Rail Transportation: Federal Railroad Administration's Safety Programs
(Testimony, 05/20/98, GAO/T-RCED-98-178).

Pursuant to a congressional request, GAO discussed operational and
safety trends in the rail industry over the past 20 years and how the
Federal Railroad Administration (FRA) has revised its rail safety
program to address these trends.

GAO noted that: (1) the railroad industry has changed significantly
since the Staggers Rail Act of 1980 made it federal policy that
railroads would rely, where possible, on competition and the demand for
services, rather than on regulation, to establish reasonable rates; (2)
from 1976 to 1998, mergers and acquisitions have significantly reduced
the number of class I freight railroads; (3) these larger railroads have
cut costs, increased the tonnage their trains carry, downsized their
workforces, and eliminated, sold, or abandoned thousands of miles of
unprofitable or little-used track; (4) during this same period, overall
railroad safety has improved; (5) reported accident and fatality rates
are down 75 and 36 percent, respectively, from 1976 levels; (6) despite
this progress, each year about 1,000 people die as a result of
grade-crossing accidents and trespassing, at least 9,000 railroad
employees are injured, and thousands of people are evacuated from their
homes because of hazardous materials released during train accidents;
(7) FRA instituted an important shift in its safety program in 1993 to
address safety problems in the rail industry; (8) rather than continuing
to use violations and civil penalties as the primary means to obtain
compliance with railroad safety regulations, FRA decided to emphasize
cooperative partnerships with other federal agencies, railroad
management, labor unions, and the states; (9) the partnering efforts
generally focus on the nation's larger railroads and have resulted in
FRA inspectors' conducting fewer site-specific inspections of the
railroad industry overall; (10) while 1996 and preliminary 1997 data,
the latest data available, show improvements in safety, it is too early
to determine if FRA's new approach will sustain a long-term decline in
accidents and fatalities; and (11) in addition, FRA's new partnering
efforts do not systematically respond to concerns about the level of
workplace injuries for railroad employees and about the safety of
railroad bridges.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  T-RCED-98-178
     TITLE:  Rail Transportation: Federal Railroad Administration's 
             Safety Programs
      DATE:  05/20/98
   SUBJECT:  Railroad industry
             Railroad safety
             Safety regulation
             Inspection
             Railroad accidents
             Railroad transportation operations
             Interagency relations
             Federal/state relations
             Equipment maintenance
             Occupational safety
IDENTIFIER:  FRA Safety Assurance and Compliance Program
             
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Cover
================================================================ COVER


Before the Subcommittee on Railroads,
Committee on Transportation and Infrastructure,
House of Representatives

For Release
on Delivery
Expected at
10 a.m.  EDT
Wednesday
May 20, 1998

RAIL TRANSPORTATION - FEDERAL
RAILROAD ADMINISTRATION'S SAFETY
PROGRAMS

Statement of Phyllis F.  Scheinberg,
Associate Director, Transportation Issues,
Resources, Community, and Economic
Development Division

GAO/T-RCED-98-178

GAO/RCED-98-178T


(348089)


Abbreviations
=============================================================== ABBREV

  FRA -
  CSX -
  DOT -
  SACP -
  OSHA -

============================================================ Chapter 0

Mr.  Chairman and Members of the Subcommittee: 

We appreciate the opportunity to testify on rail safety as the
Subcommittee considers legislation to reauthorize rail safety
programs.  The increased concentration of larger railroads, as well
as the service problems occurring in the western half of the United
States, have heightened concern about the safety of freight
railroads.  In July 1997, we reported on operational and safety
trends in the rail industry over the past 20 years and how the
Federal Railroad Administration (FRA) has revised its rail safety
program to address these trends.\1 Currently, there are 10 class I
railroads--the nation's largest railroads--Amtrak and 9 freight
railroads.  Because of data limitations, our report provided
information on safety trends for the entire railroad industry--not
just the largest railroads--and operational trends for class I
freight railroads.  In summary, we found the following: 

