Safety Advisory 2007-02, 3907-3911 [E7-1126]
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3. Are alternative approaches (i.e.,
public information and education
programs, increased speed enforcement,
driver licensing programs) available,
and if implemented, have these
alternative approaches improved
highway speed limit compliance? Have
these alternatives reduced the number
or severity of truck crash events?
4. ATA stated in its petition that ‘‘it
is impossible to determine the actual
number of potential crashes that might
be avoided by limiting top truck speed
to 68 mph.’’ The ATA further stated that
‘‘reasonable assumptions can be made to
show that the number of crashes that
could be avoided is significant.’’ What
assumptions can be made to estimate
the number of potential crashes that
might be avoided or mitigated by
limiting truck speeds to 68 mph?
5. What impact will limiting truck
speeds to 68 mph across the U.S. have
on truck crash involvement (number of
crashes, number of fatalities, amount of
property damage, or other crash
parameters)? Are there potential safety
implications regarding the increased
speed differentials between heavy
trucks and light vehicles using the same
roadways?
6. The ATA petition stated that
limiting the speed of trucks to 68 mph
may have a small negative impact on
driver’s wages in the ‘‘long-haul truck
load sector.’’ What is the anticipated
‘‘long-haul truck load sector’’ driver
wage impact associated with limiting
the speed of trucks to 68 mph and the
wage impact for drivers in other sectors
of the truck transportation industry?
What vehicle operating cost impact
would a truck speed limit of 68 mph
have on companies in the truck
transportation industry? The Road Safe
America petition contained a proposal
that speed limiters be retrofitted on all
trucks manufactured after 1990. What
are the cost and practicability
implications of retrofitting these
devices?
7. In the European Union (EU), heavy
trucks with a GVWR over 26,000
pounds are regulated with speed
limiting devices and limited to 90 km/
h (56 mph). Are there any available data
or analyses of the European experience
regarding the use of speed limiting
devices on trucks and their effectiveness
in reducing crashes?
8. The ATA petition stated that the
enforcement costs of the 68 mph speed
limit for trucks could be minimized by
using an enforcement system with
several features. ATA recommended use
of the Safety Status Measurement
System (SafeStat) to identify trucking
companies with speed limit violations.
SafeStat is an automated analysis
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system developed for FMCSA which
combines current and historical safety
performance data to measure the
relative safety fitness of interstate
commercial motor carriers. The ATA
also recommended that compliance
reviews (CR) be used to ensure that
companies have a maintenance program
for the speed controllers, that a test for
maximum vehicle speed be added to 49
CFR Part 396, that penalties for
tampering with the speed control
devices be high, and that drivers be
required to report any problems with
the speed control device during a posttrip vehicle inspection report. What
would be the vehicle operating costs
associated with maintenance of the
speed limiting devices? What would be
the cost of identifying companies with
speeding truck drivers through SafeStat,
CR, or some other vehicle monitoring
system?
9. The ATA and Road Safe America
petitions request that the top speed of
trucks with a GVWR of greater than
26,000 pounds be limited to not more
than 68 mph. Under the definitions in
49 CFR Part 390.5, a truck is defined as
‘‘any self-propelled commercial motor
vehicle except a truck tractor, designed
and/or used for the transportation of
property.’’ This definition does not
include motor coaches, and neither of
the petitions addresses the potential
applicability of the proposed
requirements for speed limiters on
motor coaches. However, motor coaches
are considered CMVs under the
definitions in 49 CFR Part 390.5, and
the majority of motor coaches exceed
the 26,000-pound GVWR threshold
proposed in the petitions. Should the
proposed amendments to require speed
limiters on trucks with a GVWR of
greater than 26,000 pounds be extended
to apply also to motor coaches? Do any
existing motor coaches utilize speedlimiting devices/technology in current
operations?
Decision To Grant or Deny
If either or both of the petitions for
rulemaking are granted, a rulemaking
proceeding will be initiated in
accordance with the applicable NHTSA
procedures. However, it is emphasized
that the granting of a petition, and the
initiation of a rulemaking, does not
mean that the rule in question will be
issued. The decision to issue a rule will
be made on the basis of all available
data and information gathered in the
course of the rulemaking proceeding,
and an analysis of the public comments
received in response to any rulemaking
notices that may be published in the
Federal Register.
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Authority: NHTSA: 49 U.S.C. 322, 30111,
30115, 30117 and 30166; delegation of
authority at 49 CFR 1.50. Motor Carrier
Safety Improvement Act of 1999, Public Law
106–159, Section 101(f); FMCSA: 49 U.S.C.
31136 and 31502; delegation of authority at
49 CFR 1.73.
Issued on: January 22, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking,
NHTSA.
Rose A. McMurray,
Chief Safety Officer, FMCSA.
[FR Doc. 07–326 Filed 1–25–07; 8:45 am]
BILLING CODE 4910–59–P; 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Safety Advisory 2007–02
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Safety Advisory;
Specialized Maintenance Equipment.
AGENCY:
SUMMARY: FRA is issuing Safety
Advisory 2007–02 in order to provide
interested parties guidance on the
proper application of existing statutory
and regulatory requirements concerning
self-propelled specialized maintenance
equipment. This document also strongly
recommends that owners and operators
of such equipment properly inspect the
equipment and ensure that properly
qualified individuals are operating and
piloting the equipment while in transit.
FOR FURTHER INFORMATION CONTACT:
Kenneth Rusk, Staff Director, Track
Division (RRS–15), FRA Office of Safety
Assurance and Compliance, 1120
Vermont Avenue NW., Washington, DC
20590, telephone: 202–493–6236;
Ronald Newman, Staff Director, Motive
Power and Equipment Division (RRS–
14), FRA Office of Safety Assurance and
Compliance, 1120 Vermont Avenue
NW., Washington, DC 20590, telephone:
202–493–6241; or Michael Masci, Trial
Attorney, 1120 Vermont Avenue NW.,
Washington, DC 20590, telephone: 202–
493–6037.
SUPPLEMENTARY INFORMATION: On
November 9, 2006, a rail grinder train
owned and operated by Harsco Track
Technologies (Harsco), a rail services
contractor, derailed while in transit
from Sparks, Nevada, to Bakersfield,
California. The grinder train, classified
as maintenance-of-way (MOW)
equipment, was operating in a westward
direction on a 2.2 percent descending
grade on the Union Pacific Railroad
(UP) Roseville Subdivision. Ten of the
13 cars in the train derailed, resulting in
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the deaths of two Harsco employees.
