# Test Program and Public Hearing Involving Remotely Controlled Locomotives

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URL: https://www.frixlaw.com/law-library/documents/fr%3A94-28490

## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** November 18, 1994

## Text

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA General Docket No. H-94-6]

Test Program and Public Hearing Involving Remotely Controlled
Locomotives

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of test program and public hearing.

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SUMMARY: FRA is planning to conduct a test program of rail operations
involving use of remotely controlled locomotives to evaluate the safety
of this new technology in which a person can operate a locomotive by
means of a radio remote-control device while not physically within the
confines of a locomotive cab.

FOR FURTHER INFORMATION CONTACT:
Rolf Mowatt-Larssen, Chief of Motive Power and Equipment Division,
Office of Safety (RRS-14), Federal Railroad Administration, 400 7th
Street, SW., Washington, DC 20590 (telephone: 202-366-4094).

SUPPLEMENTARY INFORMATION: Pursuant to 49 CFR 211.51, FRA will conduct
a nation-wide test of rail operations involving remotely controlled
locomotives (operations in which a person located outside a locomotive
cab operates a locomotive by means of a radio remote-control device).
The purpose of the test is to determine under what conditions
locomotives can be operated from outside the cab of a locomotive by
means of one of several different types of remote-control devices, with
the level of safety required by Sec. 2 of the Locomotive Inspection Act
( 45 U.S.C. Sec. 23) and Sec. 229.7 of the Locomotive Safety Standards
(49 CFR 229.7), which incorporates that statutory provision. Section 2
of the Locomotive Inspection Act states that it is

Unlawful for any railroad to use or permit to be used on its
line any locomotive unless said locomotive, its boiler, tender, and
all parts and appurtenances thereof are in proper
condition and safe to operate in the service to which they are put.

FRA considers a remote-control device used to operate a locomotive to
be a ``part or appurtenance'' within the meaning of the Locomotive
Inspection Act.
In addition to raising overall safety concerns, remote-control
operations raise issues of possible technical noncompliance with
certain Federal railroad safety standards inasmuch as the technology in
question was not in use when the regulations were issued.
The Wheeling and Lake Erie Railway Company (W&LE) has submitted a
petition to FRA requesting waivers of certain provisions of the Federal
rail safety regulations in order to use remote-control devices in rail
operations. FRA Docket Numbers LI-92-6 and RSOP-92-1, 59 FR 4454
(January 14, 1993). In addition to reviewing the various regulations
from which W&LE requested relief, FRA reviewed W&LE's remote-control
operations in light of compliance with Sec. 2 of the Locomotive
Inspection Act (45 U.S.C. Sec. 23) and Sec. 229.7 of the Locomotive
Safety Standards (49 CFR 229.7), which incorporates that statutory
provision.
Based on an extensive FRA field investigation of the W&LE's remote-
control operations, W&LE's petition to FRA, testimony presented at a
public hearing held on May 11, 1993, submissions to the public docket,
as well as testing performed by the Volpe Transportation Systems Center
under contract to FRA, FRA has conditionally granted the W&LE a
temporary waiver. A copy of the approval letter is contained in
Appendix A to this notice.
While FRA has extensively reviewed the remote-control operations of
the W&LE, other railroads throughout the country have begun to use
remote-control technologies without similar FRA review. Because there
are different remote-control transmitters and receivers made by a
number of manufacturers and various railroads use those remote-control
devices in various operational settings, conditions associated with
W&LE's use of the devices may or may not be appropriate to other
carriers.
FRA needs to assure that continued use of this new technology does
not create a safety risk to railroad employees or the public. FRA also
does not want to hinder the development of new technologies which may
be of benefit to the rail industry. Thus, FRA has chosen to permit
continued use of remote control systems subject to appropriate safety
conditions, while a two-year study of such use is underway. At the
conclusion of the two-year period, FRA will be in a better position to
evaluate the necessity and, if appropriate, content of permanent safety
requirements for remote control use.
All railroads using such remote-control systems will be permitted
to continue using such systems only if they participate in the long-
term test, so that FRA can evaluate remote control operations in light
of the regulatory and statutory obligations imposed upon all railroads.
Enrollment will be necessary for waiver of those provisions of 49 CFR
Part 229 that present technical barriers to remote-control operation.
FRA will conduct the test in accordance with the guidelines set
forth in Appendix B. FRA seeks the comments of all parties interested
in the test program prior to taking final action. All interested
parties are invited to participate in this proceeding through written
submissions or by participating in an informal hearing to discuss the
test has been scheduled for 9:30 a.m. on January 11, 1995 in Room 2230,
400 Seventh Street, SW., Washington, DC 20590. All written
communications concerning this test program should reference ``FRA
General Docket No. H-94-6'' and should be submitted in triplicate to
the Docket Clerk, Office of Chief Counsel, Room 8201, FRA, 400 Seventh
Street, SW., Washington, DC 20590.
Comments received by January 18, 1995 will be considered before
final action is taken. All comments received will be available for
examination during regular working hours in Room 8201, Nassif Building,
400 Seventh Street, SW., Washington, DC 20590.

