59 FR 42880) to revise the 
railroad accident reporting regulations. The decision to issue a 
supplemental NPRM was made pursuant to requests advanced by some 
participants at a public regulatory conference held on January 30-
February 2, 1995 (59 FR 66501), in Washington, D.C., during which 
specific topics were discussed related to the accident reporting NPRM. 
It was anticipated that the supplemental NPRM would address whether or 
not a meaningful performance standard for accident reporting could be 
devised for use by the railroads. It was also anticipated that the 
supplemental NPRM would discuss revised documentation requirements for 
the proposed Internal Control Plan; calculation of damage costs for 
rail equipment accidents and incidents for the determination of whether 
the threshold is met for FRA reporting purposes; and the proposed 
definition for the classification ``worker on duty'' as it pertains to 
``contractors'' and ``volunteers'' performing safety-sensitive 
functions.
    FRA has reviewed thoroughly the written comments received in 
response to the NPRM; the transcripts of the public hearings which were 
held in Washington, D.C., Kansas City, Missouri, and Portland, Oregon, 
in October-November, 1994; as well as the transcripts of the public 
regulatory conference held in Washington, D.C., in January-February, 
1995. This review revealed that a supplemental NPRM is not warranted 
for the railroad accident reporting NPRM. In the notice issuing the 
final rule, FRA will deal fully with major alternative resolutions for 
the issues in the rulemaking explaining clearly why they are endorsed 
or rejected in favor of the option selected. The approach described in 
the final rule notice will be a logical outgrowth of the original 
proposal and the cooperative efforts of all parties involved in 
achieving solutions to the regulatory issues posited in the railroad 
accident reporting NPRM.

FOR FURTHER INFORMATION CONTACT: Marina C. Appleton, Trial Attorney, 
Office of Chief Counsel, FRA, 400 Seventh Street, SW., Washington, D.C. 
20590 (telephone 202-366-0628); or Robert Finkelstein, Chief, Systems 
Support Division, Office of Safety Analysis, Office of Safety, FRA, 400 
Seventh Street SW., Washington, D.C. 20590 (telephone 202-366-2760 or 
202-501-4863).


[[Page 1893]]

    Issued in Washington, D.C., on January 18, 1996.
Jolene M. Molitoris,
Federal Railroad Administrator.
[FR Doc. 96-954 Filed 1-23-96; 8:45 am]
BILLING CODE 4910-06-P