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Passenger Equipment Safety Standards; Final Rule Tuesday, April 23, 2002 Part X Department of Transportation Federal Railroad Administration 49 CFR Parts 216 and 238 Passenger Equipment Safety Standards; Final Rule VerDate 11<MAY>2000 16:42 Apr 22, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23APR4.SGM pfrm04 PsN: 23APR4 19970 Federal Register / Vol. 67, No. 78 / Tuesday, April 23, 2002 / Rules and Regulations DEPARTMENT OF TRANSPORTATION 21, 1997. FRA considered the comments substituted throughout this part for the received on the NPRM and advice from phrases ‘‘the FRA Regional Director for Federal Railroad Administration its Working Group in preparing a final Railroad Safety,’’ ‘‘the FRA Regional rule establishing comprehensive safety Director of Railroad Safety,’’ ‘‘a Regional 49 CFR Parts 216 and 238 standards for railroad passenger Director,’’ and ‘‘the Regional Director.’’ [FRA Docket No. PCSS–1, Notice No. 7] equipment, which was published on For a discussion of FRA’s amendments May 12, 1999. See 64 FR 25540. to this section, see 64 FR 25575. RIN 2130–AB48 Following publication of the final Amendments to 49 CFR Part 238 rule, parties filed petitions seeking Passenger Equipment Safety FRA’s reconsideration of requirements Subpart A—General Standards in the rule. These petitions principally Section 238.1 Purpose and Scope AGENCY: Federal Railroad related to the following subject areas: Administration (FRA), Department of structural design; fire safety; training; FRA has amended this section by Transportation (DOT). inspection, testing, and maintenance; restoring paragraphs (c)(1)–(3) of the May 12, 1999 final rule. See 64 FR ACTION: and movement of defective equipment. Final rule; response to petitions 25661. These paragraphs were for reconsideration. On July 3, 2000, FRA issued a response to the petitions for reconsideration unintentionally omitted from the rule SUMMARY: This document responds to concerning the final rule’s requirements when FRA amended paragraph (c) in the certain of the petitions for for the inspection, testing, and July 3, 2000 petition for reconsideration reconsideration of FRA’s May 12, 1999 maintenance of passenger equipment, response document. See 65 FR 41305. final rule establishing comprehensive the movement of defective passenger Section 238.3 Applicability Federal safety standards for railroad equipment, and other related, Following publication of the final passenger equipment. This document miscellaneous provisions. See 65 FR rule, an issue arose involving the clarifies and amends the final rule. 41284. FRA is hereby responding to all circumstances in which a railroad may remaining issues raised in the petitions EFFECTIVE DATE: The amendments to the use the exclusion from the requirements for reconsideration other than those final rule are effective June 24, 2002. of the rule applicable to ‘‘tourist, scenic, issues concerning the fire safety portion FOR FURTHER INFORMATION, CONTACT: historic, or excursion operations,’’ as of the final rule. This notice also Ronald Newman, Staff Director, Motive specified in paragraph (c)(3). The issue clarifies the final rule in response to Power and Equipment Division, Office concerned whether a train consisting of other issues and requests for of Safety Assurance and Compliance, new passenger equipment could be interpretation that have arisen since FRA, 1120 Vermont Avenue, Mail Stop operated with passengers (principally publication of the rule. The 25, Washington, DC 20590 (telephone: business and government officials) for amendments contained in this notice 202–493–6300); Daniel Alpert, Trial demonstration purposes without generally clarify requirements currently Attorney, Office of Chief Counsel, FRA, complying with the requirements of the contained in the final rule or allow for 1120 Vermont Avenue, Mail Stop 10, rule. As FRA explained, such a train greater flexibility in complying with the Washington, DC 20590 (telephone: 202– operation is subject to the requirements rule, and are within the scope of the 493–6026); or Thomas Herrmann, Trial of the rule and does not fall under the issues and options discussed, Attorney, Office of Chief Counsel, FRA, exclusion in paragraph (c)(3). FRA is considered, or raised in the NPRM. FRA 1120 Vermont Avenue, Mail Stop 10, amending the definition of ‘‘tourist, will address the issues raised in the Washington, DC 20590 (telephone: 202– scenic, historic, or excursion petitions for reconsideration concerning 493–6036). operations’’ in § 238.5 to clarify this fire safety by separate notice in the SUPPLEMENTARY INFORMATION: point, as discussed below. Federal Register. Background The specific issues and Section 238.5 Definitions On June 17, 1996, FRA published an recommendations raised by the FRA is amending the