Passenger Equipment Safety Standards; Front-End Strength of Cab Cars and Multiple-Unit Locomotives, 42016-42041 [07-3736]
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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Proposed Rules
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Florida, is amended
by removing Channel *259A and by
adding Channel *261A at Live Oak.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E7–14879 Filed 7–31–07; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 07–3151; MB Docket No. 07–130; RM–
11372]
Radio Broadcasting Services;
Silverton, CO
Federal Communications
Commission.
ACTION: Proposed rule.
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AGENCY:
SUMMARY: This document requests
comments on a petition for rulemaking
filed by Laramie Mountain
Broadcasting, LLC, requesting the
allotment of Channel 281A at Silverton,
Colorado, as the community’s second
local aural transmission service.
Channel 281A can be allotted at
Silverton, Colorado, without a site
restriction at coordinates 37–07–43 NL
and 107–39–50 WL.
DATES: Comments must be filed on or
before September 3, 2007, and reply
comments on or before September 18,
2007.
ADDRESSES: Federal Communications
Commission, 445 Twelfth Street, SW.,
Washington, DC 20554. In addition to
filing comments with the FCC,
interested parties should serve the
petitioner as follows: A. Wray Fitch,
Esquire, Gammon & Grange, PC, 8280
Greensboro Drive, 7th Floor, McLean,
VA 22102–3807.
FOR FURTHER INFORMATION CONTACT:
Victoria McCauley, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
07–130, adopted July 11, 2007 and
released July 13, 2007. The full text of
this Commission decision is available
for inspection and copying during
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normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 Twelfth Street, SW.,
Washington, DC 20554. This document
may also be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or https://
www.BCPIWEB.com.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
Part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Colorado is amended
by adding Silverton, Channel 281A.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E7–14878 Filed 7–31–07; 8:45 am]
BILLING CODE 6712–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 238
[Docket No. FRA–2006–25268, Notice No.
1]
RIN 2130–AB80
Passenger Equipment Safety
Standards; Front-End Strength of Cab
Cars and Multiple-Unit Locomotives
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: FRA is proposing to further
the safety of passenger train occupants
by amending existing regulations to
enhance structural strength
requirements for the front end of cab
cars and multiple-unit locomotives.
These enhancements would include the
addition of deformation and energy
absorption requirements specified in
revised American Public Transportation
Association (APTA) standards for frontend collision posts and corner posts for
this equipment. FRA is also proposing
to make miscellaneous clarifying
amendments to current regulations for
the structural strength of passenger
equipment.
(1) Written comments must be
received by October 1, 2007. Comments
received after that date will be
considered to the extent possible
without incurring additional expense or
delay.
(2) FRA anticipates being able to
resolve this rulemaking without a
public, oral hearing. However, if FRA
receives a specific request for a public,
oral hearing prior to August 31, 2007,
one will be scheduled, and FRA will
publish a supplemental notice in the
Federal Register to inform interested
parties of the date, time, and location of
any such hearing.
ADDRESSES: Comments: Comments
related to Docket No. FRA–2006–25268,
Notice No. 1, may be submitted by any
of the following methods:
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590.
• Hand Delivery: Docket Management
Facility, U.S. Department of
DATES:
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Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC,
between 9 a.m. and 5 p.m. Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all comments received will be
posted without change to https://
dms.dot.gov including any personal
information. Please see the Privacy Act
heading in the SUPPLEMENTARY
INFORMATION section of this document
for Privacy Act information related to
any submitted comments or materials.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov at any time or to the Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC,
between 9 a.m. and 5 p.m. Monday
through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: Gary
G. Fairbanks, Specialist, Motive Power
and Equipment Division, Office of
Safety, RRS–14, Mail Stop 25, Federal
Railroad Administration, 1120 Vermont
Avenue, NW., Washington, DC 20590
(telephone 202–493–6282); Eloy E.
Martinez, Program Manager, Equipment
and Operating Practices Division, Office
of Railroad Development, RDV–32,
Federal Railroad Administration, 55
Broadway, Cambridge, MA 02142
(telephone 617–494–2243); or Daniel L.
Alpert, Trial Attorney, Office of Chief
Counsel, Mail Stop 10, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590 (telephone
202–493–6026).
SUPPLEMENTARY INFORMATION:
Table of Contents for Supplementary
Information
I. Statutory Background
II. Proceedings to Date
A. Proceedings To Carry Out the Initial
Rulemaking Mandate
B. Key Issues Identified for Future
Rulemaking
C. Railroad Safety Advisory Committee
(RSAC) Overview
D. Establishment of the Passenger Safety
Working Group
E. Establishment of the Crashworthiness/
Glazing Task Force
F. Development of the NPRM
III. Technical Background
A. Predominant Types of Passenger Rail
Service
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B. Front-End Frame Structures of Cab Cars
and MU Locomotives
C. Accident History
D. FRA and Industry Standards for FrontEnd Frame Structures of Cab Cars and
MU Locomotives
E. Testing of Front-End Frame Structures of
Cab Cars and MU Locomotives
1. Designs Evaluated by FRA
2. FRA Dynamic Impact Testing
3. Industry Quasi-Static Testing
4. Comparative Analyses
F. Approaches for Specifying Large
Deformation Requirements
G. Crash Energy Management and the
Design of Front-End Frame Structures of
Cab Cars and MU Locomotives
IV. Section-by-Section Analysis
V. Regulatory Impact and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
B. Regulatory Flexibility Act and Executive
Order 13272
C. Paperwork Reduction Act
D. Federalism Implications
E. Environmental Impact
F. Unfunded Mandates Act of 1995
G. Energy Impact
H. Trade Impact
I. Privacy Act
I. Statutory Background
In September of 1994, the Secretary of
Transportation convened a meeting of
representatives from all sectors of the
rail industry with the goal of enhancing
rail safety. As one of the initiatives
arising from this Rail Safety Summit,
the Secretary announced that DOT
would begin developing safety
standards for rail passenger equipment
over a five-year period. In November of
1994, Congress adopted the Secretary’s
schedule for implementing rail
passenger equipment safety regulations
and included it in the Federal Railroad
Safety Authorization Act of 1994 (the
Act), Pub. L. No. 103–440, 108 Stat.
4619, 4623–4624 (November 2, 1994).
Congress also authorized the Secretary
to consult with various organizations
involved in passenger train operations
for purposes of prescribing and
amending these regulations, as well as
issuing orders pursuant to them. Section
215 of the Act is codified at 49 U.S.C.
20133.
II. Proceedings to Date
A. Proceedings to Carry Out the Initial
Rulemaking Mandate
The Secretary of Transportation
delegated these rulemaking
responsibilities to the Federal Railroad
Administrator, see 49 CFR 1.49(m), and
FRA formed the Passenger Equipment
Safety Standards Working Group to
provide FRA advice in developing the
regulations. On June 17, 1996, FRA
published an advance notice of
proposed rulemaking (ANPRM)
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concerning the establishment of
comprehensive safety standards for
railroad passenger equipment. See 61
FR 30672. The ANPRM provided
background information on the need for
such standards, offered preliminary
ideas on approaching passenger safety
issues, and presented questions on
various passenger safety topics.
Following consideration of comments
received on the ANPRM and advice
from FRA’s Passenger Equipment Safety
Standards Working Group, FRA
published an NPRM on September 23,
1997, to establish comprehensive safety
standards for railroad passenger
equipment. See 62 FR 49728. In
addition to requesting written comment
on the NPRM, FRA also solicited oral
comment at a public hearing held on
November 21, 1997. FRA considered the
comments received on the NPRM and
prepared a final rule establishing
comprehensive safety standards for
passenger equipment, which was
published on May 12, 1999. See 64 FR
25540.
After publication of the final rule,
interested parties filed petitions seeking
FRA’s reconsideration of certain
requirements contained in the rule.
These petitions generally related to the
following subject areas: structural
design; fire safety; training; inspection,
testing, and maintenance; and
movement of defective equipment. To
address the petitions, FRA grouped
issues together and published in the
Federal Register three sets of
amendments to the final rule. Each set
of amendments summarized the petition
requests at issue, explained what action,
if any, FRA decided to take in response
to the issues raised, and described
FRA’s justifications for its decisions and
any action taken. Specifically, on July 3,
2000, FRA issued a response to the
petitions for reconsideration relating to
the inspection, testing, and maintenance
of passenger equipment, the movement
of defective passenger equipment, and
other miscellaneous provisions related
to mechanical issues contained in the
final rule. See 65 FR 41284. On April
23, 2002, FRA responded to all
remaining issues raised in the petitions
for reconsideration, with the exception
of those relating to fire safety. See 67 FR
19970. Finally, on June 25, 2002, FRA
completed its response to the petitions
for reconsideration by publishing a
response to the petitions for
reconsideration concerning the fire
safety portion of the rule. See 67 FR
42892. (For more detailed information
on the petitions for reconsideration and
FRA’s response to them, please see
these three rulemaking documents.) The
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product of this rulemaking was codified
primarily at 49 CFR part 238 (part 238)
and also at 49 CFR parts 216, 223, 229,
231, and 232.
Meanwhile, another rulemaking on
passenger train emergency preparedness
produced a final rule codified at 49 CFR
part 239. See 63 FR 24629; May 4, 1998.
The rule addresses passenger train
emergencies of various kinds, including
security situations, and requires the
preparation, adoption, and
implementation of emergency
preparedness plans by railroads
connected with the operation of
passenger trains. The rule requires
railroads that operate intercity or
commuter passenger train service or that
host the operation of such service to
adopt and comply with written
emergency preparedness plans. The
emergency preparedness plans must
address subjects such as
communication, employee training and
qualification, joint operations, tunnel
safety, liaison with emergency
responders, on-board emergency
equipment, and passenger safety
information. The rule requires each
affected railroad to instruct its
employees on the applicable provisions
of its plan, and the plan adopted by
each railroad is subject to formal review
and approval by FRA. The rule also
requires each railroad operating
passenger train service to conduct
emergency simulations to determine its
capability to execute the emergency
preparedness plan under the variety of
emergency scenarios that could
reasonably be expected to occur. In
addition, the rule contains requirements
for the identification and usage of
emergency window exits, rescue access
windows, and door exits.
B. Key Issues Identified for Future
Rulemaking
Although FRA had completed these
rulemakings, FRA had identified
various issues for possible future
rulemaking, including those to be
addressed following the completion of
additional research, the gathering of
additional operating experience, or the
development of industry standards, or
all three. One such issue concerned
enhancing the requirements for corner
posts on cab cars and MU locomotives.
See 64 FR 25607; May 12, 1999. Current
FRA requirements for corner posts are
based on conventional industry practice
at the time, which had not proven
adequate in then-recent side swipe
collisions with cab cars leading. Id. FRA
explained that the current requirements
were being adopted as an interim
measure to prevent the introduction of
equipment not meeting the
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requirements, that FRA was assisting
APTA in preparing an industry standard
for corner post arrangements on cab cars
and MU locomotives, and that adoption
of a suitable Federal standard would be
an immediate priority. Id. In broader
terms, this issue concerned the behavior
of cab car and MU locomotive end
frames when overloaded, as during an
impact with maintenance-of-way
equipment or with a highway vehicle at
a highway-rail grade crossing, and thus
concerned collision post strength as
well. FRA and interested industry
members also began identifying other
issues related to the passenger
equipment safety standards and the
passenger train emergency preparedness
regulations. FRA decided to address
these issues with the assistance of FRA’s
Railroad Safety Advisory Committee.
C. Railroad Safety Advisory Committee
(RSAC) Overview
In March 1996 FRA established
RSAC, which provides a forum for
developing consensus recommendations
to FRA’s Administrator on rulemakings
and other safety program issues. The
Committee includes representation from
all of the agency’s major customer
groups, including railroads, labor
organizations, suppliers and
manufacturers, and other interested
parties. A list of current member groups
follows:
• American Association of Private
Railroad Car Owners (AARPCO);
• American Association of State
Highway and Transportation Officials
(AASHTO);
• American Chemistry Council;
• American Petroleum Institute;
• APTA;
• American Short Line and Regional
Railroad Association (ASLRRA);
• American Train Dispatchers
Association;
• Association of American Railroads
(AAR);
• Association of Railway Museums;
• Association of State Rail Safety
Managers (ASRSM);
• Brotherhood of Locomotive
Engineers and Trainmen (BLET);
• Brotherhood of Maintenance of Way
Employees Division;
• Brotherhood of Railroad Signalmen
(BRS);
• Chlorine Institute;
• Federal Transit Administration
(FTA)*;
• Fertilizer Institute;
• High Speed Ground Transportation
Association;
• Institute of Makers of Explosives;
• International Association of
Machinists and Aerospace Workers;
• International Brotherhood of
Electrical Workers (IBEW);
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• Labor Council for Latin American
Advancement*;
• League of Railway Industry
Women*;
• National Association of Railroad
Passengers (NARP);
• National Association of Railway
Business Women*;
• National Conference of Firemen &
Oilers;
• National Railroad Construction and
Maintenance Association;
• National Railroad Passenger
Corporation (Amtrak);
• National Transportation Safety
Board (NTSB)*;
• Railway Supply Institute (RSI);
• Safe Travel America (STA);
• Secretaria de Comunicaciones y
Transporte*;
• Sheet Metal Workers International
Association (SMWIA);
• Tourist Railway Association, Inc.;
• Transport Canada*;
• Transport Workers Union of
America (TWU);
• Transportation Communications
International Union/BRC (TCIU/BRC);
• Transportation Security
Administration*; and
• United Transportation Union
(UTU).
*Indicates associate, non-voting
membership.
When appropriate, FRA assigns a task
to RSAC, and after consideration and
debate, RSAC may accept or reject the
task. If the task is accepted, RSAC
establishes a working group that
possesses the appropriate expertise and
representation of interests to develop
recommendations to FRA for action on
the task. These recommendations are
developed by consensus. A working
group may establish one or more task
forces to develop facts and options on
a particular aspect of a given task. The
task force then provides that
information to the working group for
consideration. If a working group comes
to unanimous consensus on
recommendations for action, the
package is presented to the full RSAC
for a vote. If the proposal is accepted by
a simple majority of RSAC, the proposal
is formally recommended to FRA. FRA
then determines what action to take on
the recommendation. Because FRA staff
play an active role at the working group
level in discussing the issues and
options and in drafting the language of
the consensus proposal, FRA is often
favorably inclined toward the RSAC
recommendation. However, FRA is in
no way bound to follow the
recommendation, and the agency
exercises its independent judgment on
whether the recommended rule achieves
the agency’s regulatory goal, is soundly
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supported, and is in accordance with
policy and legal requirements. Often,
FRA varies in some respects from the
RSAC recommendation in developing
the actual regulatory proposal or final
rule. Any such variations would be
noted and explained in the rulemaking
document issued by FRA. If the working
group or RSAC is unable to reach
consensus on recommendations for
action, FRA moves ahead to resolve the
issue through traditional rulemaking
proceedings.
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D. Establishment of the Passenger Safety
Working Group
On May 20, 2003, FRA presented, and
RSAC accepted, the task of reviewing
existing passenger equipment safety
needs and programs and recommending
consideration of specific actions that
could be useful in advancing the safety
of rail passenger service. The RSAC
established the Passenger Safety
Working Group (Working Group) to
handle this task and develop
recommendations for the full RSAC to
consider. Members of the Working
Group, in addition to FRA, include the
following:
• AAR, including members from
BNSF Railway Company, CSX
Transportation, Inc., and Union Pacific
Railroad Company;
• AAPRCO;
• AASHTO;
• Amtrak;
• APTA, including members from
Bombardier, Inc., LDK Engineering,
Herzog Transit Services, Inc., Long
Island Rail Road (LIRR), Metro-North
Commuter Railroad Company (MetroNorth), Northeast Illinois Regional
Commuter Railroad Corporation (Metra),
Southern California Regional Rail
Authority (Metrolink), and Southeastern
Pennsylvania Transportation Authority
(SEPTA);
• BLET;
• BRS;
• FTA;
• HSGTA;
• IBEW;
• NARP;
• RSI;
• SMWIA;
• STA;
• TCIU/BRC;
• TWU; and
• UTU.