The consist was being operated by a
Harsco operator and a UP pilot
conductor. Neither the operator nor the
pilot had been qualified on the territory
over which the consist was traveling.
FRA’s post-incident investigation has
revealed that numerous serious
mechanical and brake defects also
existed on the equipment in the
involved rail grinder consist.
Presently, FRA is in the process of
performing safety inspections on all
Harsco’s rail-grinding trains and other
similar specialized maintenance
equipment owned by other service
providers to ensure the safe operation of
the equipment. Because many of these
rail-grinding trains differ in design, it is
necessary to inspect each train
individually. Harsco has voluntarily
halted all operation of their rail-grinding
equipment until FRA has completed
these safety inspections. FRA’s Motive
Power & Equipment and Track Divisions
will work closely with the affected
railroads, equipment owners and
operators to expedite these inspections.
Recommended Action: In recognition
of the need to ensure safety, FRA
recommends that owners, operators, and
railroads using specialized maintenance
equipment:
(1) Utilize the interpretative guidance
provided in this document to ensure
that the equipment is properly
inspected and operated;
(2) Ensure that either the operator or
pilot involved in any move of this
equipment is qualified on the territory
over which the equipment will be
traveling; and
(3) Thoroughly inspect the equipment
at the earliest opportunity to ensure that
it is safe to operate and is in compliance
with all regulatory and statutory
requirements.
Failure of industry members to
voluntarily take action consistent with
the above recommendation may result
in FRA pursuing other corrective
measures to enforce public safety under
its rail safety authority. FRA may
modify Safety Advisory 2007–02, issue
additional safety advisories, or take
other appropriate action necessary to
ensure the highest level of safety on the
Nation’s railroads.
Regulatory and Statutory Application
Subsequent to the incident, and based
on FRA’s accident investigation, FRA’s
regional personnel have been
aggressively inspecting other similarly
equipped and operated train sets. FRA’s
findings indicate that there is
uncertainty among some in the
regulated community as to the proper
application of the agency’s regulations
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of specialized maintenance equipment.
Historically, FRA’s method for applying
its regulations and relevant statutes to
this type of equipment has been
consistent. To determine which
regulatory and statutory requirements
apply to specific equipment, FRA has
traditionally looked at the use of the
equipment and the purpose of the
regulation or statute in question.
Due to the unique design and the
hybrid nature of much of this
specialized maintenance equipment,
which will likely continue to evolve and
change, a combination of regulations
and statutes are applicable to ensure
that the equipment is safe to operate.
The regulatory provisions applicable in
some measure to this equipment include
Title 49 Code of Federal Regulations
(CFR) Parts 214, 221, 223, 229, 231, 232,
and 240. In addition, statutory
requirements contained in Title 49
United States Code (U.S.C.) Sections
20701, 20302, and 20303, also apply.
This document is intended to clarify the
application of these regulatory
provisions and statutory requirements
for the benefit of the regulated
community and to notify them of FRA’s
enforcement expectations. FRA believes
that providing clarification will assist
the industry in avoiding similar future
incidents. See Table 1 for a summary of
the application of regulatory and
statutory provisions for specialized
maintenance equipment. Please note
that Table 1 is included as a helpful
summary to the reader, but is not
intended to change or in any way
restrict application of the regulatory or
statutory provisions cited within.
Regulatory Application
Due to the unique design of some selfpropelled specialized maintenance
equipment, it is sometimes difficult to
determine whether the particular
vehicle is a locomotive under FRA’s
various regulatory provisions. Virtually
all of FRA’s regulations contain a
definition of ‘‘locomotive,’’ however,
the definition changes based on the
purpose and scope of the particular
regulation. If specialized maintenance
equipment qualifies as a locomotive,
FRA will enforce its regulations
including testing, inspection,
maintenance, and repair requirements.
The determination as to whether a piece
of equipment or a vehicle qualifies as a
locomotive under a specific regulation
is based on how the equipment is being
used and the specific purpose of that
regulation. Thus, a self-propelled piece
of specialized maintenance equipment
may be considered a locomotive under
one regulatory provision while not
being considered a locomotive under
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another. Likewise, if the equipment
qualifies as a ‘‘dual purpose vehicle,’’
(See 49 CFR Part 240), FRA will enforce
the restrictions placed on those vehicles
by Part 240.
Similarly, if self-propelled
maintenance equipment is used in its
limited on-track maintenance capacity,
the provisions contained in 49 CFR Part
214, Subpart D, apply. However, if selfpropelled maintenance equipment is
used in the same capacity as a
locomotive and is not engaged in an
MOW activity, those regulations
governing locomotives in Part 229 will
apply to the power car. In addition, FRA
will apply any applicable regulations to
the other vehicles in MOW train sets
that are not used to power the train
based on FRA’s determination as to the
type of vehicle they most closely
resemble.
49 CFR Part 214
When being used as on-track roadway
maintenance machines, specialized
maintenance equipment must comply
with 49 CFR Part 214, Subpart D: ‘‘OnTrack Roadway Maintenance Machines
and Hi-Rail Vehicles.’’ This subpart
contains various requirements regarding
the safety equipment required to be on
such machines as well as provisions
related to their design and operation,
which are intended to prevent accidents
and casualties. Section 214.527(a),
which requires an initial inspection of
the equipment, provides in part: ‘‘The
operator of an on-track roadway
maintenance machine shall check the
machine components for compliance
with this subpart, prior to using the
machine at the start of the operator’s
shift.’’ In addition, in-service brake
system failures are addressed in
§ 214.529(a): ‘‘In the event of a total inservice failure of its primary braking
system, an on-track roadway
maintenance machine may be operated
for the remainder of its tour of duty with
the use of a secondary braking system or
by coupling to another machine, if such
operations may be done safely.’’
49 CFR Part 221
Part 221, which addresses the use of
rear end marking devices, contains a
very broad definition of what
constitutes a locomotive. Under
§ 221.5(c), a ‘‘self-propelled unit
designed to carry freight or passenger
traffic’’ is considered a locomotive.
Thus, a self-propelled vehicle designed
to carry freight that is conducting a
railroad operation on main track,
whether coupled to other cars or not, is
required to be equipped with a rear end
marking device prescribed in Part 221.
