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25540 Federal Register / Vol. 64, No. 91 / Wednesday, May 12, 1999 / Rules and Regulations DEPARTMENT OF TRANSPORTATION 1120 Vermont Avenue, Mail Stop 10, E. Federalism implications Washington, D.C. 20590. F. Compliance with the Unfunded Mandates Reform Act of 1995 Federal Railroad Administration FOR FURTHER INFORMATION CONTACT: G. Effects on the Year 2000 computer Ronald Newman, Staff Director, Motive 49 CFR Parts 216, 223, 229, 231, 232, problem Power and Equipment Division, Office and 238 XI. List of Subjects of Safety Assurance and Compliance, [FRA Docket No. PCSS±1, Notice No. 5] FRA, 1120 Vermont Avenue, Mail Stop I. Introduction RIN 2130±AA95 25, Washington, D.C. 20590 (telephone: Passenger railroads offer the traveling 202±493±6300); Daniel Alpert, Trial public one of the safest forms of Passenger Equipment Safety Attorney, Office of Chief Counsel, FRA, transportation available. In the eight- Standards 1120 Vermont Avenue, Mail Stop 10, year period 1990±1997, there were 0.89 Washington, D.C. 20590 (telephone: passenger fatalities for every billion AGENCY: Federal Railroad 202±493±6026); or Thomas Herrmann, miles of passenger transportation by Administration (FRA), Department of Trial Attorney, Office of Chief Counsel, rail. Nevertheless, collisions, Transportation (DOT). FRA, 1120 Vermont Avenue, Mail Stop derailments, and other such occurrences ACTION: Final rule. 10, Washington, D.C. 20590 (telephone: continue to occur, often as a result of 202±493±6036). factors beyond the control of the SUMMARY: FRA is issuing comprehensive SUPPLEMENTARY INFORMATION: passenger railroad. Further, the rail Federal safety standards for railroad passenger environment is rapidly passenger equipment. The purpose of Table of Contents for Supplementary changing. Worldwide, passenger these safety standards is to prevent Information equipment operating speeds are collisions, derailments, and other I. Introduction increasing. Passenger trainsets designed occurrences involving railroad II. Statutory Background to European safety standards have been passenger equipment that cause injury III. Passenger Equipment Safety Standards proposed for operation in the United or death to railroad employees, railroad Working Group States-and a few are in operation. passengers, or the general public; and to IV. Proceedings to Date Overall, these trainsets do not meet the mitigate the consequences of any such V. Discussion of Specific Comments and structural standards that are common Conclusions occurrences, to the extent they cannot for passenger equipment operating in be prevented. The final rule promotes A. Application of the final rule to rapid transit operations and ``light rail'' the United States. FRA believes that passenger train safety through adherence to such common standards requirements for railroad passenger B. Static end strength requirement: application to existing equipment by the nation's passenger railroads has equipment design and performance; fire C. United States international treaty in large measure contributed to the high safety; emergency systems; the obligations level of safety at which rail passenger inspection, testing, and maintenance of D. Non-conventional passenger equipment service is currently provided in the passenger equipment; and other E. System safety United States. However, these standards provisions for the safe operation of F. Side exit doors on passenger cars generally do not have the force of law. G. Fuel tank standards railroad passenger equipment. The final Effective Federal safety standards for rule addresses passenger train safety in H. Train interior safety I. Fire safety freight equipment have long been in an environment where technology is place, but equivalent Federal safety advancing and equipment is being VI. Inspection and Testing of Brake Systems and Mechanical Components standards for passenger equipment have designed for operation at higher speeds. A. Background prior to 1997 NPRM not existed. Further, the Association of The final rule amends existing B. 1997 NPRM on Passenger Equipment American Railroads (AAR) currently regulations concerning special notice for Safety Standards sets industry standards for the design repairs, safety glazing, locomotive 1. Proposed brake system inspections and maintenance of freight equipment safety, safety appliances, and railroad 2. Proposed mechanical inspections that add materially to the safe operation 3. Proposed qualification of inspection and power brakes as applied to passenger of such equipment. However, over the equipment. testing personnel C. Overview of comments relating to years, the AAR has discontinued the The final rule does not apply to development and maintenance of tourist and historic railroad operations. proposed inspection and