Issued in Washington, DC on November 9, 1994.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Comnpliance and
Program Implementation.

Appendix A

November 9, 1994.
Arthur E. Korkosz, Esq.,
Squire, Sanders & Dempsey, 4900 Society Center, Cleveland, Ohio
44114-1304.

Re: FRA Docket Nos. LI-92-6 and
RSOP-92-1

Dear Mr. Korkosz: This is in response to the petition on behalf
of the Wheeling and Lake Erie Railway Company (W&LE) for waivers of
various Federal Railroad Administration (FRA) rail safety
regulations pertaining to W&LE's use of remotely controlled
locomotives. FRA has reviewed in detail the operation of remotely
controlled locomotives on the W&LE. That operation raises issues of
technical noncompliance with various regulations as a result of the
fact that the technology in question was not in use when the
regulations were drafted.\1\ In addition, certain aspects of the
operation raise safety concerns which are not addressed by existing
regulations. Irrespective of the absence of regulatory provisions
addressing specific locomotive features or appurtenances, railroads
are required to use only locomotives and appurtenances that are safe
to operate in the service to which they are put. Section 2 of the
Locomotive Inspection Act, states in part:
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\1\It has been argued that section 1 of the first Safety
Appliance Act (45 U.S.C. Sec. 1) (hereinafter, ``Section 1'')
prohibits use of a locomotive without an engineer physically present
in the cab. Section 1 does not require the presence of an engineer
on the locomotive. Section 1 does make it unlawful to run a train
with an insufficient number of cars equipped with power or train
brakes or to use a locomotive not equipped with an independent power
brake and with appliances for operating the train brakes. This
provision in Section 1, while referring to an ``engineer on the
locomotive'' clearly does not require that an engineer be on the
locomotive; the subjects of that provision, and the only actions
made unlawful, are the operation of a train without an insufficient
number of adequately equipped cars and the use of a locomotive
unequipped with an independent power brake or appliances for
operating the train brakes.
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* * * it shall be unlawful for any railroad to use or permit to
be used on its line any locomotive unless said locomotive, its
boiler, tender, and all parts and appurtenances thereof are in
proper condition and safe to operate in the service to which the
same are put, that the same may be employed in the active service of
such railroad without unnecessary peril to life or limb * * *.