  -- The railroad industry has changed significantly since the
     Staggers Rail Act of 1980 made it federal policy that railroads
     would rely, where possible, on competition and the demand for
     services rather than on regulation to establish reasonable
     rates.  From 1976 to 1998, mergers and acquisitions have
     significantly reduced the number of class I freight railroads. 
     These larger railroads have cut costs, increased the tonnage
     their trains carry, downsized their workforce, and eliminated,
     sold, or abandoned thousands of miles of unprofitable or
     little-used track.  During this same period, overall railroad
     safety has improved.  Reported accident and fatality rates are
     down 75 and 36 percent, respectively, from 1976 levels.  Despite
     this progress, each year about 1,000 people die as a result of
     grade-crossing accidents and trespassing, at least 9,000
     railroad employees are injured, and thousands of people are
     evacuated from their homes because of hazardous materials
     released during train accidents. 

  -- FRA instituted an important shift in its safety program in 1993
     to address safety problems in the rail industry.  Rather than
     continuing to use violations and civil penalties as the primary
     means to obtain compliance with railroad safety regulations, FRA
     decided to emphasize cooperative partnerships with other federal
     agencies, railroad management, labor unions, and the states. 
     The partnering efforts generally focus on the nation's larger
     railroads and have resulted in FRA inspectors' conducting fewer
     site-specific inspections of the railroad industry overall. 
     While 1996 and preliminary 1997 data, the latest data available,
     show improvements in safety, it is too early to determine if
     FRA's new approach will sustain a long-term decline in accidents
     and fatalities.  In addition, FRA's new partnering efforts do
     not systematically respond to concerns about the level of
     workplace injuries for railroad employees and about the safety
     of railroad bridges. 


--------------------
\1 Rail Transportation:  Federal Railroad Administration's New
Approach to Railroad Safety (GAO/RCED-97-142, July 23, 1997). 


   BACKGROUND
---------------------------------------------------------- Chapter 0:1

FRA enforces federal railroad safety statutes under a delegation of
authority from the Secretary of Transportation.  FRA's mission is to
protect railroad employees and the public by ensuring the safe
operation of freight and passenger trains.  FRA has three major
safety-related activities:  (1) administering safety statutes,
regulations, and programs, including the development and promulgation
of standards and procedures, technical training, administration of
postaccident and random testing of railroad employees, and management
of rail-highway grade-crossing projects; (2) conducting research on
railroad safety and national transportation policy; and (3) enforcing
federal safety statutes, regulations, and standards by inspecting
railroad track, equipment, signals, and railroad operating practices. 
FRA also enforces the provisions of the Hazardous Materials
Transportation Act as it applies to rail. 


   FREIGHT RAILROAD OPERATIONAL
   AND SAFETY TRENDS
---------------------------------------------------------- Chapter 0:2

The Staggers Rail Act of 1980 prompted many changes in the
composition and operations of the freight industry.  The act provided
the railroads with greater flexibility to negotiate freight rates and
respond to market conditions.  It established a federal policy that
freight railroads would rely, where possible, on competition and the
demand for services, rather than on regulation, to establish
reasonable rates.  As a result, the freight railroad industry has
changed substantially over the past 20 years.  Today's freight rail
industry has fewer large railroads; hauls more tonnage over fewer
miles of track; and employs fewer people, locomotives, and railcars. 
Specifically,

  -- Mergers and acquisitions have reduced the number of class I
     railroads from 88 in 1976 to 10 in 1998:  Amtrak and 9 class I
     freight railroads--Burlington Northern and Santa Fe Railway
     Company; Consolidated Rail Corporation (Conrail), CSX
     Transportation; Grand Trunk Western Railroad, Inc.; Illinois
     Central Railroad Company; Kansas City Southern Railway Company;
     Norfolk Southern Corporation; Soo Line Railroad Company; and
     Union Pacific Railroad Company.  The number of large railroads
     could decline further if the Surface Transportation Board
     approves the acquisition of Conrail by CSX Transportation and
     Norfolk Southern Corporation, and Canadian National Railway's
     purchase of Illinois Central Railroad. 

