WASHINGTON – The U.S. Department of Transportation’s (DOT) Federal Railroad Administration (FRA) May 8 announced a Notice of Proposed Rulemaking (NPRM) to update the regulation that governs locomotive engineer qualification and certification to make it consistent with the corresponding regulation for conductors. “The proposed revisions would modernize locomotive engineer certification regulations to match those for train conductors, and provide regulatory efficiencies and cost savings without compromising safety,” FRA Administrator Ronald L. Batory said. “The proposal would streamline the engineer certification process, and reduce paperwork burdens for the responsible parties.” The proposed rule would adopt the conductor certification regulation process established in 2012 by making conforming amendments to the engineer certification regulation, which was first issued in 1991 and last amended in 2000. Consistent with Executive Order 13771, the proposed rule would reduce overall regulatory reporting and cost burdens for railroads and locomotive engineers. Harmonization of the conductor and engineer regulations would also provide greater clarity to locomotive engineers. The NPRM includes the following five proposed changes to Title 49 of the Code of Federal Regulations, Part 240:
Clarifies locomotive engineer certification requirements (Part 240) and aligns them with conductor certification requirements (Part 242) to make it easier for railroad certification managers to become familiar with and administer both regulations.
Reduces the reporting burden of a person’s former employer to clarify that only certain listed information in the individual’s railroad service record that directly relates to FRA’s requirements in the certification regulation needs to be shared.
Defers the requirement for railroads to seek a waiver from annual testing of certified locomotive engineers when individuals take an extended absence from performing service requiring certification.
Modernizes the dispute resolution process by reducing the paperwork burdens for both employees and railroads and allowing for web-based dockets.
Simplifies the submission process by which qualification and certification programs are modified by allowing electronic submissions.
The proposed revisions for locomotive engineer qualification and certification ensure that certain provisions are consistent, to the extent possible, with those for conductors. FRA is seeking comments on the proposed rule, and will address comments received when preparing a final rule. Comments may be submitted to the docket for the proceeding FRA-2018-0053, and are due by July 8, 2019. Read the full proposed rule here.
After months of waiting, Ronald L. Batory was sworn in on Feb. 28 as the new administrator of the Federal Railroad Administration (FRA). “This day could not have happened soon enough,” Batory said in remarks delivered during the ceremony administered by Department of Transportation Secretary Elaine Chao. “Those of you familiar with railroad work rules will appreciate (this): While I was ‘held away from home terminal’ from August 2nd to November 19th of last year and on ‘initial terminal delay’ until today, so needless to say, I’m ready to release the brakes and throttle out.” The former COO and president of Conrail was nominated by President Donald Trump in July 2017 to lead the FRA. However, U.S. Sen. Chuck Schumer (D-N.Y.), the Senate minority leader, placed a hold on Batory’s nomination in an attempt to work out federal funding for the multi-billion-dollar Gateway Tunnel project between Schumer’s home state and New Jersey. New FRA Administrator Ron Batory, left, and SMART Transportation Division National Legislative Director John Risch pose Feb. 28 after Batory’s swearing-in ceremony. As the delay on his confirmation dragged on, Batory began working in November as a special assistant to Chao, advising on rail matters. He was finally confirmed Feb. 13 by unanimous voice vote in the U.S. Senate after Schumer lifted his hold. Now that he’s in, Batory said he’ll be focusing on safety and technology – how to improve the former and the application of the latter. “Rail safety is first and foremost. Its practice is non-compromising and non-negotiable,” he said. “Safety is embedded into our lives. It is the keystone of the railroad industry.” Batory said FRA safety efforts will extend beyond the industry to the general public, noting that his agency launched a $4.3 million campaign Feb. 26 in conjunction with the National Highway Traffic Safety Administration (NHTSA) to educate people about the dangers of rail grade crossings, something Batory experienced firsthand aboard locomotives that collided with vehicles at crossings. In addition, Batory also said that his agency will explore technology that decreases the amount of risk and danger on the nation’s rails. “FRA will continue with renewed urgency in seeking ways to foster and encourage the railroad industry’s use of technology to bring about continued safety improvements and increased efficiency in railroad operations and maintenance,” he said. “We have many fields of opportunity awaiting us to harvest change whether it be safety, technology, infrastructure or a combination thereof.” SMART and SMART Transportation Division leadership, which had supported Batory’s nomination from the outset, reacted positively to the long-awaited installation of the new administrator, who has more than 45 years of rail industry experience. “Ron Batory’s swearing-in brings real-world experience and a solid background in railroad operations and safety to the FRA that all stakeholders can respect,” SMART Transportation Division President John Previsich said. “In remarks today, he mentioned that ‘Rail safety is first and foremost.’ We agree wholeheartedly with that statement, and we look forward to working with Administrator Batory and his agency to reduce risk and enhance safety on our nation’s rails.” “We are pleased to have Ron Batory as the administrator of the Federal Railroad Administration.” SMART General President Joseph Sellers said. “Ron Batory is knowledgeable and experienced in the railroad industry. We look forward to collaborating with him on PTC and other safety initiatives.” John Risch, SMART TD’s national legislative director, also highlighted the new administrator’s experience and looks forward to working with Batory. “This is very good news that Ron Batory was confirmed today. We have been very supportive of him becoming FRA administrator, because he knows the railroad industry and because he has always been fair in his dealings with our membership.” Risch said. “We look forward to working with Ron and his FRA team in improving safety on our nation’s railroads.” While Batory’s confirmation remained in political limbo, the FRA was being described as “rudderless” in some media reports. Deputy Administrator Heath Hall, who had been leading the agency on an interim basis, resigned mere days before Batory’s confirmation after allegations surfaced in the media that Hall was working a second job. Hall had been on a leave of absence from the agency since late January, and Juan D. Reyes III had stepped in to oversee the FRA.