45 U.S.C. Sec. 23. See also 49 CFR Sec. 229.7(a)(1).
In making its determination regarding W&LE's petition, FRA has
reviewed the petition, testimony presented at a public hearing held
on May 11, 1993, and submissions to the public docket. FRA has also
relied on its own staff of railroad safety experts as well as
testing performed by the Volpe Transportation Systems Center under
contract to FRA.
Based on the above, FRA is dismissing FRA Docket No. RSOP-92-1
inasmuch as the operation of remotely controlled locomotives does
not by itself violate 49 CFR Part 218, Subpart B (``Blue Signal
Protection of Workers''). FRA is granting your request for a waiver
of rail safety regulations under FRA Docket No. LI-92-6 for a period
of two years subject to the conditions listed in the enclosure to
this letter. FRA reserves the right to amend or revoke this approval
based on non-compliance or based on new information pertaining to
the safety of the system. During this two-year period FRA will also
be conducting a test program, and together with its contractors,
will be reviewing remote-control operations and technology on the
W&LE and other railroads using similar technology. A notice of the
test program is being published in the Federal Register. In that
notice, FRA is encouraging all other railroads presently using
remote-control locomotives to join with FRA in evaluating these
systems.
At the conclusion of the test period, FRA will be in a better
position to evaluate the necessity and, if appropriate, content of
permanent safety requirements for use of remote-control devices.

Sincerely,
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program
Implementation, Federal Railroad Administration, U.S. Department of
Transportation.

Wheeling & Lake Erie Railway Company

Remote-control Locomotives

The waivers granted under FRA Docket No. LI-92-6 are subject to
the conditions set forth in this document. FRA reserves the right to
amend to revoke this approval based on non-compliance or based on
new information pertaining to the safety of the system.

A. Design Requirements

1. Each remote-control transmitter shall, at a minimum, have the
capability of controlling the following locomotive functions:
a. directional control;
b. graduated throttle control;
c. graduated independent locomotive brake application and
release;
d. graduated automatic train brake application and release;
e. audible warning device control;
f. audible bell control, if equipped;
g. sand control; and
h. headlight control.
2. Each remote-control transmitter shall control only the
locomotive equipped with a remote-control receiver assigned to that
transmitter.
3. Each locomotive equipped with a remote-control receiver shall
respond only to the remote-control transmitter assigned to that
receiver.
4. A remote-control transmitter having the capability to control
more than one locomotive receiver shall have a lockable selector
switch.
5. A service brake application by use of the remote-control
transmitter shall cause a service application of the locomotive and
train brakes.
6. When a remote-control transmitter's radio signal to the
locomotive receiver is interrupted for a set period not to exceed
five seconds, the remote-control system shall cause:
a. application of the locomotive and train brakes,
b. return of the diesel engine to idle, and
c. termination of the main generator/alternator electrical
output.
7. If a remote-control transmitter is equipped with an ``on''
and ``off'' switch, the switch, when moved from ``on'' to ``off''
position, shall result in:
a. application of the locomotive and train brakes,
b. return of the diesel engine to idle, and
c. termination of the main generator/alternator electrical
output.
8. Each locomotive equipped for remote-control operation shall
audibly or visibly indicate to nearby personnel that the locomotive
is under active remote-control and subject to movement.
9. Each remote-control transmitter shall be equipped with an
active safety switch requiring manual resetting or its equivalent.
It shall incorporate a timing sequence not to exceed 60 seconds.
Failure to reset the switch within the timing sequence shall result
in:
a. application of the locomotive and train brakes,
b. return of the diesel engine to idle,
c. termination of the main generator/alternator electrical
output, and
d. sounding of the horn continuously or in short blasts.
10. Each remote-control transmitter shall have a two-second
delay feature that when tilted 45 degrees in any direction shall
result in:
a. application of the locomotive and train brakes,
b. return of the diesel engine to idle,
c. termination of the main generator/alternator electrical
output, and
d. sounding of the horn continuously or in short blasts.
11. If the locomotive's main air reservoir pressure falls below
80 psi when the locomotive is in remote operation, the following
shall automatically occur:
a. application of the locomotive and train brakes,
b. return of the diesel engine to idle, and
c. termination of the main generator/alternator electrical
output.
12. In remote operation, any attempt to apply the brakes or move
the throttle on the locomotive control stand will automatically
result in:
a. application of the locomotive and train brakes,
b. return of the diesel engine to idle, and
c. termination of the main generator/alternator electrical
output.
13. When the air valves and the electrical selector switch on
the locomotive's remote control receiver equipment are moved from
manual to remote or remote to manual modes, an emergency application
of the locomotive and train brakes shall be initiated.
14. Measurements of electric and magnetic fields emitted by the
remote-control transmitter shall conform to American National
Standards Institute Safety Levels with Respect to Human Exposure to
Radio-Frequency Electromagnetic Fields, 300 Khz to 100 GHz'' (ANSI/
IEEE c95.1-1991).