Staff from DOT’s John A. Volpe
National Transportation Systems Center
(Volpe Center) attended all of the
meetings and contributed to the
technical discussions. In addition, staff
from the NTSB met with the Working
Group when possible. The Working
Group has held nine meetings on the
following dates and locations:
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• September 9–10, 2003, in
Washington, DC;
• November 6, 2003, in Philadelphia,
PA;
• May 11, 2004, in Schaumburg, IL;
• October 26–27, 2004, in Linthicum/
Baltimore, MD;
• March 9–10, 2005, in Ft.
Lauderdale, FL;
• September 7, 2005, in Chicago, IL;
• March 21–22, 2006, in Ft.
Lauderdale, FL;
• September 12–13, 2006, in Orlando,
FL; and
• April 17–18, 2007, in Orlando, FL.
At the meetings in Chicago and Ft.
Lauderdale in 2005, FRA met with
representatives of Tri-County Commuter
Rail and Metra, respectively, and toured
their passenger equipment. The visits
were open to all members of the
Working Group, and FRA believes they
have added to the collective
understanding of the Group in
identifying and addressing passenger
equipment safety issues.
E. Establishment of the
Crashworthiness/Glazing Task Force
Due to the variety of issues involved,
at its November 2003 meeting the
Working Group established four task
forces—smaller groups to develop
recommendations on specific issues
within each group’s particular area of
expertise. Members of the task forces
include various representatives from the
respective organizations that were part
of the larger Working Group. One of
these task forces was assigned the job of
identifying and developing issues and
recommendations specifically related to
the inspection, testing, and operation of
passenger equipment as well as
concerns related to the attachment of
safety appliances on passenger
equipment. An NPRM on these topics
was published on December 8, 2005, see
70 FR 73069, and a final rule was
published on October 19, 2006, see 71
FR 61835. Another of these task forces
was established to identify issues and
develop recommendations related to
emergency systems, procedures, and
equipment, and helped to develop an
NPRM on these topics that was
published on August 24, 2006, see 71
FR 50276. Another task force, the
Crashworthiness/Glazing Task Force
(Task Force), was assigned the job of
developing recommendations related to
glazing integrity, structural
crashworthiness, and the protection of
occupants during accidents and
incidents. Specifically, this Task Force
was charged with developing
recommendations for glazing
qualification testing and for cab car/MU
locomotive end frame optimization.
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Although being developed by the same
Task Force, the glazing and cab car/MU
locomotive end frame recommendations
are being handled separately, and
glazing is not a subject of this NPRM.
The Task Force was also given the
responsibility of addressing a number of
other issues related to glazing, structural
crashworthiness, and occupant
protection and recommending any
research necessary to facilitate their
resolution. Members of the Task Force,
in addition to FRA, include the
following:
• AAR;
• Amtrak;
• APTA, including members from
Bombardier, Inc., General Electric
Transportation Systems, General
Motors—Electro-Motive Division,
Kawasaki Rail Car, Inc., LDK
Engineering, LIRR, LTK Engineering
Services, Maryland Transit
Administration, Massachusetts Bay
Commuter Rail Corporation (MBCR),
Metrolink, Metro-North, Northern
Indiana Commuter Transportation
District (NICTD), Rotem Company, Saint
Gobian Sully NA, San Diego Northern
Commuter Railroad (Coaster), SEPTA,
and STV, Inc.;
• BLET;
• California Department of
Transportation (Caltrans);
• NARP;
• RSI; and
• UTU.
While not voting members of the Task
Force, representatives from the NTSB
attended certain of the meetings and
contributed to the discussions of the
Task Force. In addition, staff from the
Volpe Center attended all of the
meetings and contributed to the
technical discussions.
The Task Force held six meetings on
the following dates and locations:
• March 17–18, 2004, in Cambridge,
MA;
• May 13, 2004, in Schaumberg, IL;
• November 9, 2004, in Boston, MA;
• February 2–3, 2005, in Cambridge,
MA;
• April 21–22, 2005, in Cambridge,
MA; and
• August 11, 2005, in Cambridge,
MA.
F. Development of the NPRM
This NPRM was developed to address
concerns raised and issues discussed
about cab car and MU locomotive frontend frame structures during the Task
Force meetings and pertinent Working
Group meetings. Minutes of each of
these meetings have been made part of
the docket in this proceeding and are
available for public inspection. With the
exception discussed below, the Working
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Group reached consensus on the
principal regulatory provisions
contained in this NPRM at its meeting
in September 2005. After the September
2005 meeting, the Working Group
presented its recommendations to the
full RSAC for concurrence at its meeting
in October 2005. All of the members of
the full RSAC in attendance at its
October 2005 meeting accepted the
regulatory recommendations submitted
by the Working Group. Thus, the
Working Group’s recommendations
became the full RSAC’s
recommendations to FRA in this matter.
After reviewing the full RSAC’s
recommendations, FRA agreed that the
recommendations provided a good basis
for a proposed rule, but that test
standards and performance criteria more
suitable to cab cars and MU locomotives
without a flat forward end or with
energy absorbing structures used as part
of a crash energy management design
(CEM), or both, should be specified. As
discussed below, the NPRM provides an
option for the dynamic testing of cab
cars and MU locomotives as a means of
demonstrating compliance with the
rule. However, FRA makes clear that
this proposal was not the result of an
RSAC recommendation. Otherwise, FRA
has adopted the RSAC’s
recommendations with generally minor
changes for purposes of clarity and
formatting in the Federal Register.
Overall, this NPRM is the product of
FRA’s review, consideration, and
acceptance of the recommendations of
the Task Force, Working Group, and full
RSAC. In the preamble discussion of
this proposal, FRA refers to comments,
views, suggestions, or recommendations
made by members of the Task Force,
Working Group, and full RSAC, as they
are identified or contained in the
minutes of their meetings. FRA does so
to show the origin of certain issues and
the nature of discussions concerning
those issues at the Task Force, Working
Group, and full RSAC level. FRA
believes this serves to illuminate factors
it has weighed in making its regulatory
decisions, as well as the logic behind
those decisions. The reader should keep
in mind, of course, that only the full
RSAC makes recommendations to FRA.
However, as noted above, FRA is in no
way bound to follow the
recommendations, and the agency
exercises its independent judgment on
whether the recommendations achieve
the agency’s regulatory goal(s), are
soundly supported, and are in
accordance with policy and legal
requirements.
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III. Technical Background
Transporting passengers by rail is
very safe. Since 1978, more than 11.2
billion passengers have traveled by rail,
based on reports filed monthly with
FRA. The number of rail passengers has
steadily increased over the years, and
since the year 2000 has averaged more
than 500 million per year. On a
passenger-mile basis, with an average of
about 15.5 billion passenger-miles per
year, rail travel is about as safe as
scheduled airline service and intercity
bus transportation, and it is far safer
than private motor vehicle travel.
Passenger rail accidents—while always
to be avoided—have a very high
passenger survival rate.
Yet, as in any form of transportation,
there are risks inherent in passenger rail
travel. Although no passengers died in
train collision or derailments in 2006,
12 passengers did in 2005. For this
reason, FRA continually works to
improve the safety of passenger rail
operations. FRA’s efforts include
sponsoring the research and
development of safety technology,
providing technical support for industry
specifications and standards, and
engaging in cooperative rulemaking
efforts with key industry stakeholders.
FRA has focused in particular on
enhancing the crashworthiness of
passenger trains.
In a passenger train collision or
derailment, the principal
crashworthiness risks that occupants
face are the loss of safe space inside the
train from crushing of the train structure
and, as the train decelerates, the risk of
secondary impacts with interior
surfaces. Therefore, the principal goals
of the crashworthiness research
sponsored by FRA are twofold: First, to
preserve a safe space in which
occupants can ride out the collision or
derailment, and, then, to minimize the
physical forces to which occupants are
subjected when impacting surfaces
inside a passenger car as the train
decelerates. Though not a part of this
NPRM, other crashworthiness research
focuses on related issues such as fuel
tank safety, for equipment with a fuel
tank, and the associated risk of fire if the
fuel tank is breached during the
collision or derailment.
The results of ongoing research on cab
car and MU locomotive front-end frame
structures help demonstrate both the
effectiveness and the practicality of the
structural enhancements proposed in
this NPRM to make this equipment
more crashworthy. This research is
discussed below, along with other
technical information providing the
background for FRA’s proposal.
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A. Predominant Types of Passenger Rail
Service
FRA’s focus on cab car and MU
locomotive crashworthiness should be
considered in the context of the
predominant types of passenger rail
service in North America. The first
involves operation of passenger trains
with conventional locomotives in the
lead, typically pulling consists of
passenger coaches and other cars such
as baggage cars, dining cars, and
sleeping cars. Such trains are common
on long-distance, intercity rail routes
operated by Amtrak. On a daily basis,
however, most passenger rail service is
provided by commuter railroads, which
typically operate one or both of the two
most predominant types of service:
Push-pull service and MU locomotive
service.
Push-pull service is passenger train
service typically operated in one
direction of travel with a conventional
locomotive in the rear of the train
pushing the consist (the ‘‘push mode’’)
and with a cab car in the lead position
of the train; and, in the opposite
direction of travel, the service is
operated with the conventional
locomotive in the lead position of the
train pulling the consist (the ‘‘pull
mode’’) and with the cab car in the rear
of the train. (A cab car is both a
passenger car, in that it has seats for
passengers, and a locomotive, in that it
has a control cab from which the
engineer can operate the train.) Control
cables run the length of the train, as do
electrical lines providing power for
heat, lights, and other purposes.
MU locomotive service is passenger
rail service involving trains consisting
of self-propelled electric or diesel MU
locomotives. MU locomotives typically
operate semi-permanently coupled
together as a pair or triplet with a
control cab at each end of the consist.
During peak commuting hours, multiple
pairs or triplets of MU locomotives, or
a combination of both, are typically
operated together as a single passenger
train in MU service. This type of service
does not make use of a conventional
locomotive as a primary means of
motive power. MU locomotive service is
very similar to push-pull service as
operated in the push mode with the cab
car in the lead.
By focusing on enhancements to cab
car and MU locomotive
crashworthiness, FRA seeks to enhance
the safety of the two most typical forms
of passenger rail service in the U.S.
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B. Front-End Frame Structures of Cab
Cars and MU locomotives
Structurally, MU locomotives and cab
cars built in the same period are very
similar, and both are designed to
transport and be occupied by
passengers. The principal distinction is
that cab cars do not have motors to
propel themselves. Unlike MU
locomotives and cab cars, conventional
locomotives are not designed to be
occupied by passengers—only by
operating crewmembers. Concern has
been raised about the safety of cab carled and MU locomotive train service
due to the closer proximity of the
engineer and passengers to the leading
end of the train than in conventional
locomotive-led service.
The principal purpose of cab car and
MU locomotive end frame structures is
to provide protection for the engineer
and passengers in the event of a
collision where the superstructure of the
vehicle is directly engaged and the
underframe is either not engaged or only
indirectly engaged in the collision. In
the event of impacts with objects above
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the underframe of a cab car or MU
locomotive, the end frame members are
the primary source of protection for the
engineer and the passengers. There are
various types of cab cars and MU
locomotives in current use. As
discussed below, a flat-nosed, singlelevel cab car has been used for purposes
of FRA-sponsored crashworthiness
research. (The cab car was originally
constructed as an MU locomotive but
had its traction motors removed for
testing.) Flat-nosed designs are
representative of a large proportion of
the cab car and MU locomotive fleet.
In a typical flat-nosed cab car, the end
frame is composed of several structural
elements that act together to resist
inward deformations under load. The
base of the end frame structure is
composed of the end/buffer beam,
which is directly connected to the draft
sill of the vehicle. For cars that include
stepwells, the side sills of the
underframe generally do not directly
connect to the end/buffer beam. There
are four major vertical members
connected to the end/buffer beam: two
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collision posts located approximately at
the one-third points along the length of
the beam, and two corner posts located
at the outermost points of the beam.
These structural elements are also
connected together through two
additional lateral members: a lateral
member/shelf located just below the
window frame structure, and an antitelescoping plate at the top. The
attachment of the end frame structure to
the rest of the vehicle typically occurs
at three locations. The first location is
at the draft sill at the level of the
underframe. This is the main
connection where a majority of any
longitudinal load applied to the end
frame is reacted into the underframe of
the vehicle. There are two other
connections at the cant/roof rail located
at either side of the car just below the
level of the roof. When a longitudinal
load is applied to the end frame, it is
reacted by the draft sill and the cant
rails into the main carbody structure. A
schematic of a typical arrangement is
depicted in Figure 1.
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C. Accident History
In a collision involving the front end
of a cab car or an MU locomotive, it is
vitally important that the end frame
behaves in a ductile manner, absorbing
some of the collision energy in order to
maintain sufficient space in which the
engineer and passengers can ride out the
event. An example of a collision where
the end frame did not effectively absorb
collision energy occurred in Portage, IN,
in 1998 when a NICTD train consisting
of MU locomotives struck a tractortandem trailer carrying steel coils that
had become immobilized on a grade
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crossing.1 The leading MU locomotive
impacted a steel coil at a point centered
on one of its collision posts, the
collision post failed, and the steel coil
penetrated into the interior of the
locomotive, resulting in three fatalities.
Little of the collision energy was
absorbed by the collision post, because
the post had failed before it could
deform in any significant way.
There are additional examples of
incidents where the end frame of a cab
car or an MU locomotive was engaged
during a collision and a loss of
survivable volume ensued due to the
failure of end frame structures. As
detailed in the NTSB accident reports
referenced below, one such incident
was the 1996 Secaucus, NJ collision
between a cab car-led consist with a
conventional locomotive-led consist,2 in
which the right corner post of the cab
car and its supporting end frame
structure had separated from the car.
1 National Transportation Safety Board,
‘‘Collision of Northern Indiana Commuter
Transportation District Train 102 with a TractorTrailer Portage, Indiana, June 18, 1998,’’ RAR–99–
03, 07/26/1999.
2 National Transportation Safety Board, ‘‘Railroad
Accident Report: Near Head-On Collision and
Derailment of Two New Jersey Transit Commuter
Trains Near Secaucus, New Jersey, February 9,
1996,’’ RAR–97–01, 03/25/1997.
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Another such incident was the 1996
Silver Spring, MD collision between a
cab car-led consist with a locomotiveled consist, in which the cab car’s left
corner post and its supporting end
frame structure had separated from the
car.3 Although the speeds associated
with certain past events are greater than
what can be fully protected against, and
even though enhancements to passenger
train emergency features and other
requirements unrelated to
crashworthiness, such as fire safety,
may overall do as much or more to
prevent or mitigate the consequences of
these types of events, they do provide
indicative loading conditions for
developing structural enhancements
that can improve crashworthiness
performance.
FRA also notes that on January 26,
2005 in Glendale, CA, a collision
involving an unoccupied sport utility
vehicle (SUV) that was parked on the
track, two Metrolink commuter trains,
and a standing freight train resulted in
11 deaths and numerous injuries. Eight
of the fatalities occurred on a cab carled passenger train which derailed after
striking the SUV, causing the cab car to
be guided down a railroad siding, which
resulted in an impact at an approximate
speed of 49 mph with the standing
freight train. After the collision with the
standing freight train, the rear end of the
lead cab car buckled laterally,
obstructing the right-of-way of an
oncoming, conventional locomotive-led
passenger train. The rear end of the cab
car raked the side of the conventional
locomotive-led train, which was moving
at an approximate speed of 51 mph,
crushing occupied areas of that train.
This incident involved enormous
quantities of kinetic energy, and the
underframe of the leading cab car
crushed more than 20 feet inward.
Because the strength of the end frame is
ultimately dependent on the strength of
the underframe, which failed, stronger
collision posts and corner posts on the
front end of the leading cab car would
have been, in themselves, of little
benefit in absorbing the collision
energy. For this reason, as discussed
below, FRA has been exploring other
crashworthiness strategies, such as
CEM, to help mitigate the effects of
collisions involving higher impact
speeds. Nevertheless, CEM will also
require proper end frame performance
in order to function as intended.