Martinez installed as FMCSA chief
Also on Feb. 28, Chao swore in Raymond B. Martinez to lead the Federal Motor Carrier Safety Administration, which regulates large trucks and buses. U.S. Secretary of Transportation Elaine L. Chao swears in Raymond P. Martinez as administrator of the Federal Motor Carriers Safety Administration. From left are Martinez, Martinez’s wife, Marin Gibson, and Chao. (PRNewsfoto via Federal Motor Carrier Safety Administration) “Ray’s years of experience promoting traffic safety at the state level, as well as his knowledge of the commercial motor vehicle industry, will help FMCSA fulfill its critical mission of improving truck and bus safety,” Chao said. Martinez most recently served eight years as the New Jersey Motor Vehicle Commission’s chairman and chief administrator, where he oversaw the agency’s 2,500 employees and a $330 million annual operating budget with more than $1 billion in annual revenue. “It’s an honor and privilege to serve my fellow Americans in this capacity and, under Secretary Chao’s leadership, I look forward to working with all commercial vehicle stakeholders to effectively reduce the number of truck and bus crashes on our nation’s roads,” said Martinez, a former commissioner of the New York State Department of Motor Vehicles.
On February 28, 2018, Ron Batory was sworn in as Administrator of the Federal Railroad Administration. Representing SMART General President Joe Sellers is Steve Dodd, director of government affairs, who is pictured with Ron Batory. Batory has more than 45 years of rail industry experience and most recently served as president and chief operating officer of Conrail. Batory joined the company in 1998 as vice president-operations and was appointed COO in 2004. He retired from Conrail last year. Before that, he was president of the Belt Railway Co. of Chicago. Batory also spent more than 20 years working for both eastern and western Class Is, in addition to assisting a court-appointed trustee’s oversight of a regional railroad bankruptcy. According to GP Sellers, “We are pleased to have Ron Batory as the administrator of the Federal Railroad Administration (FRA).” He added that, “Ron Batory is knowledgeable and experienced in the railroad industry. We look forward to collaborating with him on PTC and other safety initiatives.”
After months of having his nomination on hold in the U.S. Senate, Ronald L. Batory was confirmed Tuesday evening as administrator of the Federal Railroad Administration by unanimous voice vote. Batory’s ascension to the position came after U.S. Sen. Chuck Schumer, the Senate minority leader, removed a hold he had placed on the nomination. The hold on Batory’s nomination had been an attempt by the Democratic senator to work out federal funding for the multibillion-dollar Gateway Tunnel project between his home state of New York and New Jersey. Batory, former COO and president of Conrail, was nominated in July to lead the FRA by President Donald Trump. As the delay on his confirmation continued, Batory began working in November as a special assistant to federal Department of Transportation Secretary Elaine Chao, advising on rail matters. “Ron Batory is a veteran railroader who knows the industry,” SMART TD National Legislative Director John Risch said. “We look forward to working with him at FRA.” While Batory’s confirmation remained in political limbo, the FRA was being described as “rudderless” in some media reports. Deputy Administrator Heath Hall, who had been leading the agency, resigned mere days before Batory’s confirmation after allegations surfaced in the media that Hall was working a second job. Hall had been on a leave of absence from the agency since late January, and Juan D. Reyes III had been overseeing the FRA. In addition to Batory’s confirmation, Raymond Martinez was confirmed by the Senate as administrator of the Federal Motor Carrier Safety Administration.
WASHINGTON – The U.S. Department of Transportation’s (DOT) Federal Railroad Administration (FRA) May 8 announced a Notice of Proposed Rulemaking (NPRM) to update the regulation that governs locomotive engineer qualification and certification to make it consistent with the corresponding regulation for conductors.
eastern and western Class Is, in addition to assisting a court-appointed trustee’s oversight of a regional railroad bankruptcy.