B. Training Requirements

1. A training program for initial and continuing education for
operators of remote-control locomotives shall be established.
Training programs established in conformity with 49 CFR Part 240
shall be modified to include appropriate training for operation of
remote-control locomotives and systems.
2. Each person operating a remote-control locomotive
(irrespective of whether that locomotive service requires that the
operator be certified in accordance with 49 CFR Part 240) shall have
successfully completed appropriate classroom and hands-on training
regarding safety and operations of the remote-control locomotive and
system.

C. Standard Operating Procedures

1. W&LE shall establish written standard operating procedures
tailored to its remote-control operation and shall include the
following provisions:
a. Each defective condition in the remote-control system shall
be immediately reported to a designated railroad official.
b. Each defective condition in a remote-control system shall be
corrected before the locomotive is permitted to continue or be used
in remote-control service.
c. Repairs, modifications, or adjustments to any component of
the remote-control system shall be made by a qualified person.
d. W&LE shall immediately report by telephone to the FRA
Regional Office or, after business hours, to the National Response
Center whenever a derailment or personal injury occurs involving the
remote-control system. W&LE shall maintain a record of all defective
conditions and all accidents/incidents (irrespective of the
reporting threshold under 49 CFR Part 225) involving the remote-
control system. Such records shall be retained for at least 36
months.
e. Upon going off duty, each operator shall place the remote-
control locomotive in manual operation.
f. When operating a locomotive by remote-control, the operator
shall not:
i. ride on a freight car;
ii. ride on the locomotive's walkway or steps when the speed of
the locomotive is in excess of 10 mph; or
iii. stand or walk within the gage of the rail while in front of
the lead car or locomotive.
g. The maximum authorized speed of a remote-control locomotive
being operated from outside the cab is 10 mph.
h. When moving a group of cars for switching or placement
purposes, the remote-control operator shall assume a position to
observe the leading end of the movement.
i. The operator shall operate only one remote-control locomotive
consist from the remote-control transmitter, and shall not
simultaneously operate any other locomotive consist.
j. Prior to lining a switch or performing any duty that requires
going on, under, or between cars, the operator shall fully apply the
brakes on the locomotive and train.
k. When operating a remote-control locomotive in the remote mode
in road service, the operator shall at all times remain in the cab.
l. A remotely controlled locomotive operated from outside the
cab by a one-person crew shall not operate outside the confines of a
geographical yard, an industry, an industrial park, or a lead into
such facility when other railroad employees are not in close
proximity to the train movement.
m. A remote-control locomotive operated by a one-person crew
shall be segregated from other locomotives or crews operating in the
same yard or facility.
n. Movements past any signal, through an interlocking, or over
highway-rail crossings shall be made only when the remote-control
operator, or another crewmember who can signal or communicate with
the operator, has taken a position at the leading end of the
movement.
o. When operating a remote-control locomotive in the remote
mode, the operator shall bring the locomotive to a full stop before
the locomotive direction is changed.
q. Passenger trains shall not be operated by use of a remote-
control device.
r. Each operator of a remote-control locomotive shall be
equipped with an operative holstered hand-held radio equipped with a
wired remote microphone by which the operator may communicate with
another railroad employee.
s. In the event that a train is stopped on a grade, a sufficient
number of handbrakes must be set to hold the train.
2. W&LE shall adopt operating rules for remote-control
locomotives that address:
a. the maximum number of cars that can be handled at one time
and
b. how protection will be provided for maintenance-of-way and
signal employees in locations where remote-control locomotives are
operating.
3. W&LE shall submit its standard operating procedures to the
FRA.
4. W&LE shall comply with the standard operating procedures
listed above.