3 National Transportation Safety Board,
‘‘Collision and Derailment of Maryland Rail
Commuter MARC Train 286 and National Railroad
Passenger Corporation AMTRAK Train 29 Near
Silver Spring, Maryland, February 16, 1996,’’ RAR–
97–02, 06/17/1997.
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D. FRA and Industry Standards for
Front-End Frame Structures of Cab Cars
and MU Locomotives
Both the Federal government and the
passenger railroad industry have been
working together to improve the
crashworthiness of cab cars and MU
locomotives. As noted above, in 1999,
after several years of development and
in consultation with a working group
comprised of key industry stakeholders,
FRA promulgated the Passenger
Equipment Safety Standards final rule.
The rule included end frame structure
requirements and other
crashworthiness-related requirements
for cab cars, MU locomotives, and other
passenger equipment. In particular, the
final rule provided for strengthened
collision posts for new cab cars and MU
locomotives (i.e., those ordered on or
after September 8, 2000, or placed in
service for the first time on or after
September 9, 2002).
APTA also issued industry standards
in 1999, in furtherance of its initiative
to continue the development and
maintenance of voluntary industry
standards for the safety of railroad
passenger equipment. In particular,
APTA Standards SS–C&S–013–99 and
SS–C&S–014–99 included provisions on
end frame designs for cab cars and MU
locomotives.4 Specifically, APTA’s
standards included increased industry
requirements for the strength of cab car
and MU locomotive vertical end frame
members—collision posts and corner
posts. The 1999 APTA standards also
included industry requirements for the
deformation of these end frame vertical
members, specifying that they must be
able to sustain ‘‘severe deformation’’
before failure of the connections to the
underframe and roof structures.
In January 2000, APTA requested that
FRA develop information on the
effectiveness of APTA’s then-recently
introduced Manual of Standards and
Recommended Practices for passenger
rail equipment, which included APTA
SS–C&S–013–99 and APTA SS–C&S–
014–99, and FRA’s then-recently issued
Passenger Equipment Safety Standards
rule. This review was intended to look
in particular at what increase in
crashworthiness was obtained for cab
cars and MU locomotives through the
combination of these standards and
regulations. FRA shared APTA’s interest
and included full-scale impact tests and
associated planning and analysis
activities in its overall research plan to
gather this information. FRA then
4 American Public Transportation Association,
Member Services Department, Manual of Standards
and Recommended Practices for Passenger Rail
Equipment, Issue of July 1, 1999.
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developed the details of the testing
process in conjunction with APTA’s
Passenger Rail Equipment Safety
Standards (PRESS) ConstructionStructural (C&S) Subcommittee.
Around this same time, questions
arose in the passenger rail industry in
applying the APTA standards for
collision posts and corner posts to new
cab cars and MU locomotives. Views
differed as to what the standards
actually specified-namely, the meaning
of ‘‘severe deformation’’ in the
provisions calling for corner and
collision posts to sustain ‘‘severe
deformation’’ before failure of the posts’
attachments. Consequently, there was
not common agreement as to whether
particular designs met the standards. On
May 22, 2003, APTA’s PRESS
Committee accepted the
recommendation of its C&S
Subcommittee to replace these
provisions in the standards with a
recommended practice that the corner
and collision post attachments be able
to sustain minimum prescribed loads
with negligible deformation.5 Both
APTA Standards SS–C&S–013–99 and
SS–C&S–014–99 were then otherwise
incorporated in their entirety into APTA
SS–C&S–034–99, Standard for the
Design and Construction of Passenger
Railroad Rolling Stock. (APTA
combined these and other structural
standards for the design of rail
passenger equipment into a single
document, for ease of reference for
railroads and car builders.)
Nevertheless, when the decision to
turn these provisions into a
recommended practice was made,
ongoing research from full-scale impact
tests was showing that a substantial
increase in cab car and MU locomotive
crashworthiness could be achieved by
designing the posts to first deform and,
thereby, absorb collision energy before
failing.6 As discussed below, in August
2005, APTA’s PRESS C&S
Subcommittee accepted a revised
‘‘severe deformation’’ standard for
collision and corner posts. The standard
includes requirements for minimum
energy absorption and maximum
deflection. The standard thereby
eliminates a deficiency in the 1999
APTA standards by specifying test
criteria to objectively measure ‘‘severe
5 American Public Transportation Association,
Member Service Department, Manual of Standards
and Recommended Practices for Passenger Rail
Equipment, Issue of May 1, 2004.
6 Mayville, R., Johnson, K., Tyrell, D.,
Stringfellow, R., ‘‘Rail Vehicle Cab Car Collision
and Corner Post Designs According to APTA S–034
Requirements,’’ American Society of Mechanical
Engineers, Paper No. MECE2003–44114, November
2003.
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deformation.’’ This NPRM proposes to
codify this standard.
E. Testing of Front-End Frame
Structures of Cab Cars and MU
locomotives
This section summarizes the work
done by FRA and the passenger rail
industry on developing the technical
information to make recommendations
for regulations requiring that corner and
collision posts in cab car and MU
locomotive front-end frames fail in a
controlled manner when overloaded.
Due to the collaborative work of FRA
with the passenger rail industry,
APTA’s current passenger rail
equipment standards include
deformation requirements, which
prescribe how these vertical members
should perform when overloaded.
1. Designs Evaluated by FRA
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Two end frame designs were
developed for purposes of evaluating
incremental improvements in the
crashworthiness performance, in
highway-rail grade crossing collision
scenarios, of modern corner and
collision post designs when compared
against the performance of older
designs. The first end frame design was
representative of typical designs of
passenger rail vehicles in the 1990s
prior to 1999. (The first end frame
design is referred to as the ‘‘1990s
design.’’) The second end frame design
incorporated all the enhancements
required beginning in 1999 by FRA’s
Passenger Equipment Safety Standards
rule in part 238 and also recommended
beginning in 1999 by APTA’s standards
for corner post and collision post
structures, respectively, SS–C&S–013
and SS–C&S–014. (The second end
frame design is referred to as the Stateof-the-Art (SOA) design.) The two end
frame designs developed were then
retrofitted onto two Budd Pioneer
passenger rail cars for testing.
The SOA design differed principally
from the 1990s design by having higher
values for static loading of the end
structure and by specifically addressing
the performance of the collision and
corner posts when overloaded. As noted
above, the 1999 APTA standards for cab
car and MU locomotive end structures
included the following statement for
both corner and collision posts:
[The] post and its supporting structure
shall be designed so that when it is
overloaded * * * failure shall begin as
bending or buckling in the post. The
connections of the post to the supporting
structure, and the supporting car body
structure, shall support the post up to its
ultimate capacity. The ultimate shear and
tensile strength of the connecting fasteners or
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welds shall be sufficient to resist the forces
causing the deformation, so that shear and
tensile failure of the fasteners or welds shall
not occur, even with severe deformation of
the post and its connecting and supporting
structural elements.
(See paragraph 4.1 of APTA SS–C&S–
013–99, and paragraph 3.1 of APTA SS–
C&S–014–99.) Although the term
‘‘severe deformation’’ was not
specifically defined in the APTA
standards, discussions with APTA
technical staff led to specifying ‘‘severe
deformation’’ in the SOA design as a
horizontal crush of the corner and
collisions posts for a distance equal to
the posts’ depth. Some failure of the
parent material in the posts was
allowable, but no failure would be
allowed in the welded connections, as
the integrity of the welded connections
prevents complete separation of the
posts from their connections.
An additional difference in the
designs was the exclusion of the
stepwells for the SOA design, to allow
for extended side sills from the body
bolster to the end/buffer beam. By
bringing the side sills forward to
support the end/buffer beam directly at
the corners, the end/buffer beam can be
developed to a size similar to the one for
the 1990s design. In fact, recent cab car
procurements have provided for
elimination of the stepwells at the ends
of the cars.
As compared to the 1990s design, the
SOA design had the following
enhancements: More substantial corner
posts; a bulkhead sheet connecting the
collision and corner posts, extending
from the floor to the transverse member
connecting the posts; and a longer side
sill that extended along the engineer’s
compartment to the end beam, removing
the presence of a stepwell. In addition
to changes in the cross-sectional sizes
and thickness of some structural
members, another change in the SOA
design was associated with the
connection details for the corner posts.
In comparison to the corner posts, the
collision posts of both the 1990s and
SOA designs penetrated both the top
and bottom flanges of both the end/
buffer beam and the anti-telescoping
plate. This was based upon typical
practice in the early 1990s for the 1990s
design, and a provision in the APTA
standard for the SOA design. Yet, the
corner posts differed in that the corner
posts for the 1990s design did not
penetrate both top and bottom flanges of
the end/buffer and anti-telescoping
beams, while those in the SOA design
did. The SOA design therefore had a
significantly stiffer connection that was
better able to resist torsional loads
transferred to the anti-telescoping plate.
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2. FRA Dynamic Impact Testing
Two full-scale, grade crossing impact
tests were conducted as part of an
ongoing series of crashworthiness tests
of passenger rail equipment. The grade
crossing tests were designed to address
the concern of occupant vulnerability to
bulk crushing resulting from offset/
oblique collisions where the primary
load-resisting-structure is the
equipment’s end frame design. Both
tests were conducted in June 2002, and
in each test a single cab car impacted a
40,000-lb steel coil resting on a frangible
table at a nominal speed of 14 mph. The
steel coil was situated such that it
impacted the corner post above the cab
car’s end sill. The principal difference
between the two tests involved the end
frame design tested: in one test, the cab
car was fitted with the 1990s end frame
design; in the other, the cab car was
fitted with the SOA end frame design.
Prior to the tests, the crush behaviors
of the cars and their dynamic responses
were simulated with car crush and
collision dynamics models. The car
crush model was used to determine the
force/crush characteristics of the corner
posts, as well as their modes of
deformation.7 The collision dynamics
model was used to predict the extent of
crush of the corner posts as a function
of impact velocity, as well as the threedimensional accelerations, velocities,
and displacements of the cars and coil.8
Pre-test analyses of the models were
used in determining the initial test
conditions and instrumentation test
requirements.
The impact speed of approximately 14
mph for both tests was chosen so that
there would be significant intrusion
(more than 12 inches) into the
engineer’s cab in the test of the 1990s
design, and limited intrusion (less than
12 inches) in the test of the SOA design.
This 12-inch deformation metric was
chosen to demarcate the amount of
intrusion that leaves sufficient space for
the engineer to ride out the collision
safely.
During the full-scale tests, the impact
force transmitted to the 1990s design
end structure exceeded the corner post’s
predicted strength, and the corner post
separated from its upper attachment.
Upon impact, the corner post began to
hinge near the contact point with the
coil; subsequently, tearing at the upper
connection occurred. The intensity of
7 Martinez, E., Tyrell, D., Zolock, J., ‘‘Rail-Car
Impact Tests with Steel Coil: Car Crush,’’ American
Society of Mechanical Engineers, Paper No.
JRC2003–1656, April 2003.
8 Jacobsen, K., Tyrell, D., Perlman, A.B., ‘‘Rail-Car
Impact Tests with Steel Coil: Collision Dynamics,’’
American Society of Mechanical Engineers, Paper
No. JRC2003–1655, April 2003.
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More than 30 inches of deformation
occurred.
The SOA design performed very
closely to pre-test predictions made by
the finite element and collision
dynamics models. See Figure 2. The
SOA design crushed approximately 9
inches in the longitudinal direction.
Pre-test analyses for the 1990s design
using the car crush model and collision
dynamics model were in close
agreement with the measurements taken
during the actual testing of the cab car
end frame built to this design. The pretest analyses also nearly overlay the test
results for the force/crush characteristic
of the SOA design. As a result, FRA
believes that both sets of models are
capable of predicting the modes of
structural deformation and the total
amount of energy consumed during a
collision. Careful application of finiteelement modeling allows accurate
prediction of the crush behavior of rail
car structures.
Both the methodologies used to
design the cab car end frames and the
results of the tests show that significant
increases in rail passenger equipment
crashworthiness can be achieved if
greater consideration is given to the
manner in which structural elements
deform when overloaded. Modern
methods of analysis can accurately
predict structural crush (severe
deformation) and consequently can be
used with confidence to develop
structures that collapse in a controlled
manner. Modern testing techniques
allow the verification of the crush
behavior of such structures.
conducted with input from key industry
representatives, several passenger
railroads were incorporating in
procurement specifications the thennewly promulgated Federal regulations
and industry standards issued in 1999.
Specifically, both LIRR and Metro-North
had contracted with Bombardier for the
development of a new MU locomotive
design, the M7 series. Bombardier
conducted a series of qualifying quasistatic tests on a mock-up, front-end
structure of an M7, including a severe
deformation test of the collision post. In
addition to the severe deformation test,
the other end frame members were also
tested elastically at the enhanced loads
specified in the APTA standards. The
severe deformation qualification test
was conducted on February 20, 2001.
The quasi-static testing of the M7
collision post was conducted on a
mock-up test article. The first 19.25 feet
of the car structure was fabricated, from
the car’s body bolster to the front end,
so that the mock-up contained all
structural elements. Load was applied at
incrementally increasing levels with
hydraulic jacks while being measured
by load cells at the rear of the
longitudinal end frame members.
Initially, the elastic limit was
determined for the post, and then the
large deformation test was conducted.
The test was stopped, for safety
considerations, prior to full separation
of the collision post with the end/buffer
beam.
The maximum deflection in the
collision post before yielding occurred
at a position 42 inches above the end
beam, near the top of the plates used to
reinforce the collision post. The plastic
shape the collision post acquired during
testing was ‘V’-shaped, with a plastic
hinge occurring at 42 inches above the
end beam. Some cracking and material
failure occurred at the connection of the
post with the end beam. The antitelescoping plate was pulled down
roughly three inches, and load was shed
to the corner post via the shelf member
and the bulkhead sheet. The shape that
the collision post experienced is very
similar to what was observed from the
dynamic testing of the SOA corner post,
as discussed above.
3. Industry Quasi-Static Testing
While FRA’s full-scale, dynamic
testing program was being planned and
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4. Comparative Analyses
Under FRA sponsorship, the Volpe
Center, with cooperation from
Bombardier, conducted non-linear, large
deformation analyses to evaluate the
performance of the cab car corner and
collision posts of the SOA end frame
design and the Bombardier M7 design
under dynamic test conditions. One of
the purposes of this research was to
determine whether the level of
crashworthiness demonstrated by the
SOA prototype design could actually be
achieved by a general production
design—here, the M7 design. Pre-test
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the impact ultimately resulted in the
failure of the upper connection of the
corner post to the anti-telescoping plate.
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standard. For both sets of tests, the
modes of deformation were very similar
at the same extent of longitudinal
displacement, and the locations where
material failure occurred were also
similar. In addition, the predicted forcecrush characteristics showed reasonable
agreement within the repeatability of
the tests. Figure 3, below, shows a
comparison of the deformation modes
for the M7, as observed from the quasistatic testing and as predicted for the
dynamic coil loading condition.
As discussed above, APTA’s initial
‘‘severe deformation’’ standard,
published in 1999, did not contain
specific methodologies or criteria for
demonstrating compliance with the
standard. Consequently, the dynamic
tests performed by FRA and the Volpe
Center, static tests performed by
members of the rail industry, and
analyses conducted by the Volpe Center
and its contractors all helped to develop
the base of information needed to
identify the types of analyses and test
methodologies to use. Further,
evaluation of the test data, with the
analyses providing a supporting
framework, allowed development of
appropriate criteria to demonstrate
compliance.
The principal criteria developed
involve energy absorption through end
frame deformation and the maximum
amount of that deformation. As shown
by FRA and industry testing, energy can
be imparted to conventional flat-nosed
cab cars and MU locomotives either
dynamically or quasi-statically. As
shown by Volpe Center analyses,
currently available engineering tools can
be used to predict the results of such
tests. Given the complexity of such
analyses, and commensurate
uncertainties, there is a benefit to
maintaining dynamic testing as an
option for evaluating compliance with
any ‘‘severe deformation’’ standard.
