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Federal Register / Vol. 87, No. 144 / Thursday, July 28, 2022 / Proposed Rules
1 To a railroads operations, infrastructure, locomotive control technology, or risk mitigation technology, that may affect the safety of the operation;
2 That would affect the assumptions underlying the risk assessment on which an FRA approval under this section is based; or 3 That would affect the assumptions underlying the risk assessments risk calculations or mitigations on which an FRA approval under this section is based.
218.139 Annual railroad responsibilities after receipt of special approval.

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a Each railroad that receives special approval under either 218.131 or 218.133 shall conduct a formal review and analysis each calendar year, of the FRA-approved train operations with fewer than two crewmembers, and report to FRA its findings and conclusions from its review no later than March 31 of the following year to FRAOPCERTPROG@dot.gov.
b A railroads annual report must include the safety data and information listed in paragraphs b1 and 2 of this section for any FRA-approved train operation with fewer than two crewmembers.
1 The total number of:
i FRA-reportable accident/incident under part 225 of this chapter, including subtotals for accidents/incidents that occurred at a highway-rail grade crossing and those that did not occur at a highway-rail grade crossing, and subtotals by State and cause. If an accident/incident was FRA-reportable for more than one reason e.g., the accident/incident occurred at a highway-rail grade crossing and resulted in rail equipment damages higher than the current reporting threshold, the accident/incident shall only be listed once in the total calculation;
ii FRA-reportable employee fatalities;

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iii FRA-reportable employee injuries;
iv Trespasser fatalities at a highwayrail grade crossing;
v Trespasser injuries at a highwayrail grade crossing;
vi Passenger fatalities at a highwayrail grade crossing;
vii Passenger injuries at a highwayrail grade crossing;
viii Instances where a railroad employee did not comply with a railroad rule or practice applicable to the FRA-approved train operations with fewer than two crewmembers, but not applicable to train crew operations with two or more crewmembers;
ix Instances where a person certified as both a locomotive engineer and conductor had a certification revoked for violation of an operating rule or practice that occurred when the person was operating per an FRA-approved train operation with fewer than two crewmembers;
x Accountable rail equipment accident/incident under part 225 of this chapter;
xi Instances when the railroad was required to implement its disabledtrain/post-accident protocol for an FRAapproved train operation with fewer than two crewmembers;
xii Instances when a dispatcher unexpectedly lost communication with an FRA-approved train operation with fewer than two crewmembers;
xiii Employee hours worked; and xiv Train miles.
2 For each instance counted in the totals reported in paragraphs b1i through xii of this section, a railroads annual report must clearly identify each instance by date and location and provide a complete factual description of the event.
c The annual report must also include written confirmation that the risk assessment for operations approved under 218.133, including all
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calculations and assumptions, remain unchanged, or for an operation approved under 218.131, written confirmation that the operation remains substantially the same as that described in the railroads applicable special approval petition and that no technology changes have been implemented or new or additional hazards identified.
1 If any risk assessment calculation or assumption changes for an operation approved under 218.133, or an operation approved under 218.131 is found to have substantially changed, a new or updated risk assessment meeting the requirements of 218.135 must be prepared and submitted with the railroads annual report. This annual reporting requirement does not negate the requirement to submit a new or updated risk assessment when making a material modification to an operation as required in 218.137.
2 Any new or updated risk assessment submitted in accordance with this paragraph c must include a written plan and schedule for implementing any mitigations required to address any newly identified hazards.
d FRA will review and respond to a railroads annual report submission by September 30 of the year it is submitted.
FRAs response may include advice or recommendations. FRA may reopen consideration of a petition under 218.137 based on a finding that a railroads annual report submission suggests that the petition does not comply with the requirements of this subpart or that the operation is no longer consistent with railroad safety.
Issued in Washington, DC.
Amitabha Bose, Administrator.
FR Doc. 202215540 Filed 72722; 8:45 am BILLING CODE 491006P

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