Vol. 78 Wednesday, No. 49 March 13, 2013 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; Final Rule VerDate Mar<15>2010 19:41 Mar 12, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13MRR2.SGM 13MRR2 mstockstill on DSK4VPTVN1PROD with RULES2 16052 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations DEPARTMENT OF TRANSPORTATION • Mail: Docket Management Facility, A. Proceedings to Carry Out the 1992/1994 U.S. Department of Transportation, 1200 Track Safety Standards Rulemaking Federal Railroad Administration New Jersey Avenue SE., Room W12– Mandates 140, Washington, DC 20590. B. Proceedings To Carry Out the 1994 49 CFR Parts 213 and 238 Passenger Equipment Safety Standards • Hand Delivery: Docket Management Rulemaking Mandate [Docket No. FRA–2009–0036, Notice No. 2] Facility, U.S. Department of C. Identification of Key Issues for Future Transportation, 1200 New Jersey Rulemaking RIN 2130–AC09 Avenue SE., Room W12–140 on the D. RSAC Overview Ground level of the West Building, E. Establishment of the Passenger Safety Vehicle/Track Interaction Safety between 9 a.m. and 5 p.m., Monday Working Group Standards; High-Speed and High Cant through Friday, except Federal holidays. F. Establishment of the Task Force G. Development of the NPRM Deficiency Operations Instructions: All submissions must H. Development of the Final Rule AGENCY: Federal Railroad include the agency name and docket IV. Technical Background Administration (FRA), Department of number or Regulatory Identification A. Lessons Learned and Operational Experience Transportation (DOT). Number (RIN) for this rulemaking. Note that all petitions and comments B. Research and Computer Modeling ACTION: Final rule. received will be posted without change V. Discussion of Specific Comments and Conclusions SUMMARY: FRA is amending the Track to www.regulations.gov, including any A. EU and SNCF Comments on Track Safety Standards and Passenger personal information. Please see the Geometry Standards Equipment Safety Standards to promote Privacy Act heading in the B. Wheel Unloading Ffrom Wind on the safe interaction of rail vehicles with SUPPLEMENTARY INFORMATION section of Superelevated Curves the track over which they operate under this document for Privacy Act VI. Section-by-Section Analysis a variety of conditions at speeds up to information related to any submitted VII. Regulatory Impact and Notices petitions, comments, or materials. A. Executive Orders 12866 and 13563 and 220 m.p.h. The final rule revises DOT Regulatory Policies and Procedures standards for track geometry and safety Docket: For access to the docket to B. Regulatory Flexibility Act and Executive limits for vehicle response to track read background documents, petitions Order 13272 conditions, enhances vehicle/track for reconsideration, or comments C. Paperwork Reduction Act qualification procedures, and adds received, go to www.regulations.gov D. Federalism Implications flexibility for permitting high cant anytime or visit the Docket Management E. Environmental Impact deficiency train operations through Facility, U.S. Department of F. Unfunded Mandates Reform Act of 1995 curves at conventional speeds. The rule Transportation, 1200 New Jersey G. Energy Impact accounts for a range of vehicle types Avenue SE., Room W12–140 on the H. Trade Impact I. Privacy Act that are currently in operation, as well Ground level of the West Building, as vehicle types that may likely be used between 9 a.m. and 5 p.m., Monday I. Executive Summary in future high-speed or high cant through Friday, except Federal holidays. Having considered the public deficiency rail operations, or both. The FOR FURTHER INFORMATION CONTACT: John comments in response to FRA’s May 10, rule is based on the results of simulation J. Mardente, Engineer, Office of Railroad 2010, proposed rule on vehicle/track studies designed to identify track Safety, Mail Stop 25, Federal Railroad interaction safety, see 75 FR 25928, FRA geometry irregularities associated with Administration, 1200 New Jersey issues this final rule amending the unsafe wheel/rail forces and Avenue SE., Washington, DC 20590 Track Safety Standards, 49 CFR part accelerations, thorough reviews of (telephone 202–493–1335); Ken Rusk, 213, and the Passenger Equipment vehicle qualification and revenue Staff Director, Track Division, Office of Safety Standards, 49 CFR part 238, service test data, and consideration of Railroad Safety, Mail Stop 25, Federal applicable to high-speed and high cant international practices. Railroad Administration, 1200 New deficiency train operations. (As DATES: This final rule is effective July Jersey Avenue SE., Washington, DC explained more