There are tradeoffs between quasistatic and dynamic end frame testing of
cab cars and MU locomotives. Both sets
of tests prescribe a minimum amount of
energy for end frame deformation.
However, the manner in which the
energy is applied is different, and the
setup of the two types of tests is
different. As demonstrated by the tests
9 Martinez, E., Tyrell, D., Zolock, J. Brassard, J.,
‘‘Review of Severe Deformation Recommended
Practice Through Analyses—Comparison of Two
Cab Car End Frame Designs,’’ American Society of
Mechanical Engineers, Paper No. IMECE2005–
70043, March 2005.
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difference in performance is attributable
to the sidewall support in the M7
design, which is not present in the SOA
design.
Having established the fidelity of the
models and modeling approach, a
number of comparative simulations
were conducted of both the SOA end
frame and the M7 end frame under both
dynamic and quasi-static test conditions
to assess the equivalency of the two
different tests for demonstrating
compliance with the severe deformation
F. Approaches for Specifying Large
Deformation Requirements
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analysis predictions of the dynamic
performance of the SOA corner post
closely matched test measurements.9 A
similar analysis of the corner post was
performed on the M7 design, and the
results compared closely with the SOA
design test and analysis results. Overall,
the crashworthiness performance of the
collision posts of the SOA and M7
designs were found to be essentially the
same, and the M7 corner post design
was even found to perform better than
the SOA corner post design. This latter
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conducted by Bombardier, quasi-static
tests can be conducted by rail
equipment manufacturers at their own
facilities. Dynamic tests require a
segment of railroad track with
appropriate wayside facilities; there are
few such test tracks available.
Nevertheless, dynamic tests do not
require detailed knowledge of the car
structure to be tested, and allow for a
wide range of structural designs. Quasistatic tests require intimate knowledge
of the structure being tested, to assure
appropriate support and loading
conditions, and development of quasistatic test protocols requires
assumptions about the layout of the
structure, confining structural designs.
In addition, dynamic tests more closely
approximate accident conditions than
quasi-static tests do.
In August 2005, APTA’s PRESS C&S
Subcommittee accepted a revised
‘‘severe deformation’’ standard for
collision and corner posts. The standard
includes requirements for minimum
energy absorption and maximum
deflection. The form of the standard is
largely based on the testing done by
Bombardier, and therefore is quasistatic. The standard eliminates a
deficiency of the 1999 standards by
specifying test criteria to objectively
measure ‘‘severe deformation.’’ The
standard can be readily applied to
conventional flat-end cab cars and MU
locomotives, but is more difficult to
apply to shaped-nosed cab cars and MU
locomotives or those with crash energy
management designs.
In addition, APTA as well as several
equipment manufacturers have
expressed an interest in maintaining the
presence of a stairwell on the side of the
cab car or MU locomotive opposite from
where the locomotive engineer is
situated. This feature enables multilevel boarding from both low and higher
platforms. As such, FRA and the APTA
PRESS C&S group worked together to
develop language associated with
providing a safety equivalent to the
requirements stipulated for cab car and
MU locomotive corner posts in terms of
energy absorption and graceful
deformations. The group agreed that for
this arrangement there is sufficient
protection afforded by the presence of
two corner posts (an end corner post
and an internal adjacent body corner
post) that are situated in front of the
occupied space. The load requirements
stipulated for such posts differ in that
longitudinal requirements are not equal
to the transverse requirements. This in
effect changes the shape of these posts
so that they are not equal in both width
and height. For the end corner post the
longitudinal loads are smaller than the
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transverse loads. The opposite is true for
the body corner post. Despite the
changes in the loading requirements
from longitudinal to transverse, it was
agreed to allow for the combined
contribution of both sets of corner posts
to provide an equivalent level of
protection to that required for corner
posts in other cab car and MU
locomotive configurations. See the
discussion in the section-by-section on
the structural requirements for cab cars
and MU locomotives with a stairwell
located on the side of the equipment
opposite from where the locomotive
engineer is situated.
G. Crash Energy Management and the
Design of Front-End Structures of Cab
Cars and MU Locomotives
Research has shown that passenger
rail equipment crashworthiness in trainto-train collisions can be significantly
increased if the equipment structure is
engineered to crush in a controlled
manner. One manner of doing so is to
design sacrificial crush zones into
unoccupied locations in the equipment.
These crush zones are designed to crush
gracefully, with a lower initial force and
increased average force. With such
crush zones, energy absorption is shared
by multiple cars during the collision,
consequently helping to preserve the
integrity of the occupied areas. While
developed principally to protect
occupants in train-to-train collisions,
such crush zones can also potentially
significantly increase crashworthiness
in highway-rail grade-crossing
collisions.10
The approach of including crush
zones in passenger rail equipment is
termed CEM, and it extends from
current, conventional practice. Current
practice for passenger equipment
operated at speeds not exceeding 125
mph (i.e., Tier I passenger equipment
under part 238) requires that the
equipment be able to support large loads
without permanent deformation or
failure, but does not specifically address
how the equipment behaves when it
crushes. CEM prescribes that car
structures crush in a controlled manner
when overloaded and absorb collision
energy. In fact, for passenger equipment
operating at speeds exceeding 125 mph
but not exceeding 150 mph (i.e., Tier II
passenger equipment under part 238),
FRA requires that the equipment be
designed with a CEM system to
dissipate kinetic energy during a
collision, see § 238.403, and Amtrak’s
10 Tyrell, D.C., Perlman, A.B., ‘‘Evaluation of Rail
Passenger Equipment Crashworthiness Strategies,’’
Transportation Research Record No. 1825, pp. 8–14,
National Academy Press, 2003.
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Acela Express trainsets were designed
with a CEM system complying with this
requirement.
FRA notes that Metrolink is in the
process of procuring a new fleet of cars
utilizing CEM technology. As part of its
response to the Glendale, CA train
incident on January 26, 2005, Metrolink
determined that CEM design
specifications should be included in
this planned procurement, and, in
coordination with APTA, approached
FRA and FTA to draft such
specifications. In turn, FRA and FTA
formed the ad hoc Crash Energy
Management Working Group in May
2005. This working group included
government engineers and participants
from the rail industry, including
passenger railroads, suppliers, labor
organizations, and industry consultants,
many of whom also participated in the
Crashworthiness/Glazing Task Force.
The working group developed a detailed
technical specification for crush zones
in passenger cars for Metrolink to
include in its procurement
specification, as well as for other
passenger railroads to include in future
procurements of their own. Metrolink
released its specification as part of an
invitation for bid, and then awarded the
contract to manufacture the equipment
to Rotem, a division of Hyundai.
Rotem is currently developing a
shaped-nose, CEM design for new
Metrolink cab cars. Because of the
shaped-nose, it is more difficult to
engineer structural members identifiable
as full-height collision posts and corner
posts that extend from the underframe
to the cantrail or roofline at the front
end, as specified in the current APTA
standard. Consequently, to meet the
APTA standard, FRA believes that
Rotem will need to locate the collision
and corner posts inboard of the crush
zone, rather than place them at the
extreme front end of the cab car.
Further, as currently written, the APTA
quasi-static standard does not expressly
take into account the energy absorption
capability of the crush zone, even if the
crush zone would likely be engaged in
a grade-crossing impact. Although the
APTA standard acknowledges the use of
shaped-nose and CEM designs, there
remains uncertainty in the standard
associated with demonstration of
compliance with such designs. (The
APTA standard does provide that on
cars with CEM designs, compliance be
demonstrated either through analysis or
testing as agreed to by the vehicle
builder and purchaser, but no test
methodology or criteria are provided.)
A dynamic test standard would place
fewer constraints on the layout of the
cab car end structure and would allow
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the energy absorption capability of the
crush zone to be expressly taken into
account in the design of the collision
and corner post structures. As noted, the
NPRM provides an option for the
dynamic testing of cab cars and MU
locomotives. Nevertheless, FRA makes
clear that the Task Force did not reach
consensus on recommending the
inclusion of dynamic testing in this
NPRM. However, FRA believes that the
results of the crashworthiness research
discussed above provide strong support
for including dynamic testing in the
rule, and that it is particularly necessary
to address what FRA believes will be a
growing number of cab cars and MU
locomotives utilizing CEM designs. This
need has become more apparent since
the Task Force meetings occurred, and
FRA has scheduled additional, full-scale
crash testing to facilitate the use of both
quasi-static and dynamic test standards.
IV. Section-by-Section Analysis
Proposed Amendments to 49 CFR Part
238, Passenger Equipment Safety
Standards
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Subpart A—General
Section 238.13 Preemptive Effect
Existing § 238.13 informs the public
as to FRA’s views regarding the
preemptive effect of this part by citing
and restating the statutory provision
that governed the regulation’s
preemptive effect at the time that it was
promulgated (49 U.S.C. 20106). See 64
FR 25581. This statutory provision was
amended by the Homeland Security Act
of 2002, Pub. L. No. 107–296, 116 Stat.
2135, 2319 (November 25, 2002),
subsequent to the issuance of the May
12, 1999 final rule promulgating the
Passenger Equipment Safety Standards.
Consequently, FRA is proposing to
amend § 238.13 so that it is more
consistent with the revised statutory
language expressly addressing railroad
security.
As amended to date, 49 U.S.C. 20106
provides that all regulations and orders
prescribed or issued by the Secretary of
Transportation (with respect to railroad
safety matters) and the Secretary of
Homeland Security (with respect to
railroad security matters) preempt any
State law, regulation, or order covering
the same subject matter, except an
additional or more stringent provision
necessary to eliminate or reduce an
essentially local safety or security
hazard that is not incompatible with a
Federal law, regulation, or order and
that does not unreasonably burden
interstate commerce. The Congressional
intent behind the statute is to promote
national uniformity in railroad safety
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and security standards and to avoid
subjecting the railroads to a variety of
enforcement in 50 different State
judicial and administrative systems. The
courts have construed the ‘‘essentially
local safety or security’’ exception very
narrowly, holding that it is designed to
enable States to respond to local
situations which are not statewide in
character and not capable of being
adequately encompassed within
uniform national standards. With the
exception of such a provision directed
at an essentially local safety or security
hazard, 49 U.S.C. 20106 preempts any
State statutory, regulatory, or common
law standard covering the same subject
matter as a Federal law, regulation, or
order, including an FRA regulation or
order.
In addition, since issues have arisen
regarding the preemptive effect of this
part on the safety of operating a cab car
as the leading unit of a passenger train,
FRA believes that clarification of its
views on the matter is needed to address
any misunderstanding. As described
below, through a variety of initiatives
spanning more than a decade, FRA has
comprehensively and intentionally
covered the subject matter of the
requirements for passenger equipment,
planning for the safe use of passenger
equipment, and the manner in which
passenger equipment is used. In so
doing, FRA believes that it has
preempted any State law, regulation, or
order, including State common law,
concerning the operation of a cab car or
MU locomotive as the leading unit of a
passenger train. This NPRM on cab car
and MU locomotive crashworthiness
further refines FRA’s comprehensive
regulation of passenger equipment
safety and serves to show that the
operation of cab cars and MU
locomotives is a matter regulated by
FRA, and not one which FRA has left
subject to State statutory, regulatory, or
common law standards covering that
subject matter.
Emergency Order No. 20
In the wake of two serious accidents,
each involving a passenger train
operating with a cab car in the lead
position in ‘‘push-pull service,’’ FRA
issued Emergency Order No. 20 (EO 20)
on February 22, 1996 (61 FR 6876),
amended on March 5, 1996 (61 FR
8703). EO 20 generally required
passenger railroads operating push-pull
or MU locomotive service to have in
their operating rules a delayed-in-block
rule and a rule requiring
communication of wayside signals, and
required passenger railroads to mark
and test exits used for emergency egress.
EO 20 also required passenger railroads
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which operated push-pull or MU
locomotive service to develop and
submit interim system safety plans for
the purpose of enhancing the safety of
such operations. FRA noted that it
would review the plans submitted and,
based on that review, it would
‘‘determine whether other mandatory
action appears necessary to address
hazards associated with the subject rail
passenger service.’’ 61 FR 6882. Thus,
FRA’s approach was to have passenger
railroads review their approach to pushpull and MU operations, and FRA
would then review the railroads’ plans
and determine what further action to
take. FRA ultimately did take further
action to regulate push-pull and MU
operations as part of its overall
regulation of passenger equipment
safety.
Passenger Safety Rulemakings
At the time EO 20 was issued in
February 1996, FRA had been moving
forward with rulemakings to establish
comprehensive safety standards for
railroad passenger equipment. As noted
above, the rulemakings arose out of the
Secretary of Transportation’s
commitment in 1994 to develop safety
standards for railroad passenger
equipment, soon followed by enactment
of the Federal Railroad Safety
Authorization Act of 1994. In Section
215 of the Act, Congress directed the
Secretary to specifically consider a
number of matters before prescribing
regulations, such as the crashworthiness
of the cars, interior features (including
luggage restraints, seat belts, and
exposed surfaces) that may affect
passenger safety, and any operating
rules and conditions that directly affect
safety not otherwise governed by
regulations. Congress granted the
Secretary the authority to make
applicable some or all of the standards
to cars existing at the time the
regulations were prescribed, as well as
to new cars. Moreover, as noted above,
Congress authorized the Secretary,
when prescribing regulations, issuing
orders, and making amendments under
this section, to consult with Amtrak,
public authorities operating railroad
passenger service, other railroad carriers
transporting passengers, organizations
of passengers, and organizations of
employees. 49 U.S.C. 20133. As
delegated from the Secretary, FRA has
exercised these grants of authority.
Passenger Train Emergency
Preparedness
Using the consultative authority
granted by Congress, FRA convened the
first meeting of the Passenger Train
Emergency Preparedness Working
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Group in August 1995, focused on the
development of emergency
preparedness planning requirements for
commuter and intercity passenger train
operations. The rulemaking culminated
in the publication of a final rule on
Passenger Train Emergency
Preparedness on May 4, 1998. 63 FR
24630.
As described above, this regulation
requires railroads that operate intercity
or commuter passenger train service or
that host the operation of such service
to adopt and comply with written
emergency preparedness plans
approved by FRA. In addition, as noted
above, the regulation specifies marking
and instruction requirements for
emergency window and door exits, and
provides for the inspection,
maintenance, and repair of emergency
window and door exits. The regulation
therefore codified and expanded EO
20’s requirements to mark and inspect
emergency exits.
In formalizing a planning requirement
for emergency preparedness, FRA
acknowledged that the plans would be
integrated into commuter railroads’
overall system safety planning efforts.
63 FR at 24636. FRA announced that it
would monitor the implementation of
the rule and evaluate whether further
rulemaking or other action were
necessary to achieve the desired
improvements in emergency
preparedness. Id.
Passenger Equipment Safety Standards
Using the same consultative authority
granted by Congress, FRA convened the
first meeting of the Passenger
Equipment Safety Standards Working
Group in June 1995, as mentioned
above. Thereafter in June 1996, FRA
issued an ANPRM on Passenger
Equipment Safety Standards. 61 FR
30672. In that notice, FRA stated its
views and solicited comments on
possible safety regulations, including
requirements addressing inspection,
testing, and maintenance procedures,
equipment design and performance
criteria related to passenger and crew
survivability in the event of a train
accident, and the safe operation of
passenger train service. FRA considered
system safety planning to be the heart of
its approach to passenger equipment
safety. 61 FR 30684.
In the ANPRM, FRA stressed the need
for flexibility in the development of
system safety plans, noting that they
could range from a relatively simple
document to a detailed document laying
out a comprehensive approach for
designing, testing, and operating stateof-the-art high-speed passenger rail
systems. In this regard, FRA provided
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an example of how system safety could
be approached, breaking down the
railroad system into four major
component systems: interfaces; right-ofway; equipment; and transportation. 61
FR 30685. FRA noted that many
passenger railroads operate at least
partially as a tenant on the right-of-way
and property of another railroad, and
may have little or no control over some
of the major risk components of the risk
analysis, such as the interfaces and
right-of-way components. 61 FR 30686.
