[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Rules and Regulations]
[Pages 33870-33873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15298]


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[[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view toward eliminating or revising those outdated or otherwise in need 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

[[Page 33872]]

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.

* * * * *

[[Page 33873]]

    (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