testing requirements industry standards for railroad However, after consulting with the D. General FRA conclusions passenger equipment. excursion railroad associations to 1. Brake and mechanical inspections FRA must necessarily be vigilant in determine appropriate applicability in 2. Qualified maintenance person ensuring that passenger trains continue light of financial, operational, or other 3. Long-distance intercity passenger trains to be designed, built, and operated with factors unique to such operations, FRA VII. Movement of Defective Equipment a high level of safety. In general, the A. Background may prescribe requirements for these railroad operating environment in the operations that are similar to or different B. Overview of 1997 NPRM C. Discussion of comments on the 1997 United States requires passenger from those affecting other types of equipment to operate commingled with passenger operations. NPRM and general FRA conclusions 1. Movement of equipment with defective very heavy and long freight trains, often DATES: This regulation is effective July brakes over track with frequent grade crossings 12, 1999. The incorporation by reference 2. Movement of equipment with other than used by heavy highway equipment. of certain publications listed in the rule power brake defects European passenger operations, on the is approved by the Director of the VIII. FRA's Passenger Train Safety Initiatives other hand, are intermingled with Federal Register as of July 12, 1999. IX. Section-by-Section Analysis freight equipment of lesser weight than X. Regulatory Impact ADDRESSES: Any petition for A. Executive Order 12866 and DOT in North America. In many cases, reconsideration should reference FRA regulatory policies and procedures highway-rail grade crossings also pose Docket No. PCSS±1, Notice No. 5, and B. Regulatory Flexibility Act lesser hazards to passenger trains in be submitted in triplicate to the Docket C. Paperwork Reduction Act Europe due to lower highway vehicle Clerk, Office of Chief Counsel, FRA, D. Environmental impact weight. FRA is concerned with the level VerDate 06-MAY-99 17:51 May 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12MYR2.XXX pfrm03 PsN: 12MYR2 Federal Register / Vol. 64, No. 91 / Wednesday, May 12, 1999 / Rules and Regulations 25541 of safety provided by passenger prescribe initial regulations under subsection Railway Progress Institute (RPI) equipment designed to European and (a) within 3 years after the date of enactment Safe Travel America (STA) other international standards when such of the Federal Railroad Safety Authorization Transportation Workers Union of equipment is operated in the United Act of 1994. The initial regulations may America (TWU) exempt equipment used by tourist, historic, States. United Transportation Union (UTU), scenic, and excursion railroad carriers to and A clear set of Federal safety standards transport passengers. for railroad passenger equipment is Washington State Department of (2) The Secretary shall prescribe final Transportation (WDOT) needed that is tailored to the nation's regulations under subsection operating environment in order to (a) within 5 years after such date of The Working Group is chaired by provide for the safety of rail operations enactment. FRA, and supported by FRA program, in the United States and to facilitate (c) PERSONNEL.ÐThe Secretary may legal, and research staff, including sound planning for these operations. In establish within the Department of technical personnel from the Volpe furtherance of this safety objective, FRA Transportation 2 additional full-time National Transportation Systems Center is pleased by the American Public equivalent positions beyond the number (Volpe Center) of the Research and permitted under existing law to assist with Transit Association's (APTA) initiative Special Programs Administration of the drafting, prescribing, and implementation DOT. FRA has included vendor to continue the development and of regulations under this section. maintenance of voluntary industry (d) CONSULTATION.ÐIn prescribing representatives designated by RPI as standards for the safety of railroad regulations, issuing orders, and making associate members of the Working passenger equipment. These standards amendments under this section, the Secretary Group. FRA has also included the will complement FRA's safety standards may consult with Amtrak, public authorities AAPRCO as an associate Working Group and, thus, will work together to provide operating railroad passenger service, other member. The National Transportation an even higher level of safety for rail railroad carriers transporting passengers, Safety Board (NTSB) has designated passengers, rail employees, and the organizations of passengers, and staff members
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