Nevertheless, FRA explained that the
‘‘systems’’ methodology still has
considerable merit when applied to the
remaining subsystems, in that the
analysis could help define the
equipment crashworthiness features
required for its intended purpose or the
operational limitations needed to
improve or retain safety levels, but that
a true system safety approach cannot be
applied to a system that has major risk
components that are constrained.
FRA also solicited comments on
various aspects of system safety
planning, including information
regarding any existing plans in use at
the time. FRA was particularly
interested in ways to tailor system safety
programs to fit individual situations, so
that the process made good business
sense and addressed safety needs, and
was not a regulatory burden that did not
benefit safety.
Following the consideration of
comments received on the ANPRM and
recommendations of the Working
Group, FRA issued an NPRM to
establish comprehensive safety
standards for passenger equipment,
including cab cars, as discussed above.
62 FR 49728; September 23, 1997.
Among FRA’s proposals in the NPRM
were requirements for system safety
plans and programs which would apply
to both Tier I and Tier II passenger
equipment. FRA indicated that through
the system safety process, railroads
would be required to identify, evaluate,
and seek to eliminate or reduce the
hazards associated with the use of
passenger equipment over the railroad
system. FRA noted that the importance
of system safety planning had been
recognized in EO 20, and that the
commuter railroads had subsequently
committed to the development of
comprehensive system safety plans,
which went beyond the limited scope of
the interim system safety plans that had
been required by EO 20. 62 FR 49733.
In the NPRM, FRA explained that
while consensus was reached within the
Working Group on system safety
planning requirements as they would
apply to Tier II passenger equipment,
the Working Group did not reach
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consensus on the requirements as they
would apply to Tier I passenger
equipment. 62 FR 49760. Although the
Working Group agreed that passenger
rail systems should apply system safety
planning to Tier I passenger equipment,
some members of the Working Group
questioned whether this should be
required by law. In particular, FRA
noted the position of the American
Public Transit Association (now
American Public Transportation
Association, APTA), which objected to
FRA’s regulation of any aspect of system
safety planning. 62 FR 49734. APTA
suggested that the commuter railroads
be allowed to regulate themselves in
this area because the system safety
efforts they were undertaking were more
comprehensive in nature than anything
FRA sought to require, and were not
limited to rail equipment issues. FRA
therefore invited comment on APTA’s
suggestion and on a number of other
issues with respect to system safety
planning requirements, so that it could
decide what approach to take in the
final rule with respect to system safety
plans. In addition, FRA proposed
numerous other requirements for the
safe operation of passenger train service,
including equipment design and
performance criteria related to
passenger and crew survivability in the
event of a train accident, and
inspection, testing, and maintenance
procedures.
FRA received extensive comments on
the NPRM, including comments
regarding the question of system safety
planning. Some comments suggested
that system safety planning should be
completely voluntary, to allow for
maximum flexibility. Other
commenters, however, argued that FRA
had to prescribe specific mandatory
requirements for those aspects of system
safety that it chose to address. All of the
comments received on the proposed
rule, both written and oral, were
considered by FRA in promulgating the
final rule on May 12, 1999. 64 FR 25540.
FRA’s ultimate regulatory decision in
issuing a final rule on passenger
equipment safety standards was to
address only certain aspects of system
safety planning, focused primarily on
rail passenger equipment, rather than to
require generally that the railroads
implement comprehensive system safety
plans. 64 FR 25549. While FRA
acknowledged that the plans required
by the regulation would be part of larger
system safety planning efforts, only the
elements specifically addressed in the
rule would be enforced. As with most of
FRA’s regulations, the final rule
prescribed minimum Federal safety
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standards and did not restrict a railroad
and other persons subject to the
regulation from adopting additional or
more stringent requirements not
inconsistent with the final rule. 64 FR
25575.
FRA made a conscious decision to
regulate in a way that allowed greater
flexibility in overall system safety
planning for Tier I passenger
equipment, stating in the final rule that:
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FRA will closely monitor Tier I railroad
operations in their development and
adherence to voluntary, comprehensive
system safety plans. FRA has already
established a liaison relationship with APTA
and has already begun participating in
system safety plan audits on commuter
railroads. FRA is using this involvement to
enrich FRA’s Safety Assurance and
Compliance Program (SACP) efforts on these
railroads-which, unlike the triennial audit
process for system safety plans, is a
continuous activity with frequent onproperty involvement by FRA safety
professionals. FRA will reconsider its
decision not to impose a general requirement
for system safety plans on Tier I railroad
operations if the need to do so arises. 64 Fed.
Reg. at 25549.
FRA’s participation in the APTA
audit process was intended to
complement FRA’s regulatory
requirements, and other initiatives such
as the SACP process. It was not,
however, a delegation of responsibility
to the industry to regulate itself.
FRA did not impose system safety
planning requirements that specifically
addressed push-pull or MU locomotive
operations for Tier I passenger
equipment. However, FRA considered
the proper scope of system safety
planning requirements that it should
impose for such operations, and chose
not to impose general system safety
requirements for this equipment.
Instead, in the 1999 final rule FRA
imposed a myriad of substantive
requirements intended to ensure the
safety of the equipment in whatever
operational mode it is used. For
instance, using the statutory authority to
apply requirements of the final rule to
existing passenger equipment, FRA
generally required that all Tier I
passenger equipment, including both
new and existing cab cars, have a
minimum buff strength of 800,000
pounds, as specified in 49 CFR 238.203.
FRA also noted that these substantive
requirements, like the system safety
planning requirements, might be further
addressed in subsequent rulemaking.
For example, FRA specifically stated in
the final rule that additional effort
needed to be made to enhance corner
post safety standards for cab cars and
MU locomotives—leading to the NPRM
that FRA is issuing today. 64 FR at
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25607. However, FRA made clear that
the very fact that it identified the
possibility of specifying additional
regulations did not nullify the
preemptive effect of the final rule, both
in terms of the issues addressed by the
specific requirements imposed, and
those as to which FRA considered
specific requirements but ultimately
chose to allow a more flexible approach.
FRA extended additional
requirements to Tier II passenger
equipment, both in terms of system
safety planning and substantive
requirements that eliminated the
possibility of operating Tier II passenger
equipment in the push-pull mode, or in
any mode with passengers occupying
the leading car in a train. In addition to
the specific system safety planning
requirements generally applicable to all
passenger equipment (fire safety;
hardware and software safety;
inspection, testing, and maintenance;
training, qualifications, and
designations; and pre-revenue service
testing), FRA required additional system
safety planning for Tier II passenger
equipment. Railroads are required to
have a written plan for the safe
operation of the equipment, both prior
to its operation and also before
introducing new technology in the
equipment that affects a safety system
on the equipment. These plans may be
combined with the other plans required
for all passenger equipment. See 64 FR
25646–25647; 49 CFR 238.601 and
238.603. Although the rule does not
require FRA approval of the plans, it
does generally require FRA approval of
Tier II passenger equipment operations,
pursuant to 49 CFR 238.111(b)(7).
FRA also adopted structural
requirements for Tier II passenger
equipment that require the equipment to
withstand collision forces not possible
for conventional cab cars or MU
locomotives to withstand, thus
effectively prohibiting the use of such
equipment in Tier II passenger trains.
FRA specifically stated with regard to
Tier II passenger equipment that the
crash energy management requirements
‘‘will effectively prevent a conventional
cab car from operating as the lead
vehicle in a Tier II passenger train
because such equipment cannot absorb
5 MJ of collision energy ahead of the
train operator’s position.’’ 64 FR at
25630. Morever, FRA expressly
prohibited passenger seating in the
leading unit of Tier II passenger trains,
see 49 CFR 238.403(f), which, in turn,
effectively prohibits the operation of
push-pull or MU locomotive servicemethods of operation in which
passengers can occupy the lead unit of
a train. In fact, FRA specifically stated
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that cab cars ‘‘should not be used in the
forward position of a train that travels
at speeds greater than 125 mph.’’ Id.
FRA imposed no such prohibition on
passenger seating in the lead unit of a
Tier I passenger train.
FRA’s decisions to require more
general system safety planning for Tier
II passenger operations, and to impose
substantive requirements that in both
effect and application prohibit
passenger seating in the leading unit of
Tier II passenger trains, make clear that
these issues were carefully considered
in the 1999 final rule. Of course, by
virtue of imposing stricter standards on
Tier II passenger equipment than Tier I
passenger equipment, FRA did not
intend States to step in and regulate Tier
I passenger equipment. On the contrary,
FRA recognized the operational
differences between Tier I and Tier II
passenger equipment, and purposely
chose to address these two types of
equipment differently. Where FRA has
prohibited one thing and chosen not to
prohibit another, such as prohibiting
cab car-forward operations for Tier II
and not for Tier I, FRA intended to
allow a railroad to do that which FRA
did not prohibit. FRA’s regulatory
choice was intended to be preemptive of
State standards with regard to both Tier
I and Tier II passenger equipment.
As FRA understands the Supreme
Court’s standard for covering the subject
matter, State or local governments,
courts or litigants may not carve out
subsets of subject matters FRA has
covered. Accordingly, when FRA has
regulated the construction of a railcar,
FRA clearly permits its operation on the
general system of railroad transportation
unless FRA explicitly sets limits on its
operation, and State or local
governments may not prohibit certain of
those operations or impose an
independent duty of care with respect to
those operations. FRA’s comprehensive
regulation of this area has covered the
subject matter of all aspects of the safe
operation of cab cars and MU
locomotives, leaving no room for State
standards. States are free of course to
craft standards to address the extremely
rare ‘‘essentially local safety or security
hazard,’’ so long as the standards
otherwise meet the three part test of 49
U.S.C. 20106.
Nevertheless, as explained below, a
State or local entity which owns or
controls a railroad may direct that
railroad to exceed FRA’s requirements,
provided that it does so in a capacity
that is wholly distinct, and does not
derive, from the statutory provision
governing the preemptive effect of
FRA’s regulation of this area. Commuter
rail service is typically provided by
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public benefit corporations chartered by
State or local governments, whereas
freight rail service is provided almost
exclusively by non-governmental
entities. Just as the owner of a freight
railroad may direct that its railroad’s
operations exceed FRA’s minimum
safety standards, so may a State or local
body, acting through the public benefit
corporation that it has chartered, direct
its railroad to operate in a manner more
restrictive than, but not inconsistent
with, FRA’s requirements. FRA makes
clear that, when a State or local
government entity acts in this capacity,
it is not acting as a regulator of railroad
operations. It is effectively acting in a
private capacity concerning the
operation of its own railroad, and the
fact that it is a public entity does not
somehow change its action into a law,
regulation, or order related to railroad
safety or security that invokes the
statutory provision governing the
preemptive effect of FRA’s regulation of
this area. A State or local entity’s ability
to act in this capacity concerning its
own railroad is wholly distinct, and
does not derive, from any provision of
49 U.S.C. 20106.
Because FRA’s safety standards are
minimum safety standards, a State or
local entity’s ability to act in this
manner is the same ability that a nongovernmental entity which owns a
freight railroad would have, should it
decide to provide passenger service, to
direct its passenger operations in a
manner more stringent than, but not
inconsistent with, FRA’s requirements.
The fact that a State or local entity is
involved—and not a private entity—
does not alter in any way FRA’s views
as to the preemptive effect of FRA’s
comprehensive regulation of passenger
equipment safety, and the safe operation
of cab cars and MU locomotives in
particular.
Similarly, where FRA has required
passenger railroads to engage in system
safety planning or has not required such
planning because the passenger
railroads, in FRA’s judgment, are doing
an adequate job of system safety
planning, FRA intends to preempt State
and local regulation precisely because
FRA has already decided what system
safety planning each railroad should be
doing based on its own circumstances.
The relevant circumstances vary more
widely among passenger railroads than
among freight railroads and, at this level
of specificity, the best and most
effective planning is aimed squarely at
the circumstances of each individual
passenger railroad. Therefore, State or
local regulation of such system safety
planning is also preempted.
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Further, FRA’s decision to revisit in
this NPRM subjects addressed in the
1999 final rule does not change the
preemptive effect of the comprehensive
requirements imposed in that rule. As
noted earlier, FRA’s recognition in the
1999 final rule that additional work
needed to be completed to enhance the
crashworthiness of cab cars and MU
locomotives does not nullify the
preemptive effect of the standards then
imposed for this equipment. In the same
way, FRA’s recognition in this NPRM
that fuller application of crash energy
management technologies to cab cars
and MU locomotives could enhance
their safety would not nullify the
preemptive effect of the standards
arising from the rulemaking. FRA
continually strives to enhance railroad
safety, has an active research program
focused on doing so, and sets safety
standards that it believes are necessary
and appropriate for the time that they
are issued with a view to amending
those standards as circumstances
change. The proposed imposition of
enhanced crashworthiness requirements
for cab cars and MU locomotives in Tier
I passenger trains, and the specific
recognition that this equipment will be
operated cab car forward in the push
mode, demonstrate that FRA has
imposed, and will continue to impose,
the requirements that it deems
necessary for the safe operation of cab
cars and MU locomotives in all of the
configurations in which they will be
operated. FRA is thoroughly familiar,
through the inspections it performs
regularly, with the physical properties
and operating characteristics of each
passenger railroad. FRA has applied that
knowledge in deciding to permit those
railroads to operate cab cars and MU
locomotives as the leading units of Tier
I passenger trains, and FRA is not aware
of any circumstances on any of those
passenger railroads which would
qualify under the statute as essentially
local safety or security hazards affecting
those operations.
Subpart C—Specific Requirements for
Tier I Passenger Equipment
Section 238.205 Anti-climbing
mechanism
FRA is proposing to amend paragraph
(a) of this section to correct an error in
the rule text. In the relevant part, this
paragraph currently states that ‘‘all
passenger equipment * * * shall have
at both the forward and rear ends an
anti-climbing mechanism capable of
resisting an upward or downward
vertical force of 100,000 pounds without
failure.’’ However, FRA had intended
that the words ‘‘without failure’’
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actually read as ‘‘without permanent
deformation,’’ as stated in the preamble
accompanying the issuance of this
paragraph. Specifically, FRA explained
in the accompanying preamble that the
anti-climbing mechanism must be
capable of resisting an upward or
downward vertical force of 100,000
pounds ‘‘without permanent
deformation.’’ See 64 FR 25604; May 12,
1999. Use of the ‘‘without permanent
deformation’’ criterion is consistent
with North American industry practice,
and FRA had not intended to relax that
practice. Consequently, FRA is
proposing to correct § 238.205(a) to
expressly require that the anti-climbing
mechanism be capable of resisting an
upward or downward vertical force of
100,000 pounds without permanent
deformation.
Section 238.211 Collision posts
FRA is proposing to adopt the
provisions of paragraphs (a) through (d)
of section 5.3.1.3.1, Cab-end collision
posts, of APTA Standard SS–C&S–034–
99, Rev. 1. FRA is also proposing to
modify these provisions for purposes of
their adoption as a Federal regulation.
This proposal would enhance current
requirements for collision posts at the
forward ends of cab cars and MU
locomotives. In sum, paragraph (b)
currently requires that each locomotive,
including a cab car and an MU
locomotive, ordered on or after
September 8, 2000, or placed in service
for the first time on or after September
9, 2002, have two collision posts at its
forward end, each post capable of
withstanding a 500,000-pound
longitudinal force at the point even with
the top of the underframe and a
200,000-pound longitudinal force
exerted 30 inches above the joint of the
post to the underframe. These
requirements were based on AAR
Standard S–580, and had been the
industry practice for all locomotives
built since August 1990. See 64 FR
25606. Subsequently, industry
standards for locomotive
crashworthiness have been enhanced,
with APTA focusing on standards for
passenger-occupied locomotives, i.e.,
cab cars and MU locomotives, and the
AAR focusing on standards for freight
locomotives. The AAR’s efforts helped
support development of the Locomotive
Crashworthiness rulemaking, published
as a final rule on June 28, 2006. See 71
FR 36887. That final rule specifically
addresses the safety of freight
locomotives and does not apply to
passenger-occupied locomotives (i.e.,
cab cars and MU locomotives).