  -- Class I freight railroads are carrying more tonnage over longer
     distances.  In 1996, each train hauled an average of 2,912 tons,
     up from 1,954 tons in 1976, and the average length of the haul
     was 842 miles, up from 564 miles in 1976. 

  -- Class I freight railroad employment declined by 62 percent
     between 1976 and 1996--from 483,000 to 182,000 employees--and is
     forecast to continue to decline over the next 10 years. 

  -- Class I freight railroads have eliminated, abandoned, or sold 42
     percent of their trackage between 1976 and 1996.  According to
     FRA officials, the total rail network is projected to decline
     slightly each year. 

While deregulation and improvements in rail technology have
facilitated operational and economic changes, the level of railroad
safety has also changed over the past 20 years.  In general, railroad
safety has improved--railroad accident and fatality rates are down
from their 1976 levels.  As shown in figure 1, the number of train
accidents declined from 10,248 in 1976 to 2,584 in 1996ï¿½a 75-percent
reduction. 

   Figure 1:  Total Train
   Accidents, All Railroads,
   Calendar Years 1976 Through
   1996

   (See figure in printed
   edition.)

Source:  FRA. 

While the number of accidents declined rapidly prior to 1987,
progress continued at a slower rate from 1987 to 1996.  During this
time, class I freight railroads--which account for most of the
industry's freight revenue and more than three-quarters of its train
miles--had begun to use fewer people and equipment to haul more
tonnage over fewer miles of track.  The number of rail-related
fatalities also declined during this period.  As figure 2 shows,
rail-related fatalities declined from 1,630 in 1976 to 1,039 in
1996--a 36-percent reduction. 

   Figure 2:  Railroad Industry
   Fatalities, Calendar Years 1976
   Through 1996

   (See figure in printed
   edition.)

Source:  GAO's analysis of FRA's data. 

Nonetheless, this progress is tempered by the more than 1,000 deaths
that occur each year on the nation's rail lines.  Nine out of ten
rail-related deaths are the result of either collisions between cars
and trains at highway grade crossings or trespassers killed by trains
while on railroad property. 


   FRA HAS ESTABLISHED THREE KEY
   INITIATIVES TO IMPROVE RAIL
   SAFETY
---------------------------------------------------------- Chapter 0:3

Beginning in 1993, FRA reassessed its safety program to leverage the
agency's resources and establish a cooperative approach that focuses
on results to improve railroad safety.  With rail traffic expected to
continue to grow, FRA anticipated the need for new approaches to
enhance its site-specific inspections.  As a result, FRA formalized
this shift from inspection to collaboration with three initiatives. 
First, in 1994, FRA took the lead responsibility for coordinating the
Department of Transportation's (DOT) multiagency plans to reduce
fatalities at rail-highway crossings.  Second, in 1995, FRA formally
established a Safety Assurance and Compliance Program through which
the agency would work cooperatively with railroad labor and
management to identify and solve the root causes of systemic safety
problems facing the railroads.  Third, in 1996, FRA established the
Railroad Safety Advisory Committee to develop recommendations for the
agency's more complex or contentious rulemakings by seeking consensus
among the affected parties.  While 1996 data and preliminary data for
1997 show improvements in some key indicators, it is still to early
to determine whether FRA's new approach will sustain a long-term
decline in accidents and fatalities. 


      DOT WORKS WITH INDUSTRY AND
      STATES TO IMPROVE
      RAIL-HIGHWAY CROSSING SAFETY
-------------------------------------------------------- Chapter 0:3.1

About 94 percent of railroad fatalities occur as a result of either
collisions between cars and trains at highway grade crossings or
trespassers killed by trains while on railroad property.  In 1994,
FRA took the lead role in DOT's Rail-Highway Crossing Safety Action
Plan--an effort targeting federal, state, and industry actions to
improve rail-highway crossing safety and reduce fatalities among
trespassers.  To successfully implement the plan, FRA is working with
other federal agencies, the states, and the railroads to strengthen
education and research activities; enhance federal, state, and local
enforcement efforts; and increase or preserve federal rail-highway
crossing safety funds.  In 1994, DOT established a 10-year goal of
reducing the number of rail-highway grade-crossing accidents and
fatalities by 50 percent. 

