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Department of Transportation Federal Railroad Administration Monday, May 10, 2010 Part II Department of Transportation Federal Railroad Administration 49 CFR Parts 213 and 238 Vehicle/Track Interaction Safety Standards; High-Speed and High Cant Deficiency Operations; Proposed Rule VerDate Mar<15>2010 17:26 May 07, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10MYP2.SGM 10MYP2 mstockstill on DSKH9S0YB1PROD with PROPOSALS2 25928 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, B. Research and Computer Modeling Washington, DC 20590. IV. Section-by-Section Analysis Federal Railroad Administration • Hand Delivery: Docket Management V. Regulatory Impact and Notices Facility, U.S. Department of A. Executive Order 12866 and DOT 49 CFR Parts 213 and 238 Regulatory Policies and Procedures Transportation, 1200 New Jersey B. Regulatory Flexibility Act and Executive [Docket No. FRA–2009–0036, Notice No. 1] Avenue, SE., West Building Ground Order 13272 Floor, Room W12–140, Washington, DC, C. Paperwork Reduction Act RIN 2130–AC09 between 9 a.m. and 5 p.m., Monday D. Federalism Implications through Friday, except Federal holidays. E. Environmental Impact Vehicle/Track Interaction Safety • Fax: 202–493–2251. F. Unfunded Mandates Reform Act Standards; High-Speed and High Cant Instructions: Note that all comments G. Energy Impact Deficiency Operations received will be posted without change H. Trade Impact I. Privacy Act AGENCY: Federal Railroad to http://www.regulations.gov, including Administration (FRA), Department of any personal information provided. I. Statutory Background Transportation (DOT). Please see the Privacy Act discussion, A. Track Safety Standards below. ACTION: Notice of proposed rulemaking The first Federal Track Safety (NPRM). Docket: For access to the docket to read background documents or Standards were published on October SUMMARY: FRA is proposing to amend comments received, go to http:// 20, 1971, following the enactment of the the Track Safety Standards and www.regulations.gov anytime, or to the Federal Railroad Safety Act of 1970, Passenger Equipment Safety Standards Docket Management Facility, U.S. Public Law 91–458, 84 Stat. 971 applicable to high-speed and high cant Department of Transportation, 1200 (October 16, 1970), in which Congress deficiency train operations in order to New Jersey Avenue, SE., West Building granted to FRA comprehensive ‘‘ promote the safe interaction of rail Ground Floor, Room W12–140, authority over all areas of railroad ’’ vehicles with the track over which they Washington, DC, between 9 a.m. and 5 safety. See 36 FR 20336. FRA envisioned the new Standards to be an operate. The proposal would revise p.m., Monday through Friday, except evolving set of safety requirements existing limits for vehicle response to Federal holidays. Follow the online subject to continuous revision allowing track perturbations and add new limits instructions for accessing the dockets. the regulations to keep pace with as well. The proposal accounts for a FOR FURTHER INFORMATION CONTACT: John industry innovations and agency range of vehicle types that are currently J. Mardente, Engineer, Office of Railroad research and development. The most used and may likely be used on future Safety, Mail Stop 25, Federal Railroad comprehensive revision of the high-speed or high cant deficiency rail Administration, 1200 New Jersey Standards resulted from the Rail Safety operations, or both. The proposal is Avenue, SE., Washington, DC 20590 Enforcement and Review Act of 1992, based on the results of simulation (telephone 202–493–1335); Ali Public Law 102–365, 106 Stat. 972 studies designed to identify track Tajaddini, Program Manager for (Sept. 3, 1992), later amended by the geometry irregularities associated with Vehicle/Track Interaction, Office of Federal Railroad Safety Authorization unsafe wheel/rail forces and Railroad Policy and Development, Mail Act of 1994, Public Law 103–440, 108 accelerations, thorough reviews of Stop 20, Federal Railroad Stat. 4615 (November 2, 1994). The vehicle qualification and revenue Administration, 1200 New Jersey amended statute is codified at 49 U.S.C. service test data, and consideration of Avenue, SE., Washington, DC 20590 20142 and required the Secretary of international practices. (telephone 202–493–6438); or Daniel L. Transportation (Secretary) to revise the DATES: Written comments must be Alpert, Trial Attorney, Office of Chief Track Safety Standards, which are received by July 9, 2010. Comments Counsel, Mail Stop 10, Federal Railroad contained in 49 CFR part 213. The received after that date will be Administration, 1200 New Jersey Secretary delegated the statutory considered to the extent possible Avenue, SE., Washington, DC 