Nevertheless, FRA believes that
conceptual approaches taken in the
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Locomotive Crashworthiness final rule
are applicable to this rulemaking, as
discussed below. To clearly delineate
the relationship between the
Locomotive Crashworthiness final rule
and part 238, FRA proposes that a crossreference be inserted in the introductory
language of paragraph (b) to indicate
that as the locomotive requirements for
collision posts become effective for
locomotives manufactured on or after
January 1, 2009, those more stringent
requirements will apply to conventional
locomotives (though not to cab cars or
MU locomotives).
FRA is proposing to correct paragraph
(b)(2) so that the rule text is consistent
with the clear intent of the provision. As
explained in the preamble
accompanying the issuance of this
paragraph, paragraph (b)(2) provides for
the use of an equivalent end structure in
place of the two forward collision posts
described in paragraph (b)—specifically,
paragraphs (b)(1)(i) and (ii). See 64 FR
25606. However, the rule text makes
express reference only to the collision
posts in ‘‘paragraph (b)(1)(i) of this
section.’’ This provision was not
intended to be limited to the collision
posts described in paragraph (b)(1)(i)
alone, but instead to the collision posts
described in paragraph (b)(1) as a
whole—both paragraphs (b)(1)(i) and
(ii). FRA is, therefore, proposing to
correct this clear error in the rule text.
FRA is proposing to redesignate
current paragraph (c) as paragraph (d)
and add a new paragraph (c) in its place.
Specifically, proposed paragraphs
(c)(1)(i) and (ii) are similar to paragraphs
(b)(1)(i) and (ii). One principal
difference is that the proposed
regulation would require that each
collision post be able to support the
specified loads for angles up to 15° from
the longitudinal. In effect, this would
require each post to support a
significant lateral load, and is intended
to reflect the uncertainty in the
direction a load is imparted during an
impact. The proposed standard is also
intended to encourage the use of
collision posts with closed (e.g.,
rectangular) cross sections, rather than
with open (e.g., I-beam) cross sections.
Beams with open cross sections tend to
twist and bend across the weaker axis
when overloaded, regardless of the
direction of load. Beams with closed
cross sections are less likely to twist
when overloaded, and are more likely to
sustain a higher load as they deform,
absorbing more energy.
Proposed paragraph (c)(1)(iii) does not
have a counterpart in paragraph (b).
This paragraph would require that the
collision post be able to support a
60,000-pound longitudinal load applied
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anywhere along its length, from its
attachment to floor-level structure up to
its attachment to roof-level structure.
This proposed regulation is intended to
provide a minimum level of collision
post strength at any point along its full
height-not only at its connection to the
underframe or at 30 inches above that
point. The proposed requirement must
also be met for any angle within 15
degrees of the longitudinal axis.
Proposed paragraph (c)(2) would
require that each collision post also be
able to absorb a prescribed amount of
energy without separation from its
supporting structure. This proposed
requirement is intended to provide a
level of protection similar to the SOA
design, as discussed in the Technical
Background section of the preamble,
above. A quasi-static test, such as the
test conducted by Bombardier on the
M7 design, may be used to show
compliance, or the builder may utilize
the dynamic test method.
Designs without flat forward ends
include shaped-nosed designs such as
those by Colorado Railcar and, as
discussed above, the design being
developed by Rotem for Metrolink.
Because such designs place the engineer
back from the extreme forward end of
the vehicle, there is the potential for
significantly increased protection for the
engineer in collisions. In this regard,
FRA is proposing to add paragraph (e)
to require an equivalent structure to be
present in front of occupied space but
set back from the very end of the cab car
or MU locomotive. Such structures may
be part of the nose of the equipment or
the CEM system, or both. Paragraph (e)
would provide relief from utilization of
a traditional end frame structure
provided that an equivalent level of
protection is afforded by the
components of the CEM system. In the
FRA CEM design tested in March 2006,
the end frame structure was reinforced
in order to support the loads introduced
through the deformable anti-climber.
Significantly more energy was absorbed
in the deformation of the deformable
anti-climber than the combined
requirements outlined for both collision
and corner posts while preserving all
space for the locomotive engineer and
passengers. In the design under
development for Metrolink in southern
California, an equivalent end frame
structure is placed outboard of occupied
space with crush elements between the
very end of the nose and the equivalent
end frame. For a grade crossing collision
above the underframe of the cab car it
is expected that perhaps an order of
magnitude or larger of collision energy
will be absorbed prior to any
deformations into occupied space.
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As noted, the APTA Standard does
recognize the need to address shapednosed designs and CEM designs.
Specifically, the Standard provides that
cab end collision posts and corner posts
(and their supporting structure) on MU
locomotives and cab cars without flat
ends, or on equipment utilizing crash
energy management designs, meet the
‘‘severe deformation’’ requirements, but
that compliance with the requirements
be demonstrated either through analysis
or testing as agreed to by the vehicle
builder and purchaser. See paragraph (e)
in both sections 5.3.1.3.1, Cab-end
collision posts, and 5.3.2.3.1, Cab end
corner posts, of APTA Standard SS–
C&S–034–99, Rev. 1. While FRA
supports applying the ‘‘severe
deformation’’ requirements to such
designs, FRA does not believe it viable
as a Federal regulation to have the
application of these requirements
essentially depend on an agreement
between the vehicle builder and the
purchaser of the vehicle-without the
involvement of the Federal government
or public input. In particular, since the
‘‘severe deformation’’ requirements
were developed from research on
typical flat-end cab cars and MU
locomotives, FRA believes that there
may be too much uncertainty for
applying such requirements to other
designs and that the industry would
benefit from the inclusion of a more
specific standard.
Within the Task Force, FRA proposed
that a dynamic test standard be added
to address the issue. However, as noted
above, the Task Force could not reach
consensus on a recommendation for
such a dynamic standard. Concern was
raised about the validity of any dynamic
test standard chosen and whether such
a standard could be used for valid
comparisons with a quasi-static test
standard. This concern included the
need to first conduct full-scale testing
on an actual prototype for a production
design. Further, APTA was concerned
that its member railroads might feel
compelled to conduct both quasi-static
and dynamic testing to demonstrate
compliance, even if the regulations were
expressly written to state that
compliance with only one test standard
would be required. FRA wishes to make
clear that nothing in this proposal
would require that both types of
qualification procedures be used. Either
may be clearly adequate for the purpose,
depending on the technical challenge
presented; and conducting two analyses
or types of tests would clearly be
excessive and wasteful. Again, FRA
proposes two alternative methods in
order to provide maximum flexibility,
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recognizing that other-than-flat-nosed
cars will be offered in the marketplace
and further recognizing that equipment
utilizing crush zones may also present
difficulties should the quasi-static test
be the only approach considered.
Concern was also raised as to the
safety of conducting full-scale, dynamic
testing. The technical tradeoffs between
quasi-static and dynamic test standards
are discussed in the Technical
Background section of the preamble,
above. FRA notes that there are safety
concerns associated with both quasistatic and dynamic testing, and in a
quasi-static test particular care must be
taken due to the potential for the
sudden release of stored energy should
there be material failure. Proper
planning and execution of each test are
required. (By noting that caution must
be exercised in planning and executing
the tests, FRA does not intend in any
way to oust the jurisdiction of the
Occupational Safety and Health
Administration of the U.S. Department
of Labor with regard to the safety of
employees performing the tests.)
FRA believes that dynamic test
standards have been sufficiently
validated and that dynamic testing
should be included as an option for
demonstrating compliance with the
rule. For this reason, FRA is proposing
that paragraph (c)(2) include an option
for the dynamic testing of cab cars and
MU locomotives. Although FRA expects
that this method will be applied to
designs with shaped-nose designs or
with CEM designs, or both, it may also
be used for a conventional flat-nosed
design; and the quasi-static method may
be applied to shaped-nose or CEM
designs.
FRA recognizes that questions may
arise in applying these methods in
situations not clearly anticipated today.
FRA requests comment on whether the
final rule should include either an
option or requirement that the test
methodology be submitted for FRA
review prior to the conduct of
destructive testing. FRA also requests
comment on whether and under what
circumstances analysis and scale model
or fixture testing might be accepted as
satisfying the dynamic standard.
The dynamic standard itself is a
performance standard involving impact
with a proxy object. The proxy object
must have a cylindrical shape, diameter
of 48 inches, length of 36 inches, and
minimum weight of 10,000 pounds. The
longitudinal axis of the proxy object
must be offset by 19 inches from the
longitudinal axis of the cab car or MU
locomotive, which must be ballasted to
weigh a minimum of 100,000 pounds.
At impact, the longitudinal axis of the
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proxy object must be 30 inches above
the top of the finished floor. The cab car
or MU locomotive and its end structure
must withstand a 21 mph impact with
the proxy object resulting in no more
than 10 inches of intrusion
longitudinally into the occupied area of
the vehicle, and without separation of
the attachments of any structural
members. FRA is including a graphical
description of this collision scenario as
Figure 1 to subpart C.
FRA notes that in the Locomotive
Crashworthiness final rule, the frontend structure requirements are
principally stated in the form of
performance criteria for given collision
scenarios. See Appendix E to part 229;
71 FR 36915. In fact, the performance
criteria in Appendix E to part 229
involve dynamic loading conditions
stated in a way similar to what FRA is
proposing here as the example to
demonstrate compliance. In the
Locomotive Crashworthiness final rule,
FRA adopted performance criteria,
rather than more prescriptive design
standards, to allow for greater flexibility
in the design of locomotives and better
encourage innovation in locomotive
designs. See 71 FR 36895–36898. Of
course, the requirements proposed in
paragraph (c)(2)(i) are a form of
performance criteria. The distinction is
that the performance criteria relate to
quasi-static loading conditions—instead
of dynamic loading conditions, which
more approximate actual collision
scenarios.
FRA also notes that recently adopted
European standards, prEN 15227 FCD
Crashworthiness Requirements for
Railway Vehicle Bodies, include four
collision scenarios. Collision Scenario 3
of the European standard involves a
‘‘train unit front end impact with a
heavy obstacle (e.g. lorry on road
crossing).’’ Commuter and intercity
trains are required to be able to sustain
an impact with a deformable object
weighing 33 kips (15,000 kg) at 68 mph
(110 kph). Calibration tests on
components and numerical simulations
of the scenario are recommended for
showing compliance. Key differences
between the European standard and the
dynamic testing collision scenarios FRA
is proposing to apply to both collision
posts and corner posts, below, include
the amount of energy involved and the
character of the object. Assuming that
the mass of the train is more than about
25 times greater than the mass of the
object (which roughly corresponds to
the mass of a commuter train made up
of a cab car, four coaches, and a
locomotive, or made up of six MU
locomotives) then the total energy
dissipated in a prEN 15227 Scenario 3-
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impact is 5.0 million foot-pounds. The
total energy absorbed in the collision
scenarios included in this NPRM are
135,000 foot-pounds for the collision
post and 120,000 foot-pounds for the
corner post. However, in the European
standard, the impacted object is
deformable and potentially absorbs a
significant amount of the available
energy; in the collision scenarios
included in the NPRM, the impacted
object is rigid and all of the energy is
absorbed by the cab car or MU
locomotive.
FRA invites comment on the proposal
to provide for dynamic testing to
demonstrate compliance by cab cars and
MU locomotives. Specifically, FRA
invites comment on the dynamic testing
collision scenario included in the
proposed rule for collision posts, and
invites comment suggesting any
alternative collision scenario or way to
address such cab cars and MU
locomotives.
Section 238.213 Corner posts
FRA is proposing to adopt the
provisions of paragraph (a) through (d)
of Section 5.3.2.3.1, Cab end corner
posts, of APTA Standard SS–C&S–034–
99 Rev. 1, and Section 5.3.2.3.3, Cab
end-non-operator side of cab-alternate
requirements. FRA is also proposing to
modify these provisions for purposes of
their adoption as a Federal regulation
and to specify standards for a cab car or
MU locomotive with a stairwell located
on the side of the equipment opposite
from where the locomotive engineer is
situated. Together with the proposal for
collision posts, this action would
increase the strength of the front-end
structure of cab cars and MU
locomotives up to what the main
structure can support, and also require
explicit consideration of the behavior of
the front-end structures when
overloaded.
Overall, FRA is proposing to revise
this section in its entirety by
redesignating current paragraph (b) as
paragraph (a)(2), making conforming
changes to paragraph (a), and adding
new paragraphs (b), (c), and (d).
Proposed paragraph (b) is intended to
augment the current requirements of
paragraph (a) for cab cars and MU
locomotives ordered on or after October
1, 2009, or placed in service for the first
time on or after October 2, 2011.
Proposed paragraph (b) would require
higher loads at the specified locations
than its counterpart in paragraph (a).
Paragraph (b)(2) addresses alternative
methods of demonstrating that the
corner posts absorb energy while
deforming. Proposed paragraph (b)(2)(i)
sets forth quasi-static test requirements.
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The corner post would have to be able
to absorb a prescribed amount of energy
without separation from its supporting
structure. This proposed requirement is
intended to provide a level of protection
similar to the SOA design, as described
in the Technical Background section of
the preamble, above. A quasi-static test,
similar to the test conducted by
Bombardier on the M7, may be used to
demonstrate compliance.
Proposed paragraph (b)(2)(ii) would
provide for alternative dynamic
qualification. The end structure would
need to be capable of withstanding a
frontal impact with a proxy object that
is intended to approximate lading
carried by a highway vehicle under the
following conditions. The proxy object
must have a cylindrical shape, diameter
of 48 inches, length of 36 inches, and
minimum weight of 10,000 pounds. The
longitudinal axis of the proxy object
must be aligned with the outboard edge
of the side of the cab car or MU
locomotive, which must be ballasted to
weigh a minimum of 100,000 pounds.
At impact, the longitudinal axis of the
proxy object must be 30 inches above
the top of the finished floor. The cab car
or MU locomotive and its end structure
must withstand a 20 mph impact with
the proxy object resulting in no more
than 10 inches of intrusion
longitudinally into the occupied area of
the cab car or MU locomotive, and
without separation of the attachments of
any structural members. FRA is
including a graphical description of this
collision scenario as Figure 2 to subpart
C.
Paragraph (c) prescribes the corner
post standards for cab cars and MU
locomotives ordered on or after October
1, 2009, or placed in service for the first
time on or after October 2, 2011,
utilizing low-level passenger boarding
on the side of the equipment opposite
from where the locomotive engineer is
seated. In this arrangement the nonoperating side of the vehicle is protected
by two corner posts (an end corner post
and an internal adjacent body corner
post) that are situated in front of
occupied space and provide protection
for the occupied space; the proposed
rule allows for the combined
contribution of both sets of corner posts
to provide an equivalent level of
protection to that required for corner
posts in other cab car configurations.
Paragraph (c) would require that the
corner post load requirements of
paragraph (b) be met for the corner post
on the operating side of the cab. The
requirements for the two corner posts on
the opposite side of the operator control
stand are described in paragraphs (c)(1)
and (2). The structural requirements for
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the end corner post are described in
paragraph s (c)(1)(i) through (vii). The
longitudinal load requirements for the
end corner post as set forth in paragraph
(c)(1) are as follows: (1)(i) is a 150,000pound shear load applied at the base of
the corner post with its connection with
the underframe where the load must not
exceed the shear strength of the post;
(1)(ii) is a 30,000-pound bending load
applied 18 inches above the top of
underframe and no permanent
deformation can occur; (1)(iii) is a
30,000-pound shear load applied at the
attachment point with the roof
structure, again without permanent
deformations; and (1)(iv) is a 20,000pound bending load applied anywhere
between the underframe connection up
to the roof structure connection without
permanent deformation. The transverse
load requirements for the end corner
post are described in paragraph (c)(1) as
follows: (1)(v) is a 300,000-pound shear
load applied at a point even with the
top of the underframe without
exceeding the shear strength of the post
or the carbody supporting structure;
(1)(vi) is a 100,000-pound bending load
applied 18 inches above the top of
underframe and no permanent
deformation can occur; and (1)(vii) is a
45,000-pound shear load at the
connection between the corner post and
the roof structure without deforming the
post or the supporting structure. The
higher magnitude loads applied in the
longitudinal direction will result in a
corner post that is wider than it is deep.