In 1996, the number of rail-related fatalities declined to 1,039--the
lowest level in 10 years.  (See fig.  2.) FRA attributed the improved
statistics to its safety initiatives, including the rail-highway
crossing program.  Whether the plan contributed to the decline is
uncertain:  Past trends indicate the total number of railroad
fatalities declined by 34 percent from 1976 to 1983 (from 1,630 to
1,073) but then fluctuated within a range of 1,036 and 1,324 deaths
between 1983 and 1996.  While preliminary data for 1997 show a
continued downward trend for accidents, fatalities were projected to
increase from 1,039 in 1996 to 1,048 in 1997. 


      SAFETY ASSURANCE AND
      COMPLIANCE PROGRAM SEEKS
      VOLUNTARY COOPERATION OF
      RAILROAD MANAGEMENT AND
      LABOR
-------------------------------------------------------- Chapter 0:3.2

In 1994, FRA began the Safety Assurance and Compliance Program (SACP)
with the Chicago and Northwestern Railroad and Southern Pacific
Railroad.  FRA initiated the program in response to a period of
little decline in accident statistics, the belief that a continuation
of existing approaches would not produce any further declines, and
President Clinton's directive to federal regulatory agencies that
their inspection and enforcement programs be designed to achieve
results, not punishment. 

As of April 1998, FRA had conducted initial SACP meetings with senior
management at 55 railroads and planned to initiate SACPs at
approximately 12 additional smaller railroads by the end of fiscal
year 1998.\2 FRA does not plan to conduct SACP assessments of all of
the more than 600 railroads in the United States.  Instead, FRA
inspectors are expected to look for systemic problems at smaller
railroads through FRA's traditional site-specific inspections.  FRA
cites improvements in safety statistics since 1993 as evidence that
SACP is improving safety throughout the nation's railroad system. 
From 1993 through 1996, rail-related fatalities declined by 19
percent, employee injuries declined by about 40 percent, and train
accidents declined by 7 percent. 

However, accidents involving Union Pacific and CSX trains during 1997
have raised questions about the effectiveness of FRA's SACP.  Despite
FRA's intensive safety reviews of both of these railroads during 1995
and 1996, the railroads had 10 accidents and collisions in the summer
of 1997 that resulted in eight deaths.  In response, FRA sent teams
of 75 to 80 inspectors to each railroad to document safety problems
and ensure that the railroads had addressed problems found in earlier
reviews.  FRA found a number of safety deficiencies at both railroads
and made several recommendations targeted to improving railroad
operations.  For example,

  -- FRA found that Union Pacific supervisors' workloads prevented
     them from effectively monitoring and evaluating their employees'
     performance and recommended that Union Pacific provide affected
     employees with additional training to ensure compliance with
     safety regulations;

  -- FRA's review of CSX revealed inadequate track maintenance and
     recommended that CSX evaluate its staffing levels and hire
     additional employees where needed. 

FRA plans to continue to monitor each railroad's progress. 


--------------------
\2 The SACP process consists of four elements:  a safety profile,
senior management meetings, a safety action plan, and a safety audit. 


      IT IS PREMATURE TO ASSESS
      RESULTS FROM ACTIONS OF
      FRA'S RAILROAD SAFETY
      ADVISORY COMMITTEE
-------------------------------------------------------- Chapter 0:3.3

In March 1996, FRA established a Railroad Safety Advisory Committee
consisting of representatives from railroad management, labor unions,
and others to provide FRA with recommendations on important rail
safety issues through a consensus-based process.  According to FRA,
it uses the Advisory Committee to obtain the views of those most
affected by regulatory decisions, improve the quality of rules,
reduce the time required to complete them, and reduce the likelihood
of litigation after they are promulgated.  However, the committee's
participation supplements rather than eliminates required steps in
the rulemaking process. 