definition of ‘‘in Advance Notice of Proposed petitioners and FRA’s response to those service’’ to make clear that passenger Rulemaking (ANPRM) concerning the petitions are discussed in detail in the equipment is ‘‘in service’’ when it is in establishment of comprehensive safety ‘‘Section-by-Section Analysis’’ portion passenger or revenue service in the standards for railroad passenger of the preamble, below. The section-by- United States. See the discussion of equipment. See 61 FR 30672. The section analysis also contains a detailed § 238.201, below, for an explanation of ANPRM provided background discussion of each provision of the final this clarification. FRA has also made a information on the need for such rule which FRA has clarified or conforming change to this definition by standards, offered preliminary ideas on amended. This will enable the regulated substituting section ‘‘238.305(d)’’ for approaching passenger safety issues, community to more readily compare section ‘‘238.305(c)(5).’’ Section and presented questions on various this document with the preamble 238.305(c)(5) was amended by the July passenger safety topics. Following discussions contained in both the final 3, 2000 response to petitions for consideration of comments received on rule and the July 3, 2000 response reconsideration. See 65 FR 41308. the ANPRM and advice from FRA’s document, and will thereby aid in FRA is amending the definition of Passenger Equipment Safety Standards understanding the requirements of the ‘‘MIL–STD–882C’’ to remove the ‘‘C’’ Working Group (Working Group), FRA rule. designation. The final rule cited MIL– published a Notice of Proposed Section-by-Section Analysis STD–882C as a formal safety Rulemaking (NPRM) on September 23, methodology to guide railroads in 1997, to establish comprehensive safety Amendments to 49 CFR Part 216 identifying and then eliminating or standards for railroad passenger FRA is revising §§ 216.17 and 216.23 reducing the risk posed by a hazard to equipment. See 62 FR 49728. In to correct typographical errors resulting an acceptable level. MIL–STD–882 was addition to written comment on the from the final rule’s amendments to part updated on February 10, 2000, and NPRM, FRA also solicited oral comment 216. These occurred when the phrase designated as MIL–STD–882D, at a public hearing held on November ‘‘the FRA Regional Administrator’’ was superceding MIL–STD–882C. (FRA has VerDate 11<MAY>2000 16:42 Apr 22, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23APR4.SGM pfrm04 PsN: 23APR4 Federal Register / Vol. 67, No. 78 / Tuesday, April 23, 2002 / Rules and Regulations 19971 placed a copy of MIL–STD–882D in the movements. See 64 FR 25667. Following safety-related functionality, or both. public docket for this rulemaking.) This publication of the final rule, the APTA cautioned that the definition amendment makes clear that a railroad National Railroad Passenger Corporation should distinguish between software may use MIL–STD–882D. (Amtrak) raised the concern that the changes of a minor nature that have no FRA is removing the definition of phrase ‘‘restricted speed not to exceed safety impact and significant software ‘‘monocoque’’ and adding the new 20 mph’’ has a specific meaning which changes, modifications, or upgrades that definition ‘‘semi-monoque’’ in its place. is different from simply stating that the could have a safety impact. APTA The term ‘‘semi-monocoque’’—not ‘‘speed . shall be restricted to 20 believed that, through its requested ‘‘monocoque’’—was expressly used in mph or less,’’ as used in paragraph clarifications to this section, railroads the final rule text. Further, the (d)(2)(ii). FRA did not intend that the could implement minor software definition of ‘‘monocoque’’ in the final speed restriction in paragraph (e)(2)(ii) upgrades without triggering the full rule actually described a ‘‘semi- be different than the one specified in requirements of this section. monocoque’’ structure by stating that paragraph (d)(2)(ii), and FRA believes FRA agrees that hardware or software the shell or skin acts as a single unit that the way in which the speed used to control or monitor safety ‘‘with the supporting frame’’ to resist restriction is stated in paragraph functions in passenger equipment is and transmit the loads acting on the (d)(2)(ii) more accurately reflects FRA’s ‘‘materially modified’’ when structure. Reliance on the supporting intent. Consequently, for consistency microprocessor-based hardware frame to help resist and transmit loads– and to avoid confusion, FRA has components are added to the passenger as opposed to resisting and transmitting amended paragraph (e)(2)(ii) to state equipment, and when changes are made loads on the shell or skin alone—makes that the speed of the train shall
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