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49 CFR Part 223
Under Part 223, which addresses
glazing requirements, a locomotive is
defined as ‘‘a self-propelled unit of
equipment designed primarily for
moving other equipment,’’ and does not
include self-propelled passenger cars
(See § 223.5). Thus, the power car in an
integrated rail grinder train would be
considered a locomotive for purposes of
Part 223, because it is designed
primarily to haul the other MOW
equipment in the train set.
Consequently, power cars in these types
of integrated MOW trains would be
required to meet the locomotive glazing
requirements contained in Part 223.
Similarly, a piece of specialized
maintenance equipment designed
primarily to move other equipment
would also be required to meet the Part
223 glazing provisions.
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49 CFR Parts 229 and 232
Part 229 (locomotive standards) and
Part 232 (freight power brakes) contain
similar definitions of ‘‘locomotive.’’
They both exempt ‘‘hi-rail, specialized
maintenance, or other similar
equipment’’ from their requirements. If
equipment is within this category, Parts
229 and 232 would not apply. FRA has
historically construed the exception for
hi-rail and specialized maintenance
equipment very narrowly.
FRA considers the specific use of the
equipment and the purpose of each of
the regulatory provisions when
determining if the exception applies.
Technical Bulletin (TB) 98–71, issued
by FRA in August 1998, illustrates
FRA’s application of Part 229 in this
manner. This TB makes clear that when
specialized maintenance equipment is
used outside its typical MOW function,
it will be considered a locomotive under
Part 229. Thus, if a hi-rail or a piece of
specialized maintenance equipment is
used to haul freight over the railroad
outside of its limited MOW operation or
outside of repair facilities, then it would
be considered a locomotive for purposes
of Part 229. TB 98–71 recognizes that
most specialized maintenance
equipment cannot meet some of the
locomotive safety standards contained
in Part 229. Through its exercise of
enforcement discretion, FRA set out
those provisions of Part 229 that are
applicable to such vehicles when they
are used as traditional locomotives. The
following list identifies those portions
of Part 229 that are applicable to
specialized maintenance equipment
when used as traditional locomotives
outside their typical MOW function:
• Each self-propelled vehicle shall be
inspected each calendar day when used
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and an inspection report and record
shall be completed as described in
§ 229.21;
• Each self-propelled vehicle shall
receive a periodic inspection as
described in § 229.23, and all pertinent
data is to be entered on an F6180.49A
Locomotive Inspection and Repair
Report, which shall be displayed under
a transparent cover in the cab of the
vehicle;
• The vehicle’s air brake equipment
must be cleaned and tested as often as
conditions require, but not less
frequently than required in §§ 229.25,
229.27, and 229.29;
• The main reservoir must comply
with § 229.31 regarding either hammer
and hydrostatic testing or pre-drilling of
the reservoir;
• The vehicle must meet the general
safety requirements of §§ 229.41, 229.43,
and 229.45;
• A fuel line safety cut-off device is
required under § 229.93;
• As required by § 229.117, the
vehicle must have a speed indicator if
it is operated at a speed that exceeds 20
mph;
• Interior cab noise must comply with
§ 229.121;
• Vehicle headlights must be fully
functional and if operated at speeds in
excess of 20 mph over one or more
public highway-rail crossings, must
comply with auxiliary light
requirements § 229.125;
• The vehicle must be equipped with
an audible warning device as required
by § 229.129;
• If operated at speeds in excess of 30
mph while hauling cars, the vehicle
must be equipped with a working event
recorder in compliance with § 229.135;
• Wheel requirements under
§§ 229.73 and 229.75 shall apply; and
• Piston travel requirements, if
vehicle is so equipped, under § 229.55
shall apply.
FRA has historically applied Part 232
to specialized maintenance equipment
when it is being used in the same
manner as a locomotive and is engaged
in a train movement, regardless of
whether the movement is in connection
with MOW service. Thus, FRA’s
application of the exception under Part
232 for ‘‘hi-rail, specialized
maintenance, or other similar
equipment’’ is even more narrow than
its application under Part 229. The
triggering event for coverage of Part 232
is whether the involved equipment is
engaged in a train movement. If so, the
power car (or unit) is considered a
locomotive under Part 232 and the
consist being moved by the power unit
will be considered a train. As with any
train movement, the power unit must be
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equipped with a brake system that
permits the operator to apply and
release the brakes on the cars being
hauled. In addition, FRA requires the
performance of appropriate brake
inspections and tests when such
equipment is engaged in train
movements (such as travel to and from
a work site). The type of brake test to be
performed will depend on the distance
that the train consist will travel (See 49
CFR 232.205 and 232.215). FRA also
requires equipment used in MOW
service to receive appropriate periodic
maintenance and single car tests under
the provisions contained in Subpart D of
Part 232.
49 CFR Part 231
This part governs the placement,
number, and dimensions of safety
appliances on rail equipment. This part
applies to all equipment regardless of
whether it is used in MOW service. If
the piece of equipment falls within one
of the specifically identified car types,
then it would be required to meet the
safety appliance requirements contained
in that section of the regulation.
However, due to the unique design and
purpose of many pieces of equipment
used in MOW service, most equipment
being used in MOW service will be
considered ‘‘cars of special
construction’’ under § 232.18 of this
Part. Under this section, such
equipment would be required to have,
as nearly as possible based on the
design limitations of the vehicle, the
same complement of handholds, sill
steps, ladders, hand brakes, and running
boards as required for a car of the
nearest approximate type.
49 CFR Part 240
This Part governs certification of
locomotive engineers and addresses the
circumstances in which certified
locomotive engineers are required to
operate certain equipment. This Part
contains a definition of ‘‘locomotive’’
that is similar to that contained in Parts
229 and 232. However, the exception in
Part 240 is for ‘‘specialized roadway
maintenance equipment’’ and ‘‘dual
purpose vehicles operating in
accordance with § 240.104(a)(2)’’ (See
§ 240.7). ‘‘Specialized roadway
maintenance equipment’’ is defined in
§ 240.104(a)(1) as roadway maintenance
equipment that does not have the
capability to move railroad rolling stock.
This type of equipment does not require
the use of a certified locomotive
engineer (LE).
‘‘Dual purpose vehicle’’ is defined in
Part 240 as a piece of on-track
equipment that is capable of moving
railroad rolling stock and may also
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function as roadway maintenance
equipment. The use of a dual purpose
vehicle will determine whether it meets
the exception contained in the
definition of ‘‘locomotive.’’ Therefore, a
railroad may be required to use a
certified LE to operate the equipment
under certain circumstances. Dual
purpose vehicles may be considered
locomotives under either Part 229 or
Part 232, depending on the use of the
equipment. However, that
determination is separate from the
determination under Part 240 as to
whether a certified LE is required to
operate the equipment.