The structural load requirements for
the body corner post are described in
paragraphs (2)(i) through (vi). The
longitudinal load requirements are as
follows: (2)(i) is a 300,000-pound shear
load applied at the base of the body
corner post with its connection with the
underframe where the load must not
exceed the shear strength of the post;
(2)(ii) is a 100,000-pound bending load
applied 18 inches above the top of
underframe and no permanent
deformation can occur; (2)(iii) is a
45,000-pound bending load applied
anywhere between the underframe
connection up to the roof structure
connection without permanent
deformation. The transverse load
requirements for the body corner post
are described in paragraph (2) are as
follows: (2)(iv) is a 100,000-pound shear
load applied at a point even with the
top of the underframe without
exceeding the shear strength of the post
or the carbody supporting structure;
(2)(v) is a 30,000-pound bending load
applied 18 inches above the top of
underframe and no permanent
deformation can occur; and (2)(vi) is a
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20,000-pound shear load applied at the
connection between the body corner
post and the roof structure without
deforming the post or the supporting
structure. The higher magnitude loads
applied in the transverse direction will
result in a corner post that is deeper
than it is wide.
FRA is also proposing that the
combination of the corner post and the
adjacent body corner post be capable of
absorbing collision energy prior to or
during structural deformation, as
demonstrated by either a quasi static
test or alternative dynamic qualification
similar to the provisions set out for
qualification under paragraph (b).
FRA notes that it is proposing
different speeds and different points of
contact for the dynamic testing
alternatives given for collision post
equivalents and corner post equivalents.
The collision post equivalents are to be
tested at 21 mph, and the corner post
equivalents at 20 mph—a difference of
about 10% in total energy involved. As
the dynamic testing alternatives are
intended to provide an equivalent level
of safety, the higher speed for
dynamically testing the collision posts
reflects the more stringent quasi-static
testing requirements for collision posts.
The collision posts have more available
space and a stronger support structure;
hence, they can absorb more energy
than the corner posts. Nevertheless, the
proposed requirements for corner posts
would more than double the amount of
energy required for the posts to fail,
when compared to current FRA
requirements. Together, the proposed
requirements for collision posts and
corner posts would significantly
enhance the performance of the posts in
protecting occupants of cab cars and
MU locomotives.
As noted above, FRA invites comment
on the proposal to provide for dynamic
testing to demonstrate compliance by
cab cars and MU locomotives.
Specifically, FRA invites comment on
the dynamic testing collision scenario
included in the proposed rule for corner
posts, and invites comment suggesting
any alternative collision scenario or way
to address possible future designs.
Moreover, FRA invites comment
whether the final rule should provide
for all cab cars and MU locomotives to
be tested dynamically to demonstrate
compliance—whether or not they have
a shaped-nosed design or a CEM
design—and, if so, whether the collision
scenario included in the proposed rule
is appropriate or whether another
collision scenario would be.
Paragraph (d) would provide relief
from utilization of a traditional end
frame structure provided that an
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equivalent level of protection is afforded
by the components of the CEM system.
In the FRA CEM design tested in March
2006, the end frame structure was
reinforced in order to support the loads
introduced through the deformable anticlimber. Significantly more energy was
absorbed in the deformation of the
deformable anti-climber than the
combined requirements outlined for
both collision and corner posts while
preserving all space for the locomotive
engineer and passengers. In the design
under development for Metrolink in
southern California, an equivalent end
frame structure is placed outboard of
occupied space with crush elements
between the very end of the nose and
the equivalent end frame. For a grade
crossing collision above the underframe
of the cab car it is expected that perhaps
an order of magnitude or larger of
collision energy will be absorbed prior
to any deformations into occupied
space.
Appendix A to Part 238—Schedule of
Civil Penalties
Appendix A to part 238 contains a
schedule of civil penalties for use in
connection with this part. FRA may
revise the schedule of civil penalties in
issuing the final rule to reflect revisions
made to part 238. Because such penalty
schedules are statements of agency
policy, notice and comment are not
required prior to their issuance. See 5
U.S.C. 553(b)(3)(A). Nevertheless,
commenters are invited to submit
suggestions to FRA describing the types
of actions or omissions for each
proposed regulatory section that would
subject a person to the assessment of a
civil penalty. Commenters are also
invited to recommend what penalties
may be appropriate, based upon the
relative seriousness of each type of
violation.
FRA notes that in December 2006 it
published proposed statements of
agency policy that would amend the 25
schedules of civil penalties issued as
appendixes to FRA’s safety regulations,
including part 238. See 71 FR 70589;
Dec. 5, 2006. The proposed revisions are
intended to reflect more accurately the
safety risks associated with violations of
the rail safety laws and regulations, as
well as to make sure that the civil
penalty amounts are consistent across
all safety regulations. Although the
schedules are statements of agency
policy, and FRA has authority to issue
the revisions without having to follow
the notice and comment procedures of
the Administrative Procedure Act, FRA
has provided members and
representatives of the general public an
opportunity to comment on the
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proposed revisions before amending
them. FRA is currently evaluating all of
the comments received in preparing
final statements of agency policy, and
the schedule of civil penalties to part
238 may be revised as a result,
independent of this rulemaking
proceeding.
V. Regulatory Impact and Notices
A. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This proposed rule has been
evaluated in accordance with existing
policies and procedures, and it has been
determined not to be significant under
either Executive Order 12866 or DOT
policies and procedures (44 FR 11034;
Feb. 26, 1979). FRA has prepared and
placed in the docket a regulatory
evaluation addressing the economic
impact of this proposed rule. Document
inspection and copying facilities are
available at the Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590. Access to the docket may also be
obtained electronically through the Web
site for the DOT Docket Management
System at https://dms.dot.gov.
Photocopies may also be obtained by
submitting a written request to the FRA
Docket Clerk at Office of Chief Counsel,
Stop 10, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590; please
refer to Docket No. FRA–2006–25268.
FRA invites comments on the regulatory
evaluation.
The regulatory evaluation explains
that the proposed requirements are
based on industry standards, which
every affected cab car or MU locomotive
from currently producing manufacturers
would now meet. Consequently, the
proposed requirements are not expected
to affect any units in production by
current manufacturers, and are,
therefore, estimated to have zero costs
and benefits for such units. The
proposed requirements would affect cab
cars and MU locomotives from other
potential manufacturers if those units
were of a design which would not meet
the proposed requirements. However, it
is highly speculative whether any nonconforming cab car or MU locomotive
would ever be produced, even in the
absence of this proposal. Further, as
discussed in detail above, States are
preempted from imposing by regulation
other, potentially conflicting, or more
burdensome requirements.
Were any cab cars or MU locomotives
to be affected by this proposal, the
estimated benefits would be about
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$16,000 per cab car or MU locomotive,
discounted at 7% over 20 years, and the
estimated costs would be only about
$2,000 per cab car or MU locomotive,
also discounted at 7% over 20 years.
Therefore, FRA estimates that the net
benefit, discounted at 7% over 20 years,
would be about $14,000 per such cab
car or MU locomotive. However,
because FRA believes that no units will
be affected, FRA estimates that the
present value of the total 20-year costs
which the industry would be expected
to incur to comply with the
requirements proposed in this rule is
zero, as is the anticipated benefits.
B. Regulatory Flexibility Act and
Executive Order 13272
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) and Executive Order
13272 require a review of proposed and
final rules to assess their impact on
small entities. FRA has prepared and
placed in the docket an Analysis of
Impact on Small Entities (AISE) that
assesses the small entity impact of this
proposal. Document inspection and
copying facilities are available at the
Docket Management Facility, U.S.
Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590. Docket material
is also available for inspection on the
Internet at https://dms.dot.gov.
Photocopies may also be obtained by
submitting a written request to the FRA
Docket Clerk at Office of Chief Counsel,
Stop 10, Federal Railroad
Administration, 1120 Vermont Avenue,
NW., Washington, DC 20590; please
refer to Docket No. FRA–2006–25268.
The AISE developed in connection
with this NPRM concludes that this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
The principal entities impacted by the
rule would be governmental
jurisdictions or transit authorities—
none of which is small for purposes of
the United States Small Business
Administration (i.e., no entity serves a
locality with a population less than
50,000). These entities also receive
Federal transportation funds. Although
these entities are not small, the level of
costs incurred by each entity should
generally vary in proportion to either
the size of the entity, or the extent to
which the entity purchases newly
manufactured passenger equipment, or
both. Tourist, scenic, excursion, and
historic passenger railroad operations
would be exempt from the rule, and,
therefore, these smaller operations
would not incur any costs.
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The rule would impact passenger car
manufacturers. In general, these entities
are principally large international
corporations that would not be
considered small entities. However, it is
possible that a smaller entity, such as a
small domestic manufacturer of rail
cars, could be impacted if the
requirements of the final rule do not
provide sufficient flexibility for shapednosed MU locomotives and cab cars of
the type it manufactures.
Having made these determinations,
FRA certifies that this proposed rule is
not expected to have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act or Executive
Order 13272.
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C. Paperwork Reduction Act
FRA has analyzed the proposed rule
in accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) to determine whether it would
result in any new or additional
information collection requirements.
FRA has determined that no new or
additional information collection
requirements would result from the rule
as proposed. FRA invites comment on
this determination and whether the
proposed rule would in fact result in
any new or additional information
collection requirements. Should any
new or additional information
collection requirements result from this
rulemaking, FRA intends to obtain
current Office of Management and
Budget (OMB) control numbers for any
such collection requirement prior to the
effective date of a final rule. FRA is not
authorized to impose a penalty on
persons for violating information
collection requirements which do not
display a current OMB control number,
if required.
D. Federalism Implications
FRA has analyzed this proposed rule
in accordance with the principles and
criteria contained in Executive Order
13132, issued on August 4, 1999, which
directs Federal agencies to exercise great
care in establishing policies that have
federalism implications. See 64 FR
43255. This proposed rule would not
have a substantial direct effect on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among various levels of
government.
FRA does note that it is clarifying the
preemptive effect of this proposed rule
and the underlying regulations it is
proposing to amend. See the discussion
of § 238.13, Preemptive effect, above. In
particular, FRA believes that it has
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preempted any State law, regulation, or
order, including State common law,
concerning the operation of a cab car or
MU locomotive as the leading unit of a
passenger train. FRA has taken into
account the federalism principles and
criteria contained in Executive Order
13132 in making this determination.
One of the fundamental federalism
principles, as stated in Section 2(a) of
Executive Order 13132, is that
‘‘[f]ederalism is rooted in the belief that
issues that are not national in scope or
significance are most appropriately
addressed by the level of government
closest to the people.’’ Congress
expressed its intent that there be
national uniformity of regulation
concerning railroad safety matters when
it issued 49 U.S.C. 20106, which
provides that all regulations prescribed
by the Secretary with respect to railroad
safety matters and the Secretary of
Homeland Security with respect to
railroad security matters preempt any
State law, regulation, or order covering
the same subject matter, except a
provision necessary to eliminate or
reduce an essentially local safety hazard
that is not incompatible with a Federal
law, regulation, or order and that does
not unreasonably burden interstate
commerce. This intent was expressed
even more specifically in 49 U.S.C.
20133, which mandated that the
Secretary of Transportation prescribe
‘‘regulations establishing minimum
standards for the safety of cars used by
railroad carriers to transport
passengers’’ and consider such matters
as ‘‘the crashworthiness of the cars’’
before prescribing the regulations. This
proposed rule is intended to add to and
enhance these regulations, originally
issued on May 12, 1999, pursuant to 49
U.S.C. 20133.
Further, federalism concerns have
been considered in the development of
this NPRM both internally and through
consultation within the RSAC forum, as
described in Section II of this preamble,
above. The full RSAC, which reached
consensus on the proposal (with the
exception discussed above concerning
cab cars and MU locomotives without
flat-ends or with CEM designs, or both)
and then recommended it to FRA, has
as permanent voting members two
organizations representing State and
local interests: AASHTO and ASRSM.
As such, these State organizations
concurred with the proposed
requirements (again, with the exception
noted above). The RSAC regularly
provides recommendations to the FRA
Administrator for solutions to regulatory
issues that reflect significant input from
its State members. To date, FRA has
received no indication of concerns
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about the Federalism implications of
this rulemaking from these
representatives or from any other
representative on the Committee.
For the foregoing reasons, FRA
believes that this proposed rule is in
accordance with the principles and
criteria contained in Executive Order
13132.
E. Environmental Impact
FRA has evaluated this proposed
regulation in accordance with its
‘‘Procedures for Considering
Environmental Impacts’’ (FRA’s
Procedures) (64 FR 28545, May 26,
1999) as required by the National
Environmental Policy Act (42 U.S.C.
4321 et seq.), other environmental
statutes, Executive Orders, and related
regulatory requirements. FRA has
determined that this proposed
regulation is not a major FRA action
(requiring the preparation of an
environmental impact statement or
environmental assessment) because it is
categorically excluded from detailed
environmental review pursuant to
section 4(c)(20) of FRA’s Procedures. 64
FR 28547, May 26, 1999. In accordance
with section 4(c) and (e) of FRA’s
Procedures, the agency has further
concluded that no extraordinary
circumstances exist with respect to this
regulation that might trigger the need for
a more detailed environmental review.
As a result, FRA finds that this
proposed regulation is not a major
Federal action significantly affecting the
quality of the human environment.
F. Unfunded Mandates Reform Act of
1995
Pursuant to Section 201 of the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4, 2 U.S.C. 1531), each
Federal agency ‘‘shall, unless otherwise
prohibited by law, assess the effects of
Federal regulatory actions on State,
local, and tribal governments, and the
private sector (other than to the extent
that such regulations incorporate
requirements specifically set forth in
law).’’ Section 202 of the Act (2 U.S.C.
1532) further requires that ‘‘before
promulgating any general notice of
proposed rulemaking that is likely to
result in the promulgation of any rule
that includes any Federal mandate that
may result in expenditure by State,
local, and tribal governments, in the
aggregate, or by the private sector, of
$100,000,000 or more (adjusted
annually for inflation)[currently
$120,700,000] in any 1 year, and before
promulgating any final rule for which a
general notice of proposed rulemaking
was published, the agency shall prepare
a written statement’’ detailing the effect
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on State, local, and tribal governments
and the private sector. The proposed
rule would not result in the
expenditure, in the aggregate, of
$120,700,000 or more in any one year,
and thus preparation of such a
statement is not required.
G. Energy Impact
Executive Order 13211 requires
Federal agencies to prepare a Statement
of Energy Effects for any ‘‘significant
energy action.’’ 66 FR 28355 ( May 22,
2001). Under the Executive Order, a
‘‘significant energy action’’ is defined as
any action by an agency (normally
published in the Federal Register) that
promulgates or is expected to lead to the
promulgation of a final rule or
regulation, including notices of inquiry,
advance notices of proposed
rulemaking, and notices of proposed
rulemaking: (1)(i) That is a significant
regulatory action under Executive Order
12866 or any successor order, and (ii) is
likely to have a significant adverse effect
on the supply, distribution, or use of
energy; or (2) that is designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. FRA has
evaluated this NPRM in accordance
with Executive Order 13211. FRA has
determined that this NPRM is not likely
to have a significant adverse effect on
the supply, distribution, or use of
energy. Consequently, FRA has
determined that this regulatory action is
not a ‘‘significant energy action’’ within
the meaning of Executive Order 13211.
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H. Trade Impact
The Trade Agreements Act of 1979
(Pub. L. No. 96–39, 19 U.S.C. 2501 et
seq.) prohibits Federal agencies from
engaging in any standards or related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
FRA has assessed the potential effect
of this rulemaking on foreign commerce
and believes that the proposed
requirements are consistent with the
Trade Agreements Act. The
requirements proposed are safety
standards, which, as noted, are not
considered unnecessary obstacles to
trade. Moreover, FRA has sought, to the
extent practicable, to propose the
requirements in terms of the
performance desired, rather than in
more narrow terms restricted to a
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particular design, so as not to limit
alternative, compliant designs by any
manufacturer—foreign or domestic.
For related discussion on the
international effects of this part, please
see the preamble to the May 12, 1999
Passenger Equipment Safety Standards
final rule on the topic of ‘‘United States
international treaty obligations,’’ 64 FR
25545.
