24630 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Docket No. PTEP±1, Notice No. 3, and not addressed in a timely and effective be submitted in triplicate to the Docket manner. Federal Railroad Administration Clerk, Office of Chief Counsel, Federal In recent years, passenger train Railroad Administration, 400 Seventh accidents, such as the tragic ``Sunset 49 CFR Parts 223 and 239 Street, S.W., Mail Stop 10, Washington, Limited'' passenger train derailment [FRA Docket No. PTEP±1, Notice No. 3] D.C. 20590. near Mobile, Alabama in September 1993, have demonstrated the need to RIN 2130±AA96 FOR FURTHER INFORMATION CONTACT: Mr. Edward R. English, Director, Office of improve the way railroads respond in Passenger Train Emergency Safety Assurance and Compliance, FRA, emergency situations. On September 22, Preparedness 400 Seventh Street, S.W., RRS±10, Mail 1993, at about 2:45 a.m., barges that Stop 25, Washington, D.C. 20590 were being pushed by the towboat AGENCY: Federal Railroad (telephone number: 202±632±3349), or ``Mauvilla'' in dense fog struck and Administration (FRA), Transportation David H. Kasminoff, Esq., Trial displaced the Big Bayou Canot railroad (DOT). Attorney, Office of Chief Counsel, FRA, bridge near Mobile, Alabama. At about ACTION: Final rule. 400 Seventh Street, S.W., RCC±12, Mail 2:53 a.m., National Railroad Passenger Corporation (Amtrak) train no. 2, the SUMMARY: FRA is issuing minimum Stop 10, Washington, D.C. 20590 (telephone: 202±632-3191). ``Sunset Limited,'' en route from Los Federal safety standards for the Angeles, California to Miami, Florida SUPPLEMENTARY INFORMATION: preparation, adoption, and with 220 persons on board, struck the implementation of emergency Background displaced bridge and derailed. The three preparedness plans by railroads locomotive units, the baggage and On February 24, 1997, FRA published connected with the operation of dormitory cars, and two of the six in the Federal Register a notice of passenger trains, including all railroads passenger cars fell into the water. The proposed rulemaking (NPRM) to amend hosting the operations of rail passenger fuel tanks on the locomotive units part 223, entitled Safety Glazing service. The rule also requires each ruptured, and the locomotive units and StandardsÐLocomotives, Passenger affected railroad to instruct its the baggage and dormitory cars caught employees on the provisions of its plan. Cars and Cabooses,'' by revising § 223.5 fire. Forty-two passengers and five Emergency preparedness plans must and adding a new paragraph in § 223.9 crewmembers were killed, and 103 address such subjects as to require the marking of emergency passengers were injured. The towboat's communication, employee training and windows, and to add a new ``Part 239Ð four crewmembers were not injured. qualification, joint operations, tunnel Passenger Train Emergency In a report on the accident released on safety, liaison with emergency Preparedness.'' 62 FR 8330. The September 19, 1994, the National responders, on-board emergency proposed part 239 set forth minimum Transportation Safety Board (NTSB) equipment, and passenger safety Federal safety standards for the determined that several circumstances information. The plan adopted by each preparation, adoption, and hampered emergency response efforts. affected railroad will be subject to implementation of emergency NTSB Railroad-Marine Accident Report formal review and approval by FRA. preparedness plans by railroads 94/01. In its assessment of emergency These emergency preparedness connected with passenger train response at the accident site, the NTSB regulations constitute the second phase operations, including railroads hosting noted that the location of the accident in a four-phase process that began in the operations of rail passenger service. was remote (accessible only by rail, 1994. In the first phase, FRA encouraged In addition, the NPRM prescribed water, or air), fog in the area was dense railroads to examine their programs to marking, inspection, maintenance, and (requiring the use of radar to navigate determine what improvements could be repair requirements for all emergency boats), limited modes of transportation made, while in the third phase, FRA window and door exits intended for were available for bringing in personnel will review the railroad plans to egress by passengers or for access by and equipment, and the magnitude of determine if all emergency preparedness emergency responders. the accident was great. Nevertheless, the issues have been adequately addressed The overall safety record of NTSB concluded that, following the within the varying contexts of railroad conventional intercity and commuter delay while emergency responders operations. In