Section 240.104(a)(2) sets out three
conditions that must be met in order to
operate a dual purpose vehicle with an
individual who is not a certified
locomotive engineer. These conditions
require that the dual purpose vehicle:
(1) Be operated in conjunction with
roadway maintenance and related MOW
functions, including traveling to and
from the work site; (2) move under the
authority of railroad operating rules
designated for the movement of
roadway maintenance equipment that
ensure the protection of the equipment
from train movements; and (3) be
operated by an individual trained and
qualified in accordance with §§ 214.341,
214.343, 214.355. In the preamble to the
1999 final rule related to Part 240, FRA
discussed the provision permitting the
movement of dual purpose vehicles to
and from a work site (See 64 FR 60969
(November 8, 1999)). FRA noted that
although § 240.104(a)(2) does not place
a limit on the distance or type of track
that a person who is not a certified LE
may operate dual purpose equipment,
the provisions do provide limitations
based on the type of service being
performed. Therefore, when the service
falls outside traditional MOW service, a
certified LE would be required to
operate the equipment.
FRA recognizes that most specialized
maintenance equipment is unique in
both its design and operation, and that
to require a certified LE to operate such
equipment when it is moved from one
work site to another would be
operationally restrictive and potentially
unsafe since in most instances, an LE
certified under Part 240 will not be
familiar with the specific operation of
specialized maintenance equipment.
Thus, safety is better served by
permitting an individual familiar with
the specific piece of equipment to
operate it from one work site to another
with the aid of a pilot, where
appropriate. Although Federal
regulations do not specifically address
the territorial qualifications of either the
operator or any pilot that may be
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utilized when operating a dual purpose
vehicle under the provisions of
§ 240.104(a)(2), FRA believes that safe
railroading dictates that such
individuals should be qualified and
familiar with the territory over which
the equipment will be operated. Thus,
FRA strongly recommends and
encourages the use of individuals that
are qualified on the territory over which
the equipment will be operated when
such equipment is traveling to and from
a work site.
Statutory Application
49 U.S.C. 20701
Section 20701 states that:
[a] railroad carrier may use or allow to be
used a locomotive or tender on its railroad
line only when the locomotive or tender and
its parts and appurtenances—(1) are in
proper condition and safe to operate without
unnecessary danger of personal injury; (2)
have been inspected as required under this
chapter and regulations prescribed by the
Secretary of Transportation under this
chapter; and (3) can withstand every test
prescribed by the Secretary under this
chapter.
Courts have consistently found that
vehicles capable of moving other
equipment are considered to be
locomotives under 49 U.S.C. 20701
when they are used in the same capacity
as a locomotive. This conclusion is
irrespective of the vehicle’s assembly or
appearance, and whether or not it is
engaging in MOW service. Thus, even
when a unit used to power equipment
does not look like a traditional
locomotive (e.g. burro cranes, hi-rail
vehicles, track mobiles), or has been
modified to be an integral component of
a MOW trainset (e.g., power unit of an
integrated rail grinder train, specially
modified locomotive, etc.), such
equipment is considered to be a
locomotive and must therefore comply
with the statutory requirements
contained in § 20701 .
In situations where this specialized
maintenance equipment is determined
to be excluded from the specific
coverage of FRA’s regulations but is
being used as a locomotive, FRA
directly applies the statutory
requirements of § 20701. In these
situations, the safety rationale
supporting the regulatory requirements
contained in 49 CFR parts 229 and 214
that concern locomotives and roadway
maintenance machines, may be relevant
because the equipment is being used in
a similar manner. Accordingly, when
enforcing this statutory provision, FRA
will utilize the requirements contained
in 49 CFR parts 229 and 214 as guidance
in determining whether the involved
equipment is safe to operate. This
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approach was specifically identified
when FRA issued the Locomotive Safety
Standards, and has been applied in this
manner since that time. The March 1980
preamble to the final rule on
Locomotive Safety Standards states that
statutory provisions are applicable to
specialized maintenance equipment
(See 45 FR 21093 (March 31, 1980)). The
preamble discusses enforcement of the
statutory provision via issuance of a
Special Notice for Repair. Historically,
FRA has also enforced this provision by
assessing civil penalties directly under
the statutory provision when serious
noncompliance is discovered. FRA
intends to continue this practice.
49 U.S.C. 20302 and 20303
Sections 20302 and 20303 of Title 49
of the U.S.C. contain specific
requirements related to safety
appliances on all vehicles used by a
railroad. Section 20302(a)(4) requires
that a locomotive (including a power car
in a MOW train set) be equipped with
a power-driving wheel brake and
appliances for operating the train-brake
system. Section 20302(a)(5) requires that
the vehicles in a train be equipped with
power brakes and that all the vehicles
on an associated train line be equipped
with power brakes, as per 20302(a)(5).
In addition, Section 20302(a)(1) requires
that vehicles be equipped with efficient
hand brakes, sill steps, automatic
couplers, and other safety appliances
that ensure the safety of employees as
they mount and dismount equipment.
Section 20303 restricts the use and
movement of vehicles with defective or
inoperative safety appliances. This
section only permits the movement of a
vehicle with defective safety appliances
to the nearest available place where the
necessary repairs can be performed.
Guidelines for determining locations
where necessary repairs can be
performed can be found in 49 CFR
232.15(f). The guidance provided in the
Federal regulations related to freight
power brakes is based on the
voluminous case law related to the
court’s historical application of the
statutory mandate. For a complete
discussion of this guidance, interested
parties are encouraged to read the
preamble to the final rule related to Part
232 (See 66 FR 4125–29, 4152–53
(January 21, 2001)). Sections 20302 and
20303 address all vehicles used on rail
lines and are directly applicable to
MOW equipment. Civil penalty
violations have been and will continue
to be issued directly under these
sections when appropriate.
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Issued in Washington, DC on January 22,
2007.
Jo Strang,
Associate Administrator for Safety.
[FR Doc. E7–1126 Filed 1–25–07; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2007–26995]
Notice of Receipt of Petition for
Decision That Nonconforming 1996
BMW K75 Motorcycles Are Eligible for
Importation
National Highway Traffic
Safety Administration, DOT.
