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Section 413 of the Rail Safety Improvement Act of 2008 (RSIA) requires the Secretary to prescribe regulations requiring railroads to provide an emergency escape breathing apparatus (EEBA), and training in its use, for all crew members in locomotive cabs on freight trains carrying poison-inhalation-hazard hazardous material and provide training in its use. In addition, the National Transportation Safety Board (NTSB) issued Safety Recommendation R-05-17 which recommended that FRA determine the most effective methods of providing EEBA for all crewmembers on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of unintentional release, and then require railroads to provide those EEBAs, and training in their use, to their crewmembers. On October 5, 2010, FRA published an NPRM proposing to require railroads to implement the EEBA requirements of the RSIA. Based on the cost-benefit analysis in the NPRM, and the comments received in response to the NPRM, FRA issued a guidance document rather than a final rule. The railroads could use the guidance document to develop EEBA programs to protect railroad employees involved in transporting hazardous materials posing an inhalation hazard. However, NTSB did not find that the guidance document satisfied its recommendation, and the statutory mandate still remains. Given the open statutory mandate and the passage of time since the publication of the NPRM, FRA will issue a Supplemental Notice of Proposed Rulemaking to ensure it has the most up-to-date information concerning EEBAs.

Overall Description of Deadline: Rulemaking required by section 413 of the Rail Safety Improvement Act of 2008.