[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Rules and Regulations]
[Pages 49556-49557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24243]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 233, 235 and 236

[FRA Docket No. RSSI-1; Notice No. 2]
RIN 2130--AB06; 2130--AB05


Signal and Train Control; Miscellaneous Amendments

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

ACTION: Final Rule.

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SUMMARY: On May 30, 1996, FRA, by issuing an Interim Final Rule, 
amended FRA's signal system reporting requirements to reduce signal 
system reporting burdens on the rail industry. At that time FRA also 
amended its regulations governing applications for approval of 
discontinuance or material modification of a signal system and also 
consolidated certain pneumatic valve cleaning and testing intervals to 
eliminate overlapping and unnecessary test schedules. This document 
discusses comments received in response to the notice of Interim Final 
Rule and adopts the Interim Final Rule as a permanent final rule.

EFFECTIVE DATE: This regulation is effective September 28, 2001.

FOR FURTHER INFORMATION CONTACT: William Goodman, Staff Director, 
Signal and Train Control, Office of Safety, FRA, 400 Seventh Street, 
SW., Washington, DC 20590 (telephone 202-493-6325), or Mark Tessler, 
Office of Chief Counsel, FRA, 400 Seventh Street, SW., Washington, DC 
20590 (telephone 202-493-6061).

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 1996, FRA published an Interim Final Rule (61 FR 33871) 
in which the agency made minor changes in reporting requirements. FRA 
solicited comments on the interim final rule and stated that those 
comments would be considered in determining whether there would be a 
need to take further action to improve these regulations.
    FRA received comments from three parties: the Brotherhood of 
Railroad Signalmen (BRS), Association of American Railroads (AAR); and 
Consolidated Rail Corporation (Conrail). All commenters were in general 
agreement that the regulatory changes were beneficial, however they 
provided various comments regarding certain provisions.

Section By Section Analysis

Section 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 concluded that the 
signal system information base could be maintained while at the same 
time the reporting burden imposed on railroads could be reduced. FRA 
concluded that the information provided by this report does not need to 
be updated annually. FRA therefore amended this section to provide for 
filing of signal system reports every five years rather than on an 
annual basis, as was previously required. This more realistic time 
frame will reduce the reporting burden to the industry while 
maintaining an adequate information base. FRA also revised the 
information to be reported in order to reflect technological changes 
and FRA information needs. There was no opposition to this section.

Section 235.7  Changes Not Requiring Filing of Application

    Section 235.7 specifies those modifications to railroad signal 
systems that can be made by a railroad without the necessity of filing 
an application for FRA approval. 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 added to this 
list of changes not requiring pre-approval from FRA 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. In addition, the amendment requires the 
railroad to also 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 AAR, while it ``appreciates any efforts by government to reduce 
reporting burdens on railroads,'' questioned the wisdom of being 
required to provide a copy of the advance notice to representatives of 
employees responsible for maintenance, inspection and testing of the 
signal system. The industry trade association stated, ``since the union 
is only one of the several stakeholders in the signal system 
partnership, AAR questions the appropriateness of its being singled out 
for special treatment by FRA in the rule.''
    FRA notes that no other stakeholder objected to this provision, nor 
did the AAR suggest that any specific stakeholder receive such notices. 
Signal maintainers on the line of railroad planning such work are in a 
perhaps unique position, with a valuable perspective to offer regarding 
the signal changes. Their involvement in signal

[[Page 49557]]

modification and discontinuance proceedings in the past has provided 
valuable insight to FRA--insights that FRA is not willing to lose in 
its effort to ease reporting burdens on railroads.
    Conrail expressed the opinion that the changes to this section do 
not go far enough. Conrail states that: ``[p]ole line carrying signal 
control circuits can be replaced by a number of systems to carry vital 
signal information between locations. Such systems in use and being 
installed on Conrail today include: electronic track circuits carrying 
encoded information, conventional AC or DC coded track circuits, 
underground buried cable, and polar track circuits * * *.'' Conrail 
therefore asked that FRA amend the rule to provide relief from filing 
an application to re-space signals when open wire signal pole line is 
replaced with the noted systems, including ``future technologies 
performing the same function.'' FRA notes that the rule changes will 
not necessarily prevent railroad use of other systems to replace pole 
line, however, such replacement will continue to require FRA review and 
approval. FRA will continue to review the use of other systems and new 
technologies as they develop, and will amend its procedures when it can 
be assured that use of other systems can be implemented safely without 
the necessity of FRA review. Therefore, FRA is making no change to the 
rule.

Section 236.590  Pneumatic apparatus.

    FRA amended 49 CFR 236.590 to provide that the inspection and 
cleaning time interval requirements for pneumatic apparatus (automatic 
train stop, automatic train control or automatic cab signal pneumatic 
apparatus) be governed by the air brake testing intervals established 
in 49 CFR 229.29 rather than the requirements of this section that 
required that inspection and cleaning at least once every 736 days. 
Although section 229.29 also requires 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. By 
conforming the requirements of section 236.590 to those of 49 CFR 
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 locomotive.
    In addition to the above changes, FRA also provided ``out of 
service'' credit that is applied to air brake systems under 49 CFR 
229.33 to train control systems under 49 CFR 235.590. 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 must be 
tested in accordance with Sec. 236.588 prior to the locomotive being 
placed in service. This further conforms the two sets of testing and 
maintenance requirements. All commenters supported this provision.

Executive Order 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 (42 U.S.C. 4321 et seq.) and related 
directives. FRA has determined that this final rule is not a major FRA 
action requiring the preparation of an environmental impact statement 
or environmental assessment.

Federalism

    FRA believes it is in compliance with Executive Order 13132. This 
final rule will not have a substantial effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. This final rule will not have federalism implications that 
impose substantial direct compliance costs on State and local 
governments.

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 amendment of Parts 233, 235 and 236 of Title 49 of the CFR 
does not constitute a major FRA action requiring an environmental 
assessment.

List of Subjects

49 CFR Part 233

    Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 235

    Administrative practice and procedure, Railroad safety, Reporting 
and recordkeeping requirements.

49 CFR Part 236

    Railroad safety, Reporting and recordkeeping requirements.

The Rule

    In consideration of the foregoing, the interim final rule amending 
49 CFR parts 233, 235, and 236 which was published at 61 FR 33871 on 
July 1, 1996, is adopted as a final rule without change.

    Issued in Washington, DC on September 19, 2001.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 01-24243 Filed 9-27-01; 8:45 am]
BILLING CODE 4910-06-P