D. Security

1. The remote-control transmitter shall be stored in a secure
location when not in the operator's possession.
2. The issuance of a remote-control transmitter shall be the
responsibility of a designated railroad official who shall keep
accurate records of the assignment of each remote-control
transmitter.
3. Ability to access the selector switch on a remote-control
transmitter having the capability to control more than one
locomotive receiver shall be limited to one designated railroad
official during each shift.

E. Inspections and Tests

1. Each remote-control system shall be included as part of the
calendar day inspection required by 49 CFR 229.21.
2. Each operator upon going on duty, or before using the
locomotive in the remote-control mode for the first time during the
operator's shift, shall cut out the manual operation of the
locomotive and set up and test the remote-control transmitter to
determine that:
a. the control stand gauges and the load meter function properly
in accordance with the commands from the remote-control transmitter;
b. the locomotive responds to the transmitter controls of
reverser and throttle;
d. the locomotive brakes function properly from the transmitter;
e. the headlight, horn, and bell function properly from the
transmitter;
f. the transmitter tilt mechanism functions properly;
g. the transmitter tilt nullifying switch when placed in the
``off'' position, applies the locomotive brake; and
h. the active safety switch reset does not exceed 60 seconds.

F. Notification of Use and Protection of Workers

1. Prior to leaving the locomotive cab to operate the locomotive
from a position other than in or on the locomotive, the operator of
the locomotive shall affix a clearly visible tag to the throttle or
automatic brake value handle indicating that the locomotive is in
remote-control operation. This tag shall be removed by the operator
of the remote-control of the locomotive whenever the locomotive is
no longer operated by remote-control.
2. Whenever a worker as described in 49 CFR Part 218, Subpart B,
Blue Signal Protection of Workers, is required to work on, under, or
between the locomotive and/or train in remote-control operation, the
worker shall require the remote-control operator to remove the
remote-control tag from the throttle and restore the locomotive to
manual operation. The worker shall then attach a blue signal to the
throttle before commencing work.
3. When the worker has completed work on the locomotive or
train, the worker shall remove the blue signal and inform the
remote-control operator that he is off the locomotive or train. The
remote-control operator shall then comply with requirements of
section F.1. above before commencing use of the locomotive in
remote-control operations.

Appendix B

Test Program

Railroads operating on the general railroad system of
transportation using remote-control devices in which the lead
locomotive is controlled from outside the cab by means of a radio
transmitter are strongly encouraged to enroll in the test program:
1. Railroads participating in the test program shall inform the
Associate Administrator for Safety, 400 Seventh Street, SW.,
Washington, DC 20590.
2. Participating railroads agree to conform to the same
conditions as those contained in Appendix A.
3. If a participating railroad is unable to conform to any of
the conditions contained in Appendix A, it shall submit for FRA's
review and acceptance alternative safety conditions.
a. In the event the design of a remote-control system being used
by the participating railroads does not permit conformity with the
requirements contained in Appendix A, the railroad shall indicate
(i) which design requirement is different and (ii) how an equivalent
level of safety is achieved by the device being used by the
railroad.
b. In the event a participating railroad does not wish to comply
with a condition contained in sections B through G of Appendix A),
the railroad should specify the condition and indicate how an
equivalent level of safety is achieved by the railroad's alternative
condition.
4. Acceptance by FRA for participation in this test constitutes
a waiver of applicable Railroad Locomotive Safety Standards (49 CFR
Part 229) subject to compliance with the above conditions.

[FR Doc. 94-28490 Filed 11-17-94; 8:45 am]
BILLING CODE 4910-06-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-28490. Public record. Not legal advice.