G/TBT/N/USA/1243  
 
12 December 2016   
(16-6743) Page: 1/2 
Committee on Technical Barriers to Trade  Original : English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : UNITED STATES OF AME RICA  
If applicable, name of local government involved  (Article 3.2 and 7.2) : 
2. Agency responsible : Federal Railroad Adm inistration (FRA) [1263]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification  shall be indicated if different from above : 
Please su bmit comments to : USA WTO TBT Enquiry Point  
Email : usatbtep@nist.gov   
3. Notified under Article 2.9.2 [ X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other : 
4. Products covered (HS or CCCN where applicable, otherwise natio nal tariff heading. 
ICS numbers may be provided in addition, where applicable) : Passenger equipment 
safety standards . Transport (ICS : 03.220), Protective equipment (ICS : 13.340)  
5. Title, number of pages  and language(s)  of the notified document : Passenger  
Equipment Safety Standards; Standards for Alternative Compliance and High -Speed 
Trainsets (64 pages, in English)  
6. Description of content : FRA is proposing to amend its regulations for passenger 
equipment safety standards, which currently provide for pa ssenger rail service in a shared 
right-of-way under two separate tiers of safety standards : Tier I (speeds up to 125 miles 
per hour (mph)) and Tier II (speeds up to 150 mph). Consistent with the regulations' 
approach supporting interoperable passenger rail  service by sharing the right - of-way, this 
proposed rulemaking would add a new tier of safety standards (Tier III) to facilitate the 
safe implementation of interoperable high -speed passenger rail service at speeds up to 
220 mph. However, Tier III standard s would require operations at speeds above 125 mph 
to be in an exclusive right -of-way without grade crossings. The proposal also would 
establish crashworthiness and occupant protection performance requirements in the 
alternative to those currently specifie d for Tier I passenger trainsets. Adopting the 
proposed alternative crashworthiness and occupant protection requirements would remove 
regulatory barriers, allowing a more open U.S. rail market, incorporating recent 
technological designs. In addition, the p roposal would increase from 150 mph to 160 mph 
the maximum speed FRA's existing regulations allow for passenger equipment that 
complies with FRA's Tier II standards.  
7. Objective and rationale , including the nature of urgent problems where 
applicable : Protection of human health or safety  
8. Relevant documents : 81 Federal Register (FR) 88006, 6 December 2016; Title 49 Code 
of Federal Regulations (CFR) Parts 236 and 238.  Will appear in the Federal Register when 
adopted . G/TBT/N/USA/1243  
 
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  9. Proposed date of adoption : To be determined  
Proposed date of entry into force : To be determined   
10. Final date for comments : 6 February 2017  
11. Texts available from : National enquiry point  [ ] or address, telephone and fax 
number s and e mail and website address es, if available , of othe r body : 
https://members.wto.org/crnattachments/2016/TBT/USA/16_5062_00_e.pdf