ACTION: Notice of receipt of petition for
decision that nonconforming 1996 BMW
K75 motorcycles are eligible for
importation.
AGENCY:
SUMMARY: This document announces
receipt by the National Highway Traffic
Safety Administration (NHTSA) of a
petition for a decision that 1996 BMW
K75 motorcycles that were not
originally manufactured to comply with
all applicable Federal motor vehicle
safety standards (FMVSS) are eligible
for importation into the United States
because they have safety features that
comply with, or are capable of being
altered to comply with, all such
standards.
The closing date for comments
on the petition is 30 days after
publication in the Federal Register.
ADDRESSES: Comments should refer to
the docket number and notice number,
and be submitted to: Docket
Management, Room PL–401, 400
Seventh St., SW., Washington, DC
20590. [Docket hours are from 9 am to
5 pm.] Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Coleman Sachs, Office of Vehicle Safety
Compliance, NHTSA (202–366–3151).
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with NOTICES
DATES:
Background
Under 49 U.S.C. 30141(a)(1)(B), a
motor vehicle that was not originally
VerDate Aug<31>2005
17:19 Jan 25, 2007
Jkt 211001
manufactured to conform to all
applicable FMVSS, and has no
substantially similar U.S.-certified
counterpart, shall be refused admission
into the United States unless NHTSA
has decided that the motor vehicle has
safety features that comply with, or are
capable of being altered to comply with,
all applicable FMVSS based on
destructive test data or such other
evidence as NHTSA decides to be
adequate.
Petitions for eligibility decisions may
be submitted by either manufacturers or
importers who have registered with
NHTSA pursuant to 49 CFR Part 592. As
specified in 49 CFR 593.7, NHTSA
publishes notice in the Federal Register
of each petition that it receives, and
affords interested persons an
opportunity to comment on the petition.
At the close of the comment period,
NHTSA decides, on the basis of the
petition and any comments that it has
received, whether the vehicle is eligible
for importation. The agency then
publishes this decision in the Federal
Register.
US SPECS of Aberdeen, Maryland
(Registered Importer 03–321) has
petitioned NHTSA to decide whether
nonconforming 1996 BMW K75
motorcycles are eligible for importation
into the United States. US SPECS
believes that these vehicles can be made
to conform to all applicable FMVSS.
In its petition, US SPECS asserted that
the nonconforming 1996 BMW K75
motorcycles are substantially similar to
conforming 1995 BMW K75 vehicles
that were originally manufactured for
importation into and sale in the United
States and that were certified by their
manufacturer (BMW) as complying with
the safety standards. Also, NHTSA has
granted import eligibility to
nonconforming 1995 BMW K75S
motorcycles (covered by vehicle
eligibility number VSP–229). Because
BMW K75 motorcycles were not
manufactured for importation into and
sale in the United States as model year
1996 vehicles, and were not certified by
BMW as conforming to all applicable
FMVSS, no vehicle can be categorized
as ‘‘substantially similar’’ to the
nonconforming 1996 BMW K75
motorcycles for the purpose of
establishing import eligibility under 49
U.S.C. 30141(a)(1)(A). Therefore, US
SPECS’ petition is being processed
pursuant to 49 U.S.C. 30141(a)(1)(B)
alone.
US SPECS submitted information
with its petition intended to
demonstrate that non-U.S. certified 1996
BMW K75 motorcycles, as originally
manufactured, comply with many
applicable FMVSS and are capable of
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
3911
being modified to comply with all other
applicable standards to which they were
not originally manufactured to conform.
Specifically, the petitioner claims that
1996 BMW K75 motorcycles have safety
features that comply with Standard Nos.
106 Brake Hoses, 116 Motor Vehicle
Brake Fluid, 119 New Pneumatic Tires
for Vehicles Other than Passenger Cars,
and 122 Motorcycle Brake Systems.
The petitioner further contends that
the vehicles are capable of being altered
to comply with the following standards,
in the manner indicated:
Standard No. 108 Lamps, Reflective
Devices and Associated Equipment:
inspection of all vehicles and
replacement of the following with U.S.model components on vehicles not
already so equipped: (a) headlamps; (b)
front and rear side reflex reflectors; (c)
rear reflex reflector; (d) tail lamp
assembly; and (e) front and rear turn
signal lamps.
Standard No. 111 Rearview Mirrors:
installation of a U.S.-model passenger
side rearview mirror, or inscription of
the required warning statement on the
face of that mirror.
Standard No. 120 Tire Selection and
Rims for Vehicles other than Passenger
Cars: installation of a tire information
placard.
Standard No. 123 Motorcycle Controls
and Displays: (a) installation of a U.S.model speedometer and odometer, or
modification of the speedometer and
odometer so that they read in miles per
hour and miles traveled; and (b)
installation of an ignition switch label.
Comments should refer to the docket
number and be submitted to: Docket
Management, Room PL–401, 400
Seventh Street, SW., Washington, DC
20590. It is requested but not required
that 10 copies be submitted.
All comments received before the
close of business on the closing date
indicated above will be considered, and
will be available for examination in the
docket at the above address both before
and after that date. To the extent
possible, comments filed after the
closing date will also be considered.
Notice of final action on the petition
will be published in the Federal
Register pursuant to the authority
indicated below.
Authority: 49 U.S.C. 30141(a)(1)(A) and
(b)(1); 49 CFR 593.8; delegations of authority
at 49 CFR 1.50 and 501.8.
Issued on: January 22, 2007.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. E7–1189 Filed 1–25–07; 8:45 am]
BILLING CODE 4910–59–P
E:\FR\FM\26JAN1.SGM
26JAN1
]]>Agencies
[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Notices]
[Pages 3907-3911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1126]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Safety Advisory 2007-02
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of Safety Advisory; Specialized Maintenance Equipment.
-----------------------------------------------------------------------
SUMMARY: FRA is issuing Safety Advisory 2007-02 in order to provide
interested parties guidance on the proper application of existing
statutory and regulatory requirements concerning self-propelled
specialized maintenance equipment. This document also strongly
recommends that owners and operators of such equipment properly inspect
the equipment and ensure that properly qualified individuals are
operating and piloting the equipment while in transit.