Since the inception of the Advisory Committee, the FRA Administrator
has referred 14 rulemaking tasks to it.\3 (See app.  I.) Several of
the tasks referred to the committee concern complex or controversial
matters that FRA had been working on for several years.  For example,
FRA had been working on the Locomotive Crashworthiness, Track Safety,
Railroad Communication, and Freight Power Brake rules for 4 years
before referring them to the Advisory Committee.  In two cases, FRA
had missed the statutorily mandated issuance date.\4 FRA has not yet
issued any final rules developed by the committee. 


--------------------
\3 In April 1996, FRA referred the revisions of freight brake
standards to the Advisory Committee.  Because of a stalemate in
negotiations, FRA withdrew the task from the committee in June 1997. 

\4 FRA was required to issue a final rule or report on locomotive
crashworthiness and cab working conditions by March 1995.  FRA issued
a report in September 1996. 


   GAPS IN FRA'S NEW PARTNERING
   APPROACH
---------------------------------------------------------- Chapter 0:4

The collaborative approach that FRA has adopted for obtaining
voluntary compliance with railroad safety rules has shifted some of
FRA's resources away from site-specific inspections, which have
historically served as FRA's primary means of ensuring compliance
with safety regulations.  This shift is most evident in the
23-percent decline in the number of inspections conducted between
1994 and 1997.\5 In addition, the agency's partnering or inspection
efforts do not systematically address improving the workplace safety
of railroad employees and ensuring that railroad bridges receive
inspection oversight that is comparable to other railroad areas.  FRA
has chosen not to issue regulations addressing many workplace safety
issues, although illnesses and injuries to railroad employees
accounted for most of the 12,558 rail-related injuries and illnesses
that occurred in 1996.  In addition, FRA's 1995 decision not to
promulgate bridge safety regulations requires FRA personnel to rely
primarily on the railroads' voluntary correction of bridge safety
problems. 


--------------------
\5 According to an FRA official, 1997 inspection data are
preliminary. 


      INSPECTION EFFORTS HAVE
      CHANGED UNDER THE PARTNERING
      APPROACH
-------------------------------------------------------- Chapter 0:4.1

FRA's efforts to increase cooperation with the railroad industry add
new responsibilities for its 270 inspectors.  Nearly all inspectors
participate in SACP by conducting formal discussions with labor,
participating in senior management meetings, or focusing on
SACP-related issues when conducting routine site-specific
inspections.  In addition, inspectors participate in the Advisory
Committee's working groups and task forces. 

As a result of their additional responsibilities, FRA inspectors have
been conducting fewer site-specific inspections.  These inspections
have served an important oversight function.  After increasing
slightly between 1985 and 1992, the number of inspections conducted
by FRA began to decline in 1993 and declined further by 1997.  The
number of inspections conducted in 1997 (52,742) was 23 percent below
the 68,715 inspections conducted in 1994.  This lower number of
inspections reflects the fact that a greater number of railroads have
not received inspections, and inspectors conduct fewer reviews of the
railroads' own inspection efforts. 


      FRA DOES NOT SYSTEMATICALLY
      OVERSEE WORKPLACE AND BRIDGE
      SAFETY
-------------------------------------------------------- Chapter 0:4.2

The number of rail-related injuries and illnesses has declined from
65,331 in 1976 to 12,558 in 1996.  As figure 3 shows, most of these
injuries and illnesses involved railroad employees.\6 Preliminary
data for 1997 show a continued decline, with rail-related injuries
and illnesses decreasing to 11,540.  Railroads must report injuries
that require medical treatment or result in work restrictions and
lost work days. 

