rr

U.S. Department 

of Transportation 

Federal Railroad 

Administration 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

NOV 3 0 2010 

Mr. James Thomas 

President 

ASTM International 

100 Barr Harbor Drive 

P.O. Box C700 

West Conshohocken, PA 19428 

Dear Mr. Thomas: 

This letter is regarding two ASTM International (ASTM) draft standards proposed by 

Committee E34 that the Federal Railroad Administration (FRA) recently had the opportunity 

to view. The two draft standards are ASTM's draft "Standard Practice for Safety 

Requirements for Railroad Construction, Maintenance, and Demolition" (Work Item Number 

WK29297), and the draft "Standard Practice for Minimum Safety Requirements for the 

Investigation of Incidents/Accidents in the Railroad Industry" (Work Item Number 

WK28995). FRA has conducted a cursory review of these two draft standards. 

The draft standards would not constitute Federal requirements if adopted by ASTM. 

Therefore, unless the Final standards were incorporated, by reference, into one of FRA's 

regulations in the future, compliance with the standards by a railroad or contractor would not 

be mandatory. FRA also notes that it already has extensive regulations in place governing 

many of the items discussed in the draft standards. Moreover, during FRA's cursory review 

of the standards. it was observed that some of the draft standards are either inconsistent with 

or directly contrary to existing FRA regulations (e.g., fall arrest equipment required for 

bridges with heights greater than 4 feet in Section 5.1.36.3 of the draft "Standard Practice for 

Safety Requirements for Railroad Construction, Maintenance, and Demolition," versus the 

dimensions described by existing Federal regulations at Title 49 Code of Federal Regulations 

(CFR) Part 214). While railroads and contractors are often free to impose more stringent 

requirements than those established by FRA, the proposed ASTM standards that are 

inconsistent with Federal regulations would not be acceptable to FRA. Finally, several of the 

draft provisions are directly contrary to existing methods of operation by a number of 

railroads. FRA suggests that thorough consultation with appropriate railroad industry 

representatives and stakeholders be conducted prior to consideration of any of the draft 

standards. 

Please clarify Section 5.1.20.2 of the draft "Standard Practice for Safety Requirements for 

Railroad Construction, Maintenance, and Demolition" states that "[a] car shall not be run 
2 

over a derail left in the non-derailing position." As FRA interprets this draft standard, rolling 

equipment could then never travel over a track equipped with a derail, even if the derail was 

in the non-derailing position. This is obviously contrary to railroad practices and is not 

consistent with 49 CFR Section 218.109 (which allows for movement over derails in the nonderailing position). This draft standard, as written, would propose to eliminate the ability of 

a railroad or contractor to use any track equipped with a derail. 

Provisions contained in the draft standards also appear to be contrary to each other. For 

example, Section 5.1.22.4 of the draft "Standard Practice for Safety Requirements for 

Railroad Construction, Maintenance, and Demolition" states that workers may entrain or 

detrain "on moving flat cars" only when those cars are equipped with handholds of certain 

dimensions. However, the next provision of the draft standard, Section 5.1.22.5, states that 

"entraining or detraining from rolling equipment shall not be done." Section 5.1.22.6 also 

states that Igletting on or off moving track units or other work equipment shall not be 

done. 

FRA expresses its concern with the draft standards and objects to any of the draft standards 

contained in the two documents that are contrary to or inconsistent with existing Federal 

railroad safety statutes or regulations. FRA also objects to the adoption of any standard 

where thorough consultation with all interested parties is not undertaken. If you have any 

questions or concerns, please contact Mr. Douglas Taylor, Operating Practices Staff Director, 

at (202) 493-6004. 

Sincerely, 

J 

Associate Administrator for Railtjd Safety/Chief 

Safety Officer 

cc: Mr. Kevin Shanahan, ASTM