Signal and Train Control; Miscellaneous Amendments

[[Page 33871]]

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 233, 235 and 236

[FRA Docket No. RSSI-1 ; Notice No. 1]

RIN 2130--AB06; 2130--AB05

Signal and Train Control; Miscellaneous Amendments

AGENCY: Federal Railroad Administration (FRA), Department of

Transportation (DOT).

ACTION: Interim final rule.

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SUMMARY: In accord with President Clinton's Regulatory Reinvention

Initiative, FRA is amending FRA's signal system reporting requirements

to reduce signal system reporting burdens on the rail industry. FRA is

also amending its regulations governing applications for approval of

discontinuance or material modification of a signal system and is

consolidating certain pneumatic valve cleaning and testing intervals to

eliminate overlapping and unnecessary test schedules.

DATES: This interim final rule is effective August 30, 1996. Written

comments concerning this rule must be filed no later than July 31,

1996.

FOR FURTHER INFORMATION CONTACT: William Goodman, Staff Director,

Signal and Train Control, Office of Safety, FRA, 400 Seventh Street,

S.W., Washington, D.C. 20590 (telephone 202-366-2231), or Mark Tessler,

Office of Chief Counsel, FRA, 400 Seventh Street, S.W., Washington,

D.C. 20590 (telephone 202-366-0628).

SUPPLEMENTARY INFORMATION:

Background

On September 30, 1993, President Clinton issued Executive Order No.

12866, ``Regulatory Planning and Review''. This Executive Order was

based on the recognition that government must govern in a focused,

tailored, and sensible way. In order to reaffirm and implement the

principles of Executive Order No. 12866, President Clinton, in March of

1995, announced a Regulatory Reinvention Initiative in which federal

agencies were directed to conduct a review of agency regulations with a

view toward eliminating or revising those outdated or otherwise in need

of reform. This proceeding is part of that effort.

FRA has not provided prior notice and request for public comment

prior to making the amendments contained in this rule. FRA has

concluded that such notice and comment are impracticable, unnecessary

and contrary to the public interest under 5 U.S.C 553 since FRA is

making only minor changes in reporting requirements, administrative

procedures, and is clarifying contradictory regulatory provisions.

However, FRA is soliciting comments on this rule and will consider

those comments in determining whether there is a need to take further

action to improve these regulations. For this reason, FRA has issued

this as an interim final rule so that it can take effect while any

comments are being considered. If comments persuade FRA that amendments

are necessary, it will address them in a subsequent notice. As noted

above, comments must be submitted no later than July 31, 1996.

Section-by-Section Analysis

49 CFR Part 233.9 ``Signal System Reporting Requirements''

The Signal Systems Annual Report has historically been used to

monitor changes in the types of signal systems installed on the nation'

s railroads. Based on its regulatory review, FRA has concluded that the

signal system information base can be maintained while at the same time

the reporting burden imposed on railroads can be reduced. FRA has

concluded that the information provided by this report does not need to

be updated annually. Using the information base already in existence,

FRA can monitor incremental changes in railroad signal systems through

reports of agency field personnel. Additionally, because railroads must

file an application with FRA to discontinue or materially modify a

signal system under 49 CFR Part 235, FRA will be well informed

regarding incremental changes in signal systems. FRA is amending this

section to provide for filing of signal system reports every five years

rather than on an annual basis, as is required presently. This more

realistic time frame will reduce the reporting burden to the industry

while maintaining an adequate information base. FRA is also revising

the information to be reported in order to reflect technological

changes in the industry and in accord with information needs of FRA.

FRA will submit the report form to the Office of Management and Budget

(OMB) for approval. The new reporting requirements contained in this

section are not mandatory until approval has been obtained from OMB.

Section 233.9 is thus being revised to require that not later than

April 1, 1997 and every 5 years thereafter, each carrier shall file

with FRA a Signal System Five-year Report on a form to be provided by

FRA and in accordance with instructions provided on the report.