I. Privacy Act
FRA wishes to inform all potential
commenters that anyone is able to
search the electronic form of all
comments received into any agency
docket 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.
List of Subjects in 49 CFR Part 238
Passenger equipment, Penalties,
Railroad safety, Reporting and
recordkeeping requirements.
The Proposed Rule
For the reasons discussed in the
preamble, FRA proposes to amend part
238 of chapter II, subtitle B of Title 49,
Code of Federal Regulations, as follows:
PART 238—[AMENDED]
1. The authority citation for part 238
continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133,
20141, 20302–20303, 20306, 20701–20702,
21301–21302, 21304; 28 U.S.C. 2461, note;
and 49 CFR 1.49.
Subpart C—Specific Requirements for
Tier I Passenger Equipment
2. Section 238.13 is revised to read as
follows:
§ 238.13
Preemptive effect.
Under 49 U.S.C. 20106, issuance of
these regulations preempts any State
law, regulation, or order covering the
same subject matter, except an
additional or more stringent law,
regulation or order that is necessary to
eliminate or reduce an essentially local
safety or security hazard; that is not
incompatible with a law, regulation, or
order of the United States Government;
and that does not unreasonably burden
interstate commerce.
3. Section 238.205 is amended by
revising paragraph (a) to read:
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Anti-climbing mechanism.
Except as provided in paragraph (b) of
this section, all passenger equipment
placed in service for the first time on or
after September 8, 2000 shall have at
both the forward and rear ends an anticlimbing mechanism capable of
resisting an upward or downward
vertical force of 100,000 pounds without
permanent deformation. When coupled
together in any combination to join two
vehicles, AAR Type H and Type F tightlock couplers satisfy this requirement.
*
*
*
*
*
4. Section 238.211 is amended by
revising the introductory text of
paragraph (a), the introductory text of
paragraph (b) and paragraph (b)(2),
redesignating paragraph (c) as paragraph
(d) and revising it, and by adding new
paragraphs (c) and (e) to read as follows:
§ 238.211
Collision posts.
(a) Except as further specified in this
paragraph and paragraphs (b) through
(d) of this section—
*
*
*
*
*
(b) Each locomotive, including a cab
car and an MU locomotive, ordered on
or after September 8, 2000, or placed in
service for the first time on or after
September 9, 2002 (except a
conventional locomotive manufactured
on or after January 1, 2009, which shall
be subject to the requirements of subpart
D of part 229 of this chapter), shall have
at its forward end, in lieu of the
structural protection described in
paragraph (a) of this section either:
(1) * * *
(2) An equivalent end structure that
can withstand the sum of the forces that
each collision post in paragraph (b)(1) of
this section is required to withstand.
(c) Each cab car and MU locomotive
ordered on or after October 1, 2009, or
placed in service for the first time on or
after October 2, 2011, shall have at its
forward end, in lieu of the structural
protection described in paragraphs (a)
and (b) of this section, two forward
collision posts, located at approximately
the one-third points laterally, meeting
the following requirements:
(1) Each collision post, with the
supporting car body structure, shall be
capable of withstanding the following
loads individually applied at any angle
within 15 degrees of the longitudinal
axis:
(i) A 500,000-pound longitudinal
force applied at the connection to the
top of the underframe, without
exceeding the ultimate strength of the
post or supporting car body structure;
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(ii) A 200,000-pound longitudinal
force applied 30 inches above the
connection of the post to the
underframe, without exceeding the
ultimate strength of the post or
supporting car body structure; and
(iii) A 60,000-pound longitudinal
force applied at any height along the
post above the top of the underframe,
without permanent deformation of the
post or supporting car body structure;
and
(2) Each collision post shall also be
capable of absorbing collision energy
prior to or during structural
deformation, as demonstrated by one of
the following methods:
(i) Quasi-static method. Each collision
post shall be demonstrated to absorb a
minimum of 135,000 ft-lbs (0.18 MJ) of
energy when loaded longitudinally at a
height of 30 inches above the
connection of the post to the
underframe, while not permanently
deflecting more than 10 inches
longitudinally. There shall be no
complete separation of the post from its
connections to the supporting structure;
or
(ii) Dynamic method. The front end
structure shall be demonstrated to be
capable of withstanding a frontal impact
with a proxy object that is intended to
approximate lading carried by a
highway vehicle under the following
conditions:
(A) The proxy object shall have a
cylindrical shape, diameter of 48 inches,
length of 36 inches, and minimum
weight of 10,000 pounds. The
longitudinal axis of the proxy object
shall be offset by 19 inches from the
longitudinal axis of the cab car or MU
locomotive, which shall be ballasted to
weigh a minimum of 100,000 pounds.
At impact, the longitudinal axis of the
proxy object shall be 30 inches above
the top of the finished floor; and
(B) The cab car or MU locomotive and
its end structure must withstand a 21
mph impact with the proxy object
resulting in no more than 10 inches of
intrusion longitudinally into the
occupied area of the vehicle, and
without separation of the attachments of
any structural members. (A graphical
description of the frontal impact is
provided in Figure 1 to subpart C.)
(d) The end structure requirements of
this section apply only to the ends of a
semi-permanently coupled consist of
articulated units, provided that:
(1) The railroad submits to the FRA
Associate Administrator for Safety
under the procedures specified in
§ 238.21 a documented engineering
analysis establishing that the articulated
connection is capable of preventing
disengagement and telescoping to the
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same extent as equipment satisfying the
anti-climbing and collision post
requirements contained in this subpart;
and
(2) FRA finds the analysis persuasive.
(e) In the case of a cab car or MU
locomotive designed to provide the
benefits of crash energy management,
the end structure requirements of this
section are satisfied if the requirements
of this section are met with respect to
the portion of the car or MU locomotive
outboard of the areas occupied by crew
members and passengers.
5. Section 238.213 is revised to read
as follows:
§ 238.213
Corner posts.
(a) Except as further specified in
paragraphs (b) and (c) of this section,
each passenger car and MU locomotive
shall have at each end of the car, placed
ahead of the occupied volume, two fullheight corner posts capable of resisting:
(1)(i) A horizontal load of 150,000
pounds at the point of attachment to the
underframe, without failure;
(ii) A horizontal load of 20,000
pounds at the point of attachment to the
roof structure, without failure; and
(iii) A horizontal load of 30,000
pounds applied 18 inches above the top
of the floor, without permanent
deformation.
(2) For purposes of this paragraph (a),
the orientation of the applied horizontal
loads shall range from longitudinal
inward to transverse inward.
(b) Except as provided in paragraph
(c) of this section, each cab car and MU
locomotive ordered on or after October
1, 2009, or placed in service for the first
time on or after October 2, 2011, shall
have at its forward end, in lieu of the
structural protection described in
paragraph (a) of this section, two corner
posts ahead of the occupied volume,
meeting the following requirements:
(1) Each post, with the supporting car
body structure, shall be capable of
withstanding the following loads
individually applied toward the inside
of the vehicle at all angles in the range
from longitudinal to lateral:
(i) A 300,000-pound longitudinal
force at the point even with the top of
the underframe, without exceeding the
ultimate strength of the post or
supporting car body structure;
(ii) A 100,000-pound longitudinal
force exerted 18 inches above the joint
of the post to the underframe, without
permanent deformation of the post or
supporting car body structure; and
(iii) A 45,000-pound longitudinal
force applied at any height along the
post above the top of the underframe,
without permanent deformation of the
post or supporting car body structure;
and
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(2) Each corner post shall also be
capable of absorbing collision energy
prior to or during structural
deformation, as demonstrated by one of
the following methods:
(i) Quasi-static method. Each corner
post shall be demonstrated to be capable
of absorbing a minimum of 120,000 ftlbs (O.16 MJ) of energy when loaded
longitudinally at a height of 30 inches
above the connection of the post to the
underframe, while not permanently
deflecting more than 10 inches
longitudinally. There shall be no
complete separation of the post from its
connections to the supporting structure;
or
(ii) Dynamic method. The front end
structure shall be demonstrated to be
capable of withstanding frontal impact
with a proxy object that is intended to
approximate lading carried by a
highway vehicle under the following
conditions:
(A) The proxy object shall have a
cylindrical shape, diameter of 48 inches,
length of 36 inches, and minimum
weight of 10,000 pounds. The
longitudinal axis of the proxy object
shall be aligned with the outboard edge
of the side of the cab car or MU
locomotive, which shall be ballasted to
weigh a minimum of 100,000 pounds.
At impact, the longitudinal axis of the
proxy object shall be 30 inches above
the top of the finished floor; and
(B) The cab car or MU locomotive and
its end structure must withstand a 20
mph impact with the proxy object
resulting in no more than 10 inches of
intrusion longitudinally into the
occupied area of the cab car or MU
locomotive, and without separation of
the attachments of any structural
members. (A graphical description of
the frontal impact is provided in Figure
2 to subpart C.)
(c) Each cab car and MU locomotive
ordered on or after October 1, 2009, or
placed in service for the first time on or
after October 2, 2011, utilizing low-level
passenger boarding on the nonoperating side of the cab end shall meet
the corner post requirements of
paragraph (b) of this section for the
corner post on the side of the cab
containing the control stand, and the
following structural requirements for
the corner post and the adjacent body
corner post on the opposite side of the
cab from the control stand:
(1) The corner post on the opposite
side of the cab from the control stand,
with the supporting car body structure,
shall be capable of withstanding the
following horizontal loads individually
applied toward the inside of the vehicle:
(i) A 150,000-pound longitudinal
force at the point even with the top of
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the underframe, without exceeding the
ultimate strength of the post or
supporting car body structure;
(ii) A 30,000-pound longitudinal force
at a point 18 inches above the top of the
underframe, without permanent
deformation;
(iii) A 30,000-pound longitudinal
force at the point of attachment to the
roof structure, without permanent
deformation;
(iv) A 20,000-pound longitudinal
force anywhere between the top of the
post at its connection to the roof
structure, and the top of the underframe,
without permanent deformation of the
post or supporting structure;
(v) A 300,000-pound transverse force
at a point even with the top of the
underframe, without exceeding the
ultimate strength of the post or
supporting car body structure;
(vi) A 100,000-pound transverse force
at a point 18 inches above the top of the
underframe, without permanent
deformation; and
(vii) A 45,000-pound transverse force
anywhere between the top of the post at
its connection to the roof structure, and
the top of the underframe, without
permanent deformation of the post or
supporting structure.
(2) The body corner post on the
opposite side of the cab from the control
stand, with the supporting car body
structure, shall be capable of
withstanding the following horizontal
loads individually applied toward the
inside of the vehicle:
(i) A 300,000-pound longitudinal
force at a point even with the top of the
underframe, without exceeding the
ultimate strength of the post or
supporting car body structure;
(ii) A 100,000-pound longitudinal
force at a point 18 inches above the top
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16:41 Jul 31, 2007
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of the underframe, without permanent
deformation;
(iii) A 45,000-pound longitudinal
force anywhere between the top of the
post at its connection to the roof
structure, and the top of the underframe,
without permanent deformation or
supporting structure;
(iv) A 100,000-pound transverse force
at a point even with the top of the
underframe, without exceeding the
ultimate strength of the post or
supporting car body structure;
(v) A 30,000-pound transverse force at
a point 18 inches above the top of the
underframe, without permanent
deformation; and
(vi) A 20,000-pound transverse force
anywhere between the top of the post at
its connection to the roof structure, and
the top of the underframe, without
deformation of the post or supporting
structure, and
(3) The combination of the corner post
and the adjacent body corner post shall
also be capable of absorbing collision
energy prior to or during structural
deformation, as demonstrated by one of
the following methods:
(i) Quasi-static method. The two posts
in combination shall be demonstrated to
be capable of absorbing a minimum of
120,000 ft-lbs (O.16 MJ) of energy when
loaded longitudinally at a height of 30
inches above the connection of the posts
to the underframe, while not
permanently deflecting the body corner
post than 10 inches longitudinally.
There shall be no complete separation of
the body corner post from its
connections to the supporting structure;
or
(ii) Dynamic method. The front end
structure on the non-operating side of
the cab shall be demonstrated to be
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42039
capable of withstanding frontal impact
with a proxy object that is intended to
approximate lading carried by a
highway vehicle under the following
conditions:
(A) The proxy object shall have a
cylindrical shape, diameter of 48 inches,
length of 36 inches, and minimum
weight of 10,000 pounds. The
longitudinal axis of the proxy object
shall be aligned with the outboard edge
of the side of the cab car or MU
locomotive, which shall be ballasted to
weigh a minimum of 100,000 pounds.
At impact, the longitudinal axis of the
proxy object shall be 30 inches above
the top of the finished floor; and
(B) The cab car or MU locomotive and
its end structure on the non-operating
side of the cab must withstand a 20 mph
impact with the proxy object resulting
in no more than 10 inches of intrusion
longitudinally into the occupied area of
the cab car or MU locomotive, and
without separation of the attachments of
the body corner post. (A graphical
description of the frontal impact is
provided in Figure 3 to subpart C.)
(d) In the case of a cab car or MU
locomotive designed to provide the
benefits of crash energy management,
the end structure requirements of this
section are satisfied if the requirements
of this section are met with respect to
the portion of the cab car or MU
locomotive outboard of the areas
occupied by crew members and
passengers.
6. Add Appendix to Subpart C of Part
238, consisting of figures 1, 2, and 3, to
read as follows:
Appendix to Subpart C of Part 238
BILLING CODE 4910–06–P
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42040
Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Proposed Rules
42041
Issued in Washington, DC, on July 26,
2007.
Joseph H. Boardman,
Federal Railroad Administrator.
[FR Doc. 07–3736 Filed 7–31–07: 8:45 am]
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BILLING CODE 4910–06–C
Agencies
[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Proposed Rules]
[Pages 42016-42041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3736]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 238
[Docket No. FRA-2006-25268, Notice No. 1]
RIN 2130-AB80
Passenger Equipment Safety Standards; Front-End Strength of Cab
Cars and Multiple-Unit Locomotives
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: FRA is proposing to further the safety of passenger train
occupants by amending existing regulations to enhance structural
strength requirements for the front end of cab cars and multiple-unit
locomotives. These enhancements would include the addition of
deformation and energy absorption requirements specified in revised
American Public Transportation Association (APTA) standards for front-
end collision posts and corner posts for this equipment. FRA is also
proposing to make miscellaneous clarifying amendments to current
regulations for the structural strength of passenger equipment.
DATES: (1) Written comments must be received by October 1, 2007.
Comments received after that date will be considered to the extent
possible without incurring additional expense or delay.
(2) FRA anticipates being able to resolve this rulemaking without a
public, oral hearing. However, if FRA receives a specific request for a
public, oral hearing prior to August 31, 2007, one will be scheduled,
and FRA will publish a supplemental notice in the Federal Register to
inform interested parties of the date, time, and location of any such
hearing.
ADDRESSES: Comments: Comments related to Docket No. FRA-2006-25268,
Notice No. 1, may be submitted by any of the following methods:
Web Site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590.
Hand Delivery: Docket Management Facility, U.S. Department
of
[[Page 42017]]
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. Monday
through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to https://dms.dot.gov including any personal information. Please
see the Privacy Act heading in the Supplementary Information section of
this document for Privacy Act information related to any submitted
comments or materials.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov at any time or to the
Docket Management Facility, U.S. Department of Transportation, 1200 New
Jersey Avenue, SE., West Building Ground Floor, Room W12-140,
Washington, DC, between 9 a.m. and 5 p.m. Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Gary G. Fairbanks, Specialist, Motive
Power and Equipment Division, Office of Safety, RRS-14, Mail Stop 25,
Federal Railroad Administration, 1120 Vermont Avenue, NW., Washington,
DC 20590 (telephone 202-493-6282); Eloy E. Martinez, Program Manager,
Equipment and Operating Practices Division, Office of Railroad
Development, RDV-32, Federal Railroad Administration, 55 Broadway,
Cambridge, MA 02142 (telephone 617-494-2243); or Daniel L. Alpert,
Trial Attorney, Office of Chief Counsel, Mail Stop 10, Federal Railroad
Administration, 