the fourth phase, FRA passenger train operations in the United identified the location of the accident, will review the implementation and States has been exemplary. However, emergency response activities were effectiveness of these standards and accidents continue to occur, often as a efficient and effective. The report did related voluntary developments, and result of factors beyond the control of find, however, that Amtrak did not have will address the need for further the passenger railroad. Further, the rail an effective system in place to apprise rulemaking activity. passenger operating environment in the passengers of train safety features, The final rule does not apply to United States is rapidly changingÐ passengers were slowed during tourist and historic railroad operations. technology is advancing, equipment is evacuation by the absence of emergency However, after appropriate consultation being designed for ever-higher speeds, lighting on the passenger cars, and with the excursion railroad associations and many potential new operators of emergency responders were hindered by to determine appropriate applicability passenger equipment are appearing. their inability to obtain an adequate in light of financial, operational, or With this more complex operating passenger and crew list from Amtrak other factors unique to such operations, environment, FRA must become more until the next day. The NTSB also noted emergency preparedness requirements proactive to ensure that operators of that if the Mobile County Emergency for these operations may be prescribed passenger train service, as well as those Management Agency had held drills to by FRA that are different from those railroads hosting passenger operations, simulate a train accident, the incident affecting other types of passenger engage in careful, advance planning to commander might have learned about operations. minimize the consequences of Amtrak's procedure for accounting for EFFECTIVE DATE: July 6, 1998. emergencies that could occur. Even passengers, and CSX Transportation, ADDRESSES: Any petition for minor incidents could easily develop Inc. (CSX Transportation), the owner of reconsideration should reference FRA into life-threatening events if they are the bridge and trackage, might have Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Rules and Regulations 24631 obtained the correct telephone number Amtrak, regulations establishing minimum standards to contact the U.S. Coast Guard. Long Island Rail Road (LIRR), for the safety of cars used by railroad carriers Considerable effort has focused on MTA Metro-North Railroad (METRO- to transport passengers. Before prescribing NORTH), how to mitigate casualties after a train such regulations, the Secretary shall Northeast Illinois Regional Commuter considerÐ accident occurs. In this regard, even Railroad Corporation (METRA), (1) the crashworthiness of the cars; before the occurrence of the tragic Peninsula Corridor Joint Powers Board (2) interior features (including luggage accident near Mobile, FRA had tasked (CALTRAIN), restraints, seat belts, and exposed surfaces) DOT's Volpe National Transportation Port Authority Trans-Hudson Corporation that may affect passenger safety; Systems Center (TSC), in Cambridge, (PATH), (3) maintenance and inspection of the cars; Massachusetts, to perform research and Southern California Regional Rail Authority (4) emergency response procedures and (METROLINK), to recommend emergency preparedness equipment; and Southeastern Pennsylvania Transportation (5) any operating rules and conditions that guidelines for passenger train operators. Authority (SEPTA), The results were published at the end of directly affect safety not otherwise governed Tri-County Commuter Rail Authority (TRI- by regulations. 1993 as a publication entitled RAIL), The Secretary may make applicable some or ``Recommended Emergency TSC, and all of the standards established under this Preparedness Guidelines for Passenger Virginia Railway Express (VRE). subsection to cars existing at the time the Trains'' (Volpe Report), which is During the meeting, FRA agreed to regulations are prescribed, as well as to new available to the public through the assist the passenger railroads in cars, and the Secretary shall explain in the National Technical Information Service, establishing improved working rulemaking document the basis for making Springfield, VA 22161 (DOT/FRA/ORD± relationships with their host freight such standards applicable to existing cars. 93±24ÐDOT±VNTSC±FRA±93±23). The railroads. FRA also promised to help the (b) INITIAL AND FINAL publication references safety REGULATIONS.Ð(1) The Secretary shall passenger railroads in their emergency prescribe initial regulations