fully in the preamble, 11, 2013. The incorporation by reference 20590 (telephone 202–493–6236); Ali below, train operations at cant of a certain publication listed in the rule Tajaddini, Program Manager for deficiency involve traveling through is approved by the Director of the Vehicle/Track Interaction, Office of curves faster than the balance speed; the Federal Register as of July 11, 2013. Railroad Policy and Development, Mail higher the train speed is above the Petitions for reconsideration must be Stop 20, Federal Railroad balance speed, the higher the cant received on or before May 13, 2013. Administration, 1200 New Jersey deficiency.) Since FRA’s high-speed Comments in response to petitions for Avenue SE., Washington, DC 20590 track safety standards and passenger reconsideration must be received on or (telephone 202–493–6438); or Daniel L. equipment safety standards were issued before June 26, 2013. Alpert, Supervisory Trial Attorney, in the late 1990s, FRA and interested ADDRESSES: Petitions for reconsideration Office of Chief Counsel, Mail Stop 10, industry members have identified and comments on petitions for Federal Railroad Administration, 1200 various issues for possible future reconsideration: Any petitions for New Jersey Avenue SE., Washington, rulemaking. Some of these issues reconsideration or comments on DC 20590 (telephone 202–493–6026). resulted from the gathering of petitions for reconsideration related to operational experience in applying the SUPPLEMENTARY INFORMATION: Docket No. FRA–2009–0036, Notice No. safety standards to Amtrak’s high-speed, 2, may be submitted by any of the Table of Contents for SUPPLEMENTARY Acela Express (Acela) trainsets, as well following methods: INFORMATION as to higher-speed commuter railroad • Web site: The Federal eRulemaking I. Executive Summary operations. Other issues arose from Portal, www.regulations.gov. Follow the II. Statutory Background research conducted, allowing FRA to Web site’s online instructions for A. Track Safety Standards gather new information with which to submitting comments. B. Passenger Equipment Safety Standards evaluate the safety of high-speed and • Fax: 202–493–2251. III. Proceedings to Date high cant deficiency rail operations. VerDate Mar<15>2010 19:41 Mar 12, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\13MRR2.SGM 13MRR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 49 / Wednesday, March 13, 2013 / Rules and Regulations 16053 FRA has addressed these issues with the existing before this final rule, a railroad II. Statutory Background assistance of the Railroad Safety could insist that a carbuilder provide A. Track Safety Standards Advisory Committee (RSAC), which trainsets that could meet acceleration unanimously recommended the requirements on track at the maximum The first Federal Track Safety requirements contained in this final allowable deviations. FRA is unaware of Standards were published on October rule. any such trainsets that are available that 20, 1971, following the enactment of the Among the final rule’s main would have complied with the former Federal Railroad Safety Act of 1970, accomplishments, the rule: rule under all permitted conditions and • Revises performance standards and Public Law 91–458, 84 Stat. 971 also meet other requirements for service specifications for track geometry for the (October 16, 1970), in which Congress higher-speed track classes, track Classes in the United States. This final rule granted to FRA comprehensive 6 through 9 (speeds greater than 80 makes it more likely that railroads will authority over ‘‘all areas of railroad miles per hour (m.p.h.) for freight and specify equipment that is currently safety.’’ See 36 FR 20336. FRA 90 m.p.h. for passenger operations). produced, and thus could reduce the envisioned the new Standards to be an FRA has reviewed the performance costs of procurements, although Amtrak evolving set of safety requirements standards in light of advanced disagrees in its comments (and FRA subject to continuous revision allowing simulations that were developed to believes that, even without procurement the regulations to keep pace with support the rulemaking effort, as benefits, the costs of the rule are still industry innovations and agency discussed in Section IV, below, and is justified by the benefits). Operations at research and development. The most refining those standards to focus on high cant deficiency allow trains to comprehensive revision of the identified safety concerns and remove operate more rapidly around curves. Standards resulted from the Rail Safety any unnecessary costs. This can dramatically reduce the time Enforcement and Review Act of