20590 rulemaking responsibilities to the without incurring additional expense or (telephone 202–493–6026). Administrator of the Federal Railroad delay. SUPPLEMENTARY INFORMATION: Administration. See 49 CFR 1.49. FRA anticipates being able to resolve this rulemaking without a public, oral Table of Contents for Supplementary B. Passenger Equipment Safety hearing. However, if FRA receives a Information Standards specific request for a public, oral I. Statutory Background In September 1994, the Secretary hearing prior to June 9, 2010, one will A. Track Safety Standards convened a meeting of representatives be scheduled and FRA will publish a B. Passenger Equipment Safety Standards from all sectors of the rail industry with supplemental notice in the Federal II. Proceedings to Date the goal of enhancing rail safety. As one Register to inform interested parties of A. Proceedings To Carry Out the 1992/1994 Track Safety Standards Rulemaking of the initiatives arising from this Rail the date, time, and location of any such Mandates Safety Summit, the Secretary hearing. B. Proceedings To Carry Out the 1994 announced that DOT would develop ADDRESSES: Comments: Comments Passenger Equipment Safety Standards safety standards for rail passenger related to Docket No. FRA–2009–0036, Rulemaking Mandate equipment over a 5-year period. In Notice No. 1, may be submitted by any C. Identification of Key Issues for Future November 1994, Congress adopted the of the following methods: Rulemaking Secretary’s schedule for implementing • Federal eRulemaking Portal: Go to D. RSAC Overview rail passenger equipment safety http://www.regulations.gov. Follow the E. Establishment of the Passenger Safety regulations and included it in the Working Group online instructions for submitting F. Establishment of the Task Force Federal Railroad Safety Authorization comments. Act of 1994. Congress also authorized • G. Development of the NPRM Mail: Docket Management Facility, III. Technical Background the Secretary to consult with various U.S. Department of Transportation, 1200 A. Lessons Learned and Operational organizations involved in passenger New Jersey Avenue, SE., West Building Experience train operations for purposes of VerDate Mar<15>2010 17:26 May 07, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\10MYP2.SGM 10MYP2 mstockstill on DSKH9S0YB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 25929 prescribing and amending these belonging to one of these high-speed rulemaking was codified primarily at 49 regulations, as well as issuing orders track classes. CFR part 238 and secondarily at 49 CFR pursuant to them. Section 215 of this parts 216, 223, 229, 231, and 232. B. Proceedings To Carry Out the 1994 Act is codified at 49 U.S.C. 20133. Passenger Equipment Safety Standards C. Identification of Key Issues for Future II. Proceedings to Date Rulemaking Mandate Rulemaking A. Proceedings To Carry Out the 1992/ FRA formed the Passenger Equipment While FRA had completed these 1994 Track Safety Standards Safety Standards Working Group to rulemakings, FRA and interested Rulemaking Mandates provide FRA with advice in developing industry members began identifying the regulations mandated by Congress. various issues for possible future To help fulfill the statutory mandates, On June 17, 1996, FRA published an rulemaking. Some of these issues FRA decided that the proceeding to advance notice of proposed rulemaking resulted from the gathering of revise part 213 should advance under (ANPRM) concerning the establishment operational experience in applying the the Railroad Safety Advisory Committee of comprehensive safety standards for new safety standards to Amtrak’s high- (RSAC), which was established on railroad passenger equipment. See 61 speed, Acela Express (Acela) trainsets, March 11, 1996. (A fuller discussion of FR 30672. The ANPRM provided as well as to higher-speed commuter RSAC is provided below.) In turn, RSAC background information on the need for railroad operations. These included formed a Track Working Group, such standards, offered preliminary concerns raised by railroads and rail comprised of approximately 30 ideas on approaching passenger safety equipment manufacturers as to the representatives from railroads, rail issues, and presented questions on application of the new safety standards labor, trade associations, State various passenger safety topics. and the consistency between the government, track equipment Following consideration of comments requirements contained in part 213 and manufacturers, and FRA, to develop and received on the ANPRM and advice those in part 238. Other issues arose draft a proposed rule for revising part from FRA’s Passenger Equipment Safety from the conduct of research,
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