United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2016_register executive 2018-02-08 article Part IV Rules and Regulations D09002ee1c7f6159b D09002ee1c7f61682 United States Department of Transportation originator org United States Government Agency or Subagency United States Federal Railroad Administration originator org United States Government Agency or Subagency In response to Congress' mandate in the Rail Safety Improvement Act of 2008 (RSIA), FRA is expanding the scope of its drug and alcohol regulation to cover MOW employees. This rule also codifies guidance from FRA compliance manuals, responds to National Transportation Safety Board (NTSB) recommendations, and adopts substantive amendments based upon FRA's regulatory review of 30 years of implementation of this part. The final rule contains two significant differences from FRA's July 28, 2014 Notice of Proposed Rulemaking (NPRM). First, it adopts part 214's definition of "roadway worker" to define "MOW employee" under this part. Second, because FRA has withdrawn its proposed peer support requirements, subpart K contains a revised version of the troubled employee identification requirements previously in subpart E. 81 FR 37894 https://www.govinfo.gov/app/details/FR-2016-06-10/2016-13058 2016-13058 fr10jn16-22 RIN 2130-AC10 4910-06-P Docket No. FRA-2009-0039, Notice No. 3 https://www.govinfo.gov/app/details/FR-2016-06-10/2016-13058 https://www.govinfo.gov/content/pkg/FR-2016-06-10/html/2016-13058.htm https://www.govinfo.gov/content/pkg/FR-2016-06-10/pdf/2016-13058.pdf Alcohol Abuse Drug Abuse Drug Testing Penalties Railroad Safety Reporting and Recordkeeping Requirements Safety Transportation 55 p. 37894 37948 81 FR 37894 Title 49 Part 219 49 CFR Part 219 RIN 2130-AC10 Control of Alcohol and Drug Use: Coverage of Maintenance of Way (MOW) Employees and Retrospective Regulatory Review-Based Amendments; Federal Register Vol. 81, Issue RULE 2016-13058 IV DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 2017-06-12 2016-09-13 Docket No. FRA-2009-0039, Notice No. 3 4910-06-P 2016-13058 Final rule.

In response to Congress' mandate in the Rail Safety Improvement Act of 2008 (RSIA), FRA is expanding the scope of its drug and alcohol regulation to cover MOW employees. This rule also codifies guidance from FRA compliance manuals, responds to National Transportation Safety Board (NTSB) recommendations, and adopts substantive amendments based upon FRA's regulatory review of 30 years of implementation of this part. The final rule contains two significant differences from FRA's July 28, 2014 Notice of Proposed Rulemaking (NPRM). First, it adopts part 214's definition of "roadway worker" to define "MOW employee" under this part. Second, because FRA has withdrawn its proposed peer support requirements, subpart K contains a revised version of the troubled employee identification requirements previously in subpart E.

This rule is effective June 12, 2017. Petitions for reconsideration must be received on or before August 9, 2016. Petitions for reconsideration will be posted in the docket for this proceeding. Comments on any submitted petition for reconsideration must be received on or before September 13, 2016. Gerald Powers, Drug and Alcohol Program Manager, Office of Safety Enforcement, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590 (telephone 202-493-6313), Patricia V. Sun, Trial Attorney, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone 202- 493-6060), patricia.sun@dot.gov; or Elizabeth A. Gross, Trial Attorney, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone 202- 493-1342), elizabeth.gross@dot.gov. Alcohol Abuse Drug Abuse Drug Testing Penalties Railroad Safety Reporting and Recordkeeping Requirements Safety Transportation Control of Alcohol and Drug Use: Coverage of Maintenance of Way Employees and Retrospective Regulatory Review-Based Amendments , elizabeth.gross@dot.gov oira_submissions@omb.eop.gov patricia.sun@dot.gov http://www.fra.dot.gov/eLib/details/L02639 http://www.fra.dot.gov/Page/P0345 http://www.regulations.gov http://www.regulations.gov/#!privacyNotice regulations.gov SAPlist.com www.dot.gov/privacy www.regulations.gov Vol. 81, no. 112 Office of the Federal Register, National Archives and Records Administration 2016-06-10 continuing daily deposited born digital 585 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2016-06-10 P0b002ee1985bb07a 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr10jn16 https://www.govinfo.gov/app/details/FR-2016-06-10 https://www.govinfo.gov/content/pkg/FR-2016-06-10/pdf/FR-2016-06-10.pdf https://www.govinfo.gov/content/pkg/FR-2016-06-10/xml/FR-2016-06-10.xml fdlp 37485 38059 DGPO 2018-02-08 2024-06-01 FR-2016-06-10 machine generated eng FR FR-2016-06-10 81 112