49 CFR Part 235.7 ``Changes not Requiring Filing of Application''

Section 235.7 currently specifies those modifications to signal

systems that can be made by a railroad without the necessity of filing

an application for FRA approval. Those listed modifications are of a

type that increase either the safety of a signal system or which do not

affect the existing level of safety. FRA is adding a provision which

permits the installation, removal or relocation of intermediate or

automatic signals in conjunction with the elimination of signal system

pole lines when replaced with electronic track circuits. Improving a

signal system with electronic track circuits provides a railroad with

the benefit of a signal system not adversely affected by ice, snow

storms, and floods. Installation of electronic track circuits and the

elimination of open pole lines often results in the extension and

equalization of block limits and relieves the railroads from

maintaining and replacing many poles and cross arms and eliminates

signal problems created by wire crosses and grounds on the open wire

signal circuits. Section 235.7(c)(24) provides that it is not necessary

to file an application for approval for the installation, relocation,

or removal of signals, interlocked switches, derails, movable-point

frogs, or electric locks in an existing system directly associated with

the installation of new track; the elimination of existing track other

than a second main track; the extension or shortening of a passing

siding; elimination of second main track in certain stated

circumstances or a line relocation. FRA is adding to this list

conversion of pole line circuits to electronic (coded) track circuits

provided that the railroad gives notice and a profile plan of the

change to the FRA regional office having jurisdiction over that

territory at least 60 days in advance of the change. In addition, the

railroad must provide at the same time a copy of the notice and profile

plan to representatives of employees responsible for maintenance,

inspection and testing of the signal system under 49 CFR Part 236. The

signal system modification will be deemed acceptable, unless within 60

days, the Regional Adminstrator stays action by written notice to the

railroad and refers the issue to the Railroad Safety Board for

decision. The proposed change will enable railroads to better manage

the timing and budgeting for signal system upgrades while at the same

time

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maintaining protection and safety of train movements.

49 CFR 236.590 ``Pneumatic Apparatus''

This section presently requires that automatic train stop

(``ATS''), automatic train control (``ATC''), or automatic cab signal

(``ACS'') pneumatic apparatus be inspected and cleaned at least once

every 736 days. This section also requires that the pneumatic apparatus

be stenciled, tagged or otherwise marked to indicate the last cleaning

date. Locomotive safety standard regulations at 49 CFR 229.29 require

that valves, valve portions, MU locomotive brake cylinders and electric

pneumatic master controllers in the air brake system be cleaned,

repaired, and tested at least once every 736 days. The section also

requires that the date and place of the cleaning, repairing and testing

be recorded on a specified form. A record of the parts of the air brake

system that are cleaned, repaired, and tested are required to be kept

in the railroad' s files or in the cab of the locomotive.

FRA intends that the inspection and cleaning time interval

requirements for pneumatic apparatus (ATS, ATC, and ACS) be governed by

the air brake testing intervals established in 229.29. In that way,

railroads will not be faced with conflicting testing schedules.

Maintenance schedules will be simplified and locomotive down-time will

be reduced as a result. Although both section 229.29 and 236.590

require a 736-day test interval, due to existing waivers, the testing

and cleaning intervals for air brake systems and pneumatic systems on

many locomotives do not coincide. In 1985, FRA granted a waiver of

compliance with Sec. 229.29 (see 50 FR 3910, January 29, 1985) to allow

locomotives equipped with 26L airbrake equipment to operate for periods

not to exceed three years before receiving the detailed inspections

required by Sec. 229.29. Under the terms of this waiver, which extended

an earlier test waiver (see 46 FR 33401, June 29, 1981), ``train

control pneumatic valves (suppression and timing valves)'' were

included within the waiver. Thus railroads have been able to perform

periodic testing and maintenance of air brake and train control

pneumatic valves on locomotive 26L brake equipment at the same time. It

has come to our attention that many railroads were not aware of the

extent of the waiver issued in 1985 and thus may not have been taking

advantage of the scheduling advantages this waiver provided. By

conforming the requirements of Sec. 236.590 to those of Sec. 229.29,

any changes in inspection and testing intervals or recordkeeping

requirements made to air brake systems will automatically apply to

pneumatic train control valves on similar types of locomotives. Since

pneumatic train control valves utilize the same air supply system, a

decision as to safe testing intervals for one component would apply to

the other component as well. In addition to the above changes, FRA is

providing ``out of service'' credit that is applied to air brake

systems under Sec. 229.33 to train control systems under Sec. 236.590.

This will further conform the two sets of testing and maintenance

requirements.

FRA is thus amending Sec. 236.590 to provide that automatic train

stop, train control, or cab signal pneumatic apparatus shall be

inspected, cleaned, and the results of such inspection recorded as

provided by Sec. 229.29(a). When a locomotive with automatic train

stop, train control, or cab signal pneumatic apparatus receives out-of-

use credit pursuant to Sec. 229.33, the automatic train stop, train

control, or cab signal apparatus shall be tested in accordance with

Sec. 236.588 prior to the locomotive being placed in service.