FOR FURTHER INFORMATION CONTACT: Kenneth Rusk, Staff Director, Track
Division (RRS-15), FRA Office of Safety Assurance and Compliance, 1120
Vermont Avenue NW., Washington, DC 20590, telephone: 202-493-6236;
Ronald Newman, Staff Director, Motive Power and Equipment Division
(RRS-14), FRA Office of Safety Assurance and Compliance, 1120 Vermont
Avenue NW., Washington, DC 20590, telephone: 202-493-6241; or Michael
Masci, Trial Attorney, 1120 Vermont Avenue NW., Washington, DC 20590,
telephone: 202-493-6037.
SUPPLEMENTARY INFORMATION: On November 9, 2006, a rail grinder train
owned and operated by Harsco Track Technologies (Harsco), a rail
services contractor, derailed while in transit from Sparks, Nevada, to
Bakersfield, California. The grinder train, classified as maintenance-
of-way (MOW) equipment, was operating in a westward direction on a 2.2
percent descending grade on the Union Pacific Railroad (UP) Roseville
Subdivision. Ten of the 13 cars in the train derailed, resulting in
[[Page 3908]]
the deaths of two Harsco employees. The consist was being operated by a
Harsco operator and a UP pilot conductor. Neither the operator nor the
pilot had been qualified on the territory over which the consist was
traveling. FRA's post-incident investigation has revealed that numerous
serious mechanical and brake defects also existed on the equipment in
the involved rail grinder consist.
Presently, FRA is in the process of performing safety inspections
on all Harsco's rail-grinding trains and other similar specialized
maintenance equipment owned by other service providers to ensure the
safe operation of the equipment. Because many of these rail-grinding
trains differ in design, it is necessary to inspect each train
individually. Harsco has voluntarily halted all operation of their
rail-grinding equipment until FRA has completed these safety
inspections. FRA's Motive Power & Equipment and Track Divisions will
work closely with the affected railroads, equipment owners and
operators to expedite these inspections.
Recommended Action: In recognition of the need to ensure safety,
FRA recommends that owners, operators, and railroads using specialized
maintenance equipment:
(1) Utilize the interpretative guidance provided in this document
to ensure that the equipment is properly inspected and operated;
(2) Ensure that either the operator or pilot involved in any move
of this equipment is qualified on the territory over which the
equipment will be traveling; and
(3) Thoroughly inspect the equipment at the earliest opportunity to
ensure that it is safe to operate and is in compliance with all
regulatory and statutory requirements.
Failure of industry members to voluntarily take action consistent
with the above recommendation may result in FRA pursuing other
corrective measures to enforce public safety under its rail safety
authority. FRA may modify Safety Advisory 2007-02, issue additional
safety advisories, or take other appropriate action necessary to ensure
the highest level of safety on the Nation's railroads.
Regulatory and Statutory Application
Subsequent to the incident, and based on FRA's accident
investigation, FRA's regional personnel have been aggressively
inspecting other similarly equipped and operated train sets. FRA's
findings indicate that there is uncertainty among some in the regulated
community as to the proper application of the agency's regulations of
specialized maintenance equipment. Historically, FRA's method for
applying its regulations and relevant statutes to this type of
equipment has been consistent. To determine which regulatory and
statutory requirements apply to specific equipment, FRA has
traditionally looked at the use of the equipment and the purpose of the
regulation or statute in question.
Due to the unique design and the hybrid nature of much of this
specialized maintenance equipment, which will likely continue to evolve
and change, a combination of regulations and statutes are applicable to
ensure that the equipment is safe to operate. The regulatory provisions
applicable in some measure to this equipment include Title 49 Code of
Federal Regulations (CFR) Parts 214, 221, 223, 229, 231, 232, and 240.
In addition, statutory requirements contained in Title 49 United States
Code (U.S.C.) Sections 20701, 20302, and 20303, also apply. This
document is intended to clarify the application of these regulatory
provisions and statutory requirements for the benefit of the regulated
community and to notify them of FRA's enforcement expectations. FRA
believes that providing clarification will assist the industry in
avoiding similar future incidents. See Table 1 for a summary of the
application of regulatory and statutory provisions for specialized
maintenance equipment. Please note that Table 1 is included as a
helpful summary to the reader, but is not intended to change or in any
way restrict application of the regulatory or statutory provisions
cited within.
Regulatory Application
Due to the unique design of some self-propelled specialized
maintenance equipment, it is sometimes difficult to determine whether
the particular vehicle is a locomotive under FRA's various regulatory
provisions. Virtually all of FRA's regulations contain a definition of
``locomotive,'' however, the definition changes based on the purpose
and scope of the particular regulation. If specialized maintenance
equipment qualifies as a locomotive, FRA will enforce its regulations
including testing, inspection, maintenance, and repair requirements.
The determination as to whether a piece of equipment or a vehicle
qualifies as a locomotive under a specific regulation is based on how
the equipment is being used and the specific purpose of that
regulation. Thus, a self-propelled piece of specialized maintenance
equipment may be considered a locomotive under one regulatory provision
while not being considered a locomotive under another. Likewise, if the
equipment qualifies as a ``dual purpose vehicle,'' (See 49 CFR Part
240), FRA will enforce the restrictions placed on those vehicles by
Part 240.
Similarly, if self-propelled maintenance equipment is used in its
limited on-track maintenance capacity, the provisions contained in 49
CFR Part 214, Subpart D, apply. However, if self-propelled maintenance
equipment is used in the same capacity as a locomotive and is not
engaged in an MOW activity, those regulations governing locomotives in
Part 229 will apply to the power car. In addition, FRA will apply any
applicable regulations to the other vehicles in MOW train sets that are
not used to power the train based on FRA's determination as to the type
of vehicle they most closely resemble.
49 CFR Part 214
When being used as on-track roadway maintenance machines,
specialized maintenance equipment must comply with 49 CFR Part 214,
Subpart D: ``On-Track Roadway Maintenance Machines and Hi-Rail
Vehicles.'' This subpart contains various requirements regarding the
safety equipment required to be on such machines as well as provisions
related to their design and operation, which are intended to prevent
accidents and casualties. Section 214.527(a), which requires an initial
inspection of the equipment, provides in part: ``The operator of an on-
track roadway maintenance machine shall check the machine components
for compliance with this subpart, prior to using the machine at the
start of the operator's shift.'' In addition, in-service brake system
failures are addressed in Sec. 214.529(a): ``In the event of a total
in-service failure of its primary braking system, an on-track roadway
maintenance machine may be operated for the remainder of its tour of
duty with the use of a secondary braking system or by coupling to
another machine, if such operations may be done safely.''
49 CFR Part 221
Part 221, which addresses the use of rear end marking devices,
contains a very broad definition of what constitutes a locomotive.
