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Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Proposed Rules

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Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Proposed Rules 8330 Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Proposed Rules DEPARTMENT OF TRANSPORTATION by FRA that are different from those comments. FRA believes that a 60-day affecting other types of passenger comment period is necessary for parties Federal Railroad Administration operations. with interests that were not represented DATES: (1) Written comments: Written by the working group on passenger train 49 CFR Parts 223 and 239 comments must be received on or before emergency preparedness that has been [FRA Docket No. PTEP±1, Notice No. 1] April 25, 1997. Comments received after established by the agency under 49 that date will be considered by FRA and U.S.C. 20133. RIN 2130±AA96 the Passenger Train Emergency Background Preparedness Working Group in Passenger Train Emergency preparing the final rule to the extent The overall safety record of Preparedness possible without incurring additional conventional intercity and commuter passenger train operations in the United AGENCY: Federal Railroad expense or delay. The docket will remain open until the Working Group States has been exemplary. However, Administration (FRA), Department of accidents continue to occur, often as a Transportation (DOT). proceedings are concluded. Requests for formal extension of the comment period result of factors beyond the control of ACTION: Notice of proposed rulemaking. must be made by April 10, 1997. the passenger railroad. Further, the rail passenger operating environment in the SUMMARY: Pursuant to section 215 of the (2) Public hearings: FRA intends to hold two public hearings, and the dates United States is rapidly changingÐ Federal Railroad Safety Authorization technology is advancing, equipment is Act of 1994, FRA proposes a rule to of these hearings will be published in a forthcoming notice in the Federal being designed for ever-higher speeds, require minimum Federal safety and many potential new operators of standards for the preparation, adoption, Register. Anyone who desires to make an oral statement at either of the passenger equipment are appearing. and implementation of emergency With this more complex operating preparedness plans by railroads hearings must notify the Docket Clerk by telephone (202±632±3198) or mail, environment, FRA must become more connected with the operation of proactive to ensure that operators of passenger trains, including freight and must submit three copies of the oral statement that he or she intends to make passenger train service, as well as railroads hosting the operations of rail freight railroads hosting passenger passenger service. The proposed rule at the hearing. The dates by which the Docket Clerk must be notified about the operations, engage in careful, advance also requires each affected railroad to planning to minimize the consequences instruct its employees on the plan's oral statement and receive the three copies of this statement will be set forth of emergencies that could occur. Even provisions. Elements of this emergency minor incidents could easily develop preparedness plan would include in the notice announcing the public hearings. into life-threatening events if they are communication, employee training and not addressed in a timely and effective qualification, joint operations, tunnel ADDRESSES: Written Comments: Written comments should identify the docket manner. safety, liaison with emergency In recent years, passenger train number and must be submitted in responders, on-board emergency accidents, such as the tragic ``Sunset triplicate to the Docket Clerk, Office of equipment, and passenger safety Limited'' passenger train derailment Chief Counsel, Federal Railroad information. The plan adopted by each near Mobile, Alabama in September Administration, 400 Seventh Street, affected railroad would be subject to 1993, have demonstrated the need to S.W., Washington, D.C. 20590. Persons formal review and approval by FRA. improve the way railroads respond in desiring to be notified that their This proposal for emergency emergency situations. On September 22, comments have been received by FRA preparedness regulations, which 1993, at about 2:45 a.m., barges that formalizes a planning requirement and should submit a stamped, self-addressed were being pushed by the towboat identifies certain mandatory elements, postcard with their comments. The Mauvilla in dense fog struck and is the second phase in a four-phase Docket Clerk will indicate on the displaced the Big Bayou Canot railroad process that began in 1994. In the first postcard the date on which the bridge near Mobile, Alabama. At about phase, FRA encouraged railroads to comments were received and will return 2:53 a.m., National Railroad Passenger examine their programs to determine the card to the addressee. Written Corporation (Amtrak) train no. 2, the what improvements could be made, comments will be available for Sunset Limited, en route from Los while in the third phase, FRA will examination, both before and after the Angeles, California to Miami, Florida review the railroad plans to determine closing date for written comments, with 220 persons on board, struck the if all emergency preparedness issues during regular business hours on the displaced bridge and derailed. The three have been adequately addressed within Seventh floor of 1120 Vermont Avenue, locomotive units, the baggage and the varying contexts of railroad N.W. in Washington, D.C. dormitory cars, and two of the six operations. In the fourth phase, FRA FOR FURTHER INFORMATION CONTACT: Mr. passenger cars fell into the water. The will review the implementation and Edward R. English, Director, Office of fuel tanks on the locomotive units effectiveness of the proposed standards Safety Assurance and Compliance, FRA, ruptured, and the locomotive units and and related voluntary developments, 400 Seventh Street, S.W., Washington, the baggage and dormitory cars caught and will address the need for further D.C. 20590 (telephone number: 202± fire. Forty-two passengers and five rulemaking activity. 632±3349), or David H. Kasminoff, Esq., crewmembers were killed, and 103 The proposed rule does not apply to Trial Attorney, Office of Chief Counsel, passengers were injured. The towboat's tourist and historic railroad operators. FRA, 400 Seventh Street, S.W., four crewmembers were not injured. However, after appropriate consultation Washington, D.C. 20590 (telephone: In a report on the accident released on with the excursion railroad associations 202±632±3191). September 19, 1994, the National to determine appropriate applicability SUPPLEMENTARY INFORMATION: Transportation Safety Board (NTSB) in light of financial, operational, or determined that several circumstances other factors unique to such operations, Request for Comments hampered emergency response efforts. emergency preparedness requirements In accordance with Executive Order NTSB Railroad-Marine Accident Report for these operations may be prescribed 12866, FRA is allowing 60 days for 94/01. In its assessment of emergency Federal Register / Vol. 62, No. 36 / Monday, February 24, 1997 / Proposed Rules 8331 response at the accident site, the NTSB training. In addition, guidelines for programs, and stated that they would noted that the location of the accident passenger train and facility features offer additional, structured ``hands-on'' was remote (accessible only by rail, intended to shorten emergency response training to their train crews concerning water, or air), fog in the area was dense time, improve the effectiveness of the removal of emergency windows and (requiring the use of radar to navigate evacuating passengers, and minimize passenger evacuation. They also agreed boats), limited modes of transportation the effects of an emergency are to develop programs for recurring were available for bringing in personnel presented. The publication also lists passenger car inspections, emphasizing and equipment, and the magnitude of inter-organizational emergency checking of emergency equipment such the accident was great. Nevertheless, the protocols, which include those of fire as windows, tools, and fire NTSB concluded that, following the departments, emergency medical extinguishers. Further, they agreed to delay while emergency responders services (EMS), police departments, improve their methods of apprising identified the location of the accident, public utilities, hospitals, and local, passengers of emergency information, to emergency response activities were State, regional, and Federal include seat drops, placards inside each efficient and effective. The report did governments. car, and messages in on-board find, however, that Amtrak did not have In an effort to be proactive after the magazines. While FRA is encouraged an effective system in place to apprise accident near Mobile, FRA mailed the that passenger railroads have already passengers of train safety features, Volpe Report to all intercity passenger begun to incorporate the passengers were at a disadvantage and commuter railroads, freight recommendations of the Volpe Report during evacuation due to the absence of railroads, the United Transportation into their own emergency preparedness portable lighting on the passenger cars, Union, and the Brotherhood of plans, more progress by the entire and emergency responders were at a Locomotive Engineers in March 1994 for industry is needed. disadvantage because they were unable their information and guidance. As a result of concerns raised about to obtain an adequate passenger and Concurrent with this mailing,
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