   Figure 3:  Injuries and
   Illnesses by Type of Person and
   Occurrence, Calendar Years 1979
   Through 1996

   (See figure in printed
   edition.)

Source:  GAO's analysis of FRA's data. 

Efforts to reduce injuries to workers must rely on the combined
efforts of FRA and the Occupational Safety and Health Administration
(OSHA).\7 FRA generally oversees workplace safety issues intrinsic to
railroad operations, while OSHA is responsible for issues that would
be associated with any industrial workplace.  However, FRA's and
OSHA's presence on railroad property varies greatly.  For example, in
1997, FRA conducted over 52,000 inspections of track, railroad
equipment, and operating practices related to train operations.  In
contrast, OSHA inspectors normally visit railroad properties only in
response to an employee or union complaint about working conditions
or when investigating a workplace accident that resulted in the
injury of three or more employees. 

FRA inspectors have no authority to cite railroads for workplace
safety problems that fall under OSHA's jurisdiction.  However, if FRA
inspectors observe unsafe work practices, such as an employee welding
without proper eye protection, they can point out the problem to
railroad supervisory personnel for voluntary compliance.  Labor
representatives expressed concern that because of OSHA's limited
resources, certain workplace safety and health issues are not
adequately addressed under the split responsibility. 

FRA relies on the voluntary cooperation of the railroads, rather than
regulations, to ensure the structural integrity of the nation's
100,700 railroad bridges.  A 1995 FRA policy statement provides
railroads with advisory guidelines to use in implementing their own
bridge inspection programs.  FRA expects its track inspectors to
observe structural problems on bridges as they perform their routine
inspections and seek cooperative resolutions with the railroad.  FRA
states that the railroads have generally taken corrective action in
response to inspectors' observations.  However, unlike safety
problems with track, signals, or equipment, for which inspectors can
cite defects or recommend violations, inspectors have no such
discretion when dealing with potentially serious bridge problems. 
Their only recourse is to close the bridge if conditions present an
imminent hazard of death or personal injury.\8

FRA officials said that developing railroad bridge regulations will
dilute the agency's capacity to address issues that the agency
believes are more important.  While railroad management agrees with
FRA's policy that regulations are not needed, railroad labor
officials disagree and note that bridge safety is equally as
important as track safety, for which FRA has promulgated regulations. 


--------------------
\6 Data on injuries and illnesses by type of person and occurrence
were available only for calendar years 1979 through 1996. 

\7 The Occupational Safety and Health Act of 1970 gave the Secretary
of Labor responsibility for promulgating and enforcing occupational
safety and health standards.  Section 4(b)(1) provides that the act
does not apply to working conditions where another federal agency
exercises statutory authority to prescribe or enforce standards or
regulations affecting occupational safety or health.  The Federal
Railroad Safety Act of 1970 allows the Secretary of Transportation to
develop regulations that parallel standards under the Occupational
Safety and Health Act and preempt the Secretary of Labor from
enforcing such standards in the railroad industry. 

\8 As indicated in the 1995 policy statement, FRA maintains the
authority to issue emergency, compliance, and disqualification
orders, as well as the authority to seek injunctive relief in federal
district court. 


-------------------------------------------------------- Chapter 0:4.3

In our July 1997 report, we recommended that FRA use injury data
collected under recently revised reporting requirements to consider
developing regulations to address workplace safety and use
appropriate mechanisms, including SACP, to ensure that findings of
potential structural problems on bridges are properly addressed by
the bridges' owners.  In response, FRA agreed to issue new employee
workplace rules when railroad operations are involved if the
railroads' voluntary corrective measures are not effective.  In
addition, FRA concurred with our recommendation regarding structural
bridge safety problems but said it will continue to pursue
nonregulatory guidance and monitoring to ensure the safety and
integrity of bridges. 

Mr.  Chairman, this concludes my testimony.  I would be happy to
respond to any questions that you or Members of the Subcommittee may
have. 


THE FEDERAL RAILROAD
ADMINISTRATION'S RULEMAKING
ACTIONS ASSIGNED TO THE ADVISORY
COMMITTEE
=========================================================== Appendix I

                                                                     Date rule was tasked
                         Source of decision                          to the advisory
Title                    to regulate           Legal deadline        committee
-----------------------  --------------------  --------------------  --------------------
Rulemaking actions mandated by statute
-----------------------------------------------------------------------------------------
Freight Power Brakes     Rail Safety           Final, 12/31/93       4/1/96
                         Enforcement and                             6/24/97 -Withdrawn
                         Review Act -9/3/92                          from Advisory
                                                                     Committee

Locomotive Cab Working   Rail Safety           Final rule or         10/31/96\a
Conditions               Enforcement and       report, 3/3/95
                         Review Act -9/3/92

Locomotive               Rail Safety           Final rule or         10/31/96\a
Crashworthiness          Enforcement and       report, 3/3/95
                         Review Act -9/3/92

Track Safety Standards   Rail Safety           Final, 9/1/95         4/1/96\b
                         Enforcement and
                         Review Act -9/3/92

Railroad Communications  Rail Safety           None                  4/1/96\d
                         Enforcement and
                         Review Act -9/3/
                         92\c


Other rulemaking actions
-----------------------------------------------------------------------------------------
Positive Train Control   FRA initiative        None                  9/30/97
Technologies,
Definitions, and
Capabilities

Positive Train Control   FRA initiative        None                  9/30/97
-Remaining Issues

Event Recorder Data      FRA initiative        None                  6/24/97
Survivability Standards

Standards for New Train  FRA initiative        None                  9/30/97
Control Systems

Definition of            FRA initiative        None                  9/30/97
Reportable "Train
Accident"

Tourist and Historic     FRA initiative,       None                  4/2/96
Railroad Regulatory      Regulatory
Review                   Flexibility Act\e

Qualification and        Petition to           None                  10/31/96
Certification of         reconsider aspects
Locomotive Engineers     of an existing rule

Reinvention of Steam     Reinventing           None                  7/24/96
Locomotive Inspection    government effort
Regulations

Track Motor Vehicle and  Petition to develop   None                  10/31/96
Roadway Equipment        a rule
Safety
-----------------------------------------------------------------------------------------
\a The Rail Safety Enforcement and Review Act required FRA to
complete a rulemaking proceeding to consider prescribing regulations
pertaining to locomotive working conditions and crashworthiness
within 30 months of enactment.  The act required FRA to report to the
Congress if it decided, on the basis of the rulemaking proceeding,
not to prescribe regulations.  FRA reported the results of its
investigation to the Congress in September 1996 and referred the
matter of locomotive working conditions and crashworthiness to the
Advisory Committee.  Subsequently, FRA separated the issue of
locomotive crashworthiness from the original proposal.  As a result,
two tasks (one on working conditions and another on crashworthiness)
have been assigned to the Advisory Committee. 

\b The Advisory Committee voted to recommend a proposal to the FRA
Administrator in November 1996.  FRA published a Notice of Proposed
Rulemaking on July 3, 1997 and the initial comment period ended on
September 15, 1997.  FRA issued a Notice of Proposed Rulemaking
requesting additional comments on December 12, 1997. 

\c The Rail Safety Enforcement and Review Act required a safety
inquiry regarding railroad radio standards and procedures, and FRA
committed to revise its rules on the basis of this study. 

\d The Advisory Committee voted to recommend a proposal to the FRA
Administrator in April 1997.  FRA published a Notice of Proposed
Rulemaking on June 26, 1997, and the comment period ended on August
25, 1997. 

\e Under the Regulatory Flexibility Act, agencies periodically review
existing and proposed regulations that have or will have a
significant economic impact on a substantial number of small
entities.  The Advisory Committee will review existing and proposed
regulations for their appropriate applicability to tourist and
historic railroads. 

Source:  GAO's analysis. 


*** End of document. ***