Under Sec. 221.5(c), a ``self-propelled unit designed to carry freight
or passenger traffic'' is considered a locomotive. Thus, a self-
propelled vehicle designed to carry freight that is conducting a
railroad operation on main track, whether coupled to other cars or not,
is required to be equipped with a rear end marking device prescribed in
Part 221.
[[Page 3909]]
49 CFR Part 223
Under Part 223, which addresses glazing requirements, a locomotive
is defined as ``a self-propelled unit of equipment designed primarily
for moving other equipment,'' and does not include self-propelled
passenger cars (See Sec. 223.5). Thus, the power car in an integrated
rail grinder train would be considered a locomotive for purposes of
Part 223, because it is designed primarily to haul the other MOW
equipment in the train set. Consequently, power cars in these types of
integrated MOW trains would be required to meet the locomotive glazing
requirements contained in Part 223. Similarly, a piece of specialized
maintenance equipment designed primarily to move other equipment would
also be required to meet the Part 223 glazing provisions.
49 CFR Parts 229 and 232
Part 229 (locomotive standards) and Part 232 (freight power brakes)
contain similar definitions of ``locomotive.'' They both exempt ``hi-
rail, specialized maintenance, or other similar equipment'' from their
requirements. If equipment is within this category, Parts 229 and 232
would not apply. FRA has historically construed the exception for hi-
rail and specialized maintenance equipment very narrowly.
FRA considers the specific use of the equipment and the purpose of
each of the regulatory provisions when determining if the exception
applies. Technical Bulletin (TB) 98-71, issued by FRA in August 1998,
illustrates FRA's application of Part 229 in this manner. This TB makes
clear that when specialized maintenance equipment is used outside its
typical MOW function, it will be considered a locomotive under Part
229. Thus, if a hi-rail or a piece of specialized maintenance equipment
is used to haul freight over the railroad outside of its limited MOW
operation or outside of repair facilities, then it would be considered
a locomotive for purposes of Part 229. TB 98-71 recognizes that most
specialized maintenance equipment cannot meet some of the locomotive
safety standards contained in Part 229. Through its exercise of
enforcement discretion, FRA set out those provisions of Part 229 that
are applicable to such vehicles when they are used as traditional
locomotives. The following list identifies those portions of Part 229
that are applicable to specialized maintenance equipment when used as
traditional locomotives outside their typical MOW function:
Each self-propelled vehicle shall be inspected each
calendar day when used and an inspection report and record shall be
completed as described in Sec. 229.21;
Each self-propelled vehicle shall receive a periodic
inspection as described in Sec. 229.23, and all pertinent data is to
be entered on an F6180.49A Locomotive Inspection and Repair Report,
which shall be displayed under a transparent cover in the cab of the
vehicle;
The vehicle's air brake equipment must be cleaned and
tested as often as conditions require, but not less frequently than
required in Sec. Sec. 229.25, 229.27, and 229.29;
The main reservoir must comply with Sec. 229.31 regarding
either hammer and hydrostatic testing or pre-drilling of the reservoir;
The vehicle must meet the general safety requirements of
Sec. Sec. 229.41, 229.43, and 229.45;
A fuel line safety cut-off device is required under Sec.
229.93;
As required by Sec. 229.117, the vehicle must have a
speed indicator if it is operated at a speed that exceeds 20 mph;
Interior cab noise must comply with Sec. 229.121;
Vehicle headlights must be fully functional and if
operated at speeds in excess of 20 mph over one or more public highway-
rail crossings, must comply with auxiliary light requirements Sec.
229.125;
The vehicle must be equipped with an audible warning
device as required by Sec. 229.129;
If operated at speeds in excess of 30 mph while hauling
cars, the vehicle must be equipped with a working event recorder in
compliance with Sec. 229.135;
Wheel requirements under Sec. Sec. 229.73 and 229.75
shall apply; and
Piston travel requirements, if vehicle is so equipped,
under Sec. 229.55 shall apply.
FRA has historically applied Part 232 to specialized maintenance
equipment when it is being used in the same manner as a locomotive and
is engaged in a train movement, regardless of whether the movement is
in connection with MOW service. Thus, FRA's application of the
exception under Part 232 for ``hi-rail, specialized maintenance, or
other similar equipment'' is even more narrow than its application
under Part 229. The triggering event for coverage of Part 232 is
whether the involved equipment is engaged in a train movement. If so,
the power car (or unit) is considered a locomotive under Part 232 and
the consist being moved by the power unit will be considered a train.
As with any train movement, the power unit must be equipped with a
brake system that permits the operator to apply and release the brakes
on the cars being hauled. In addition, FRA requires the performance of
appropriate brake inspections and tests when such equipment is engaged
in train movements (such as travel to and from a work site). The type
of brake test to be performed will depend on the distance that the
train consist will travel (See 49 CFR 232.205 and 232.215). FRA also
requires equipment used in MOW service to receive appropriate periodic
maintenance and single car tests under the provisions contained in
Subpart D of Part 232.
49 CFR Part 231
This part governs the placement, number, and dimensions of safety
appliances on rail equipment. This part applies to all equipment
regardless of whether it is used in MOW service. If the piece of
equipment falls within one of the specifically identified car types,
then it would be required to meet the safety appliance requirements
contained in that section of the regulation. However, due to the unique
design and purpose of many pieces of equipment used in MOW service,
most equipment being used in MOW service will be considered ``cars of
special construction'' under Sec. 232.18 of this Part. Under this
section, such equipment would be required to have, as nearly as
possible based on the design limitations of the vehicle, the same
complement of handholds, sill steps, ladders, hand brakes, and running
boards as required for a car of the nearest approximate type.
49 CFR Part 240
This Part governs certification of locomotive engineers and
addresses the circumstances in which certified locomotive engineers are
required to operate certain equipment. This Part contains a definition
of ``locomotive'' that is similar to that contained in Parts 229 and
232. However, the exception in Part 240 is for ``specialized roadway
maintenance equipment'' and ``dual purpose vehicles operating in
accordance with Sec. 240.104(a)(2)'' (See Sec. 240.7). ``Specialized
roadway maintenance equipment'' is defined in Sec. 240.104(a)(1) as
roadway maintenance equipment that does not have the capability to move
railroad rolling stock. This type of equipment does not require the use
of a certified locomotive engineer (LE).