E.O. 12866 and DOT Regulatory Policies and Procedures

These amendments have been evaluated in accordance with existing

policies and procedures and because they are primarily technically

oriented and generally reduce the regulatory burden on railroads, FRA

has concluded that the revisions do not constitute significant rule

under either Executive Order 12866 or DOT's regulatory policies and

procedures.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)

requires a review of rules to assess their impact on small entities.

FRA certifies that this rule will not have a significant impact on a

substantial number of small entities. There are no substantial economic

impacts for small units of government, businesses, or other

organizations.

Paperwork Reduction Act

These amendments reduce information collection requirements and

therefore reduce reporting burdens imposed on railroads.

Environmental Impact

FRA has evaluated these regulations in accordance with its

procedure for ensuring full consideration of the potential

environmental impacts of FRA actions, as required by the National

Environmental Policy Act and related directives. FRA has determined

that the revision of Parts 233, 235 and 236 of Title 49 of the CFR does

not constitute a major FRA action requiring an environmental

assessment.

Federalism Implications

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, ``Federalism,'' and it has

been determined that these amendments do not have federalism

implications to warrant the preparation of a Federalism Assessment.

List of Subjects

49 CFR Part 233

Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 235

Railroad safety, Administrative practice and procedure.

49 CFR Part 236

Railroad safety.

The Rule

In consideration of the foregoing, FRA amends Parts 233, 235, and

236 of Title 49 of the Code of Federal Regulations as set forth below:

PART 233--[AMENDED]

1. The authority citation for Part 233 continues to read as

follows:

Authority: 49 App. U.S.C. 26, as amended; 49 App. U.S.C.

1655(e), as amended; 45 U.S.C. 431, 437, and 438, as amended; Pub.

L. 100-342; and 49 CFR 1.49 (f), (g), and (m).

2. Section 233.9 is revised to read as follows:

Sec. 233.9 Reports.

Not later than April 1, 1997 and every 5 years thereafter, each

carrier shall file with FRA a signal system status report ``Signal

System Five-year Report'' on a form to be provided by FRA in accordance

with instructions and definitions provided on the report.

PART 235--[AMENDED]

3. The authority citation for Part 235 continues to read as

follows:

Authority: 49 App. U.S.C. 26, as amended; 49 App. U.S.C.

1655(e), as amended; 45 U.S.C. 431, 437, and 438, as amended; Pub.

L. 100-342; and 49 CFR 1.49 (f), (g), and (m).

4. Paragraph (c)(24) of Sec. 235.7 is amended by a adding at the

end thereof a new paragraph (c)(24) (vi) to read as follows:

Sec. 235.7 Changes not requiring filing of application.

* * * * *

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(c) * * *

(24) * * *

(vi) The conversion of pole line circuits to electronic (coded)

track circuits provided that the railroad gives notice and a profile

plan of the change to the FRA regional office having jurisdiction over

that territory at least 60 days in advance of the change. The railroad

must also at the same time provide a copy of the notice and profile

plan to representatives of employees responsible for maintenance,

inspection and testing of the signal system under 49 CFR Part 236. The

signal system modification will be deemed acceptable, unless within 60

days, the Regional Adminstrator stays action by written notice to the

railroad and refers the issue to the Railroad Safety Board for

decision.

PART 236--[AMENDED]

5. The authority citation for Part 236 continues to read as

follows:

Authority: 49 App. U.S.C. 26, as amended; 49 App. U.S.C.

1655(e), as amended; 45 U.S.C. 431, 437, and 438, as amended; Pub.

L. 100-342; and 49 CFR 1.49 (f), (g), and (m).

6. Section 236.590 is revised to read as follows:

Sec. 236.590 Pneumatic apparatus

Automatic train stop, train control, or cab signal pneumatic

apparatus shall be inspected, cleaned, and the results of such

inspection recorded as provided by Sec. 229.29(a). When a locomotive

with automatic train stop, train control, or cab signal pneumatic

apparatus receives out-of-use credit pursuant to Sec. 229.33, the

automatic train stop, train control, or cab signal apparatus shall be

tested in accordance with Sec. 236.588 prior to the locomotive being

placed in service.

Issued in Washington, D.C. on May 30, 1996.

Donald M. Itzkoff,

Deputy Administrator.

[FR Doc. 96-15298 Filed 6-28-96; 8:45 am]

BILLING CODE 4910-06-P