``Dual purpose vehicle'' is defined in Part 240 as a piece of on-
track equipment that is capable of moving railroad rolling stock and
may also
[[Page 3910]]
function as roadway maintenance equipment. The use of a dual purpose
vehicle will determine whether it meets the exception contained in the
definition of ``locomotive.'' Therefore, a railroad may be required to
use a certified LE to operate the equipment under certain
circumstances. Dual purpose vehicles may be considered locomotives
under either Part 229 or Part 232, depending on the use of the
equipment. However, that determination is separate from the
determination under Part 240 as to whether a certified LE is required
to operate the equipment.
Section 240.104(a)(2) sets out three conditions that must be met in
order to operate a dual purpose vehicle with an individual who is not a
certified locomotive engineer. These conditions require that the dual
purpose vehicle: (1) Be operated in conjunction with roadway
maintenance and related MOW functions, including traveling to and from
the work site; (2) move under the authority of railroad operating rules
designated for the movement of roadway maintenance equipment that
ensure the protection of the equipment from train movements; and (3) be
operated by an individual trained and qualified in accordance with
Sec. Sec. 214.341, 214.343, 214.355. In the preamble to the 1999 final
rule related to Part 240, FRA discussed the provision permitting the
movement of dual purpose vehicles to and from a work site (See 64 FR
60969 (November 8, 1999)). FRA noted that although Sec. 240.104(a)(2)
does not place a limit on the distance or type of track that a person
who is not a certified LE may operate dual purpose equipment, the
provisions do provide limitations based on the type of service being
performed. Therefore, when the service falls outside traditional MOW
service, a certified LE would be required to operate the equipment.
FRA recognizes that most specialized maintenance equipment is
unique in both its design and operation, and that to require a
certified LE to operate such equipment when it is moved from one work
site to another would be operationally restrictive and potentially
unsafe since in most instances, an LE certified under Part 240 will not
be familiar with the specific operation of specialized maintenance
equipment. Thus, safety is better served by permitting an individual
familiar with the specific piece of equipment to operate it from one
work site to another with the aid of a pilot, where appropriate.
Although Federal regulations do not specifically address the
territorial qualifications of either the operator or any pilot that may
be utilized when operating a dual purpose vehicle under the provisions
of Sec. 240.104(a)(2), FRA believes that safe railroading dictates
that such individuals should be qualified and familiar with the
territory over which the equipment will be operated. Thus, FRA strongly
recommends and encourages the use of individuals that are qualified on
the territory over which the equipment will be operated when such
equipment is traveling to and from a work site.
Statutory Application
49 U.S.C. 20701
Section 20701 states that:
[a] railroad carrier may use or allow to be used a locomotive or
tender on its railroad line only when the locomotive or tender and
its parts and appurtenances--(1) are in proper condition and safe to
operate without unnecessary danger of personal injury; (2) have been
inspected as required under this chapter and regulations prescribed
by the Secretary of Transportation under this chapter; and (3) can
withstand every test prescribed by the Secretary under this chapter.
Courts have consistently found that vehicles capable of moving other
equipment are considered to be locomotives under 49 U.S.C. 20701 when
they are used in the same capacity as a locomotive. This conclusion is
irrespective of the vehicle's assembly or appearance, and whether or
not it is engaging in MOW service. Thus, even when a unit used to power
equipment does not look like a traditional locomotive (e.g. burro
cranes, hi-rail vehicles, track mobiles), or has been modified to be an
integral component of a MOW trainset (e.g., power unit of an integrated
rail grinder train, specially modified locomotive, etc.), such
equipment is considered to be a locomotive and must therefore comply
with the statutory requirements contained in Sec. 20701 .
In situations where this specialized maintenance equipment is
determined to be excluded from the specific coverage of FRA's
regulations but is being used as a locomotive, FRA directly applies the
statutory requirements of Sec. 20701. In these situations, the safety
rationale supporting the regulatory requirements contained in 49 CFR
parts 229 and 214 that concern locomotives and roadway maintenance
machines, may be relevant because the equipment is being used in a
similar manner. Accordingly, when enforcing this statutory provision,
FRA will utilize the requirements contained in 49 CFR parts 229 and 214
as guidance in determining whether the involved equipment is safe to
operate. This approach was specifically identified when FRA issued the
Locomotive Safety Standards, and has been applied in this manner since
that time. The March 1980 preamble to the final rule on Locomotive
Safety Standards states that statutory provisions are applicable to
specialized maintenance equipment (See 45 FR 21093 (March 31, 1980)).
The preamble discusses enforcement of the statutory provision via
issuance of a Special Notice for Repair. Historically, FRA has also
enforced this provision by assessing civil penalties directly under the
statutory provision when serious noncompliance is discovered. FRA
intends to continue this practice.
49 U.S.C. 20302 and 20303
Sections 20302 and 20303 of Title 49 of the U.S.C. contain specific
requirements related to safety appliances on all vehicles used by a
railroad. Section 20302(a)(4) requires that a locomotive (including a
power car in a MOW train set) be equipped with a power-driving wheel
brake and appliances for operating the train-brake system. Section
20302(a)(5) requires that the vehicles in a train be equipped with
power brakes and that all the vehicles on an associated train line be
equipped with power brakes, as per 20302(a)(5). In addition, Section
20302(a)(1) requires that vehicles be equipped with efficient hand
brakes, sill steps, automatic couplers, and other safety appliances
that ensure the safety of employees as they mount and dismount
equipment.
Section 20303 restricts the use and movement of vehicles with
defective or inoperative safety appliances. This section only permits
the movement of a vehicle with defective safety appliances to the
nearest available place where the necessary repairs can be performed.
Guidelines for determining locations where necessary repairs can be
performed can be found in 49 CFR 232.15(f). The guidance provided in
the Federal regulations related to freight power brakes is based on the
voluminous case law related to the court's historical application of
the statutory mandate. For a complete discussion of this guidance,
interested parties are encouraged to read the preamble to the final
rule related to Part 232 (See 66 FR 4125-29, 4152-53 (January 21,
2001)). Sections 20302 and 20303 address all vehicles used on rail
lines and are directly applicable to MOW equipment. Civil penalty
violations have been and will continue to be issued directly under
these sections when appropriate.
[[Page 3911]]
Issued in Washington, DC on January 22, 2007.
Jo Strang,
Associate Administrator for Safety.
[FR Doc. E7-1126 Filed 1-25-07; 8:45 am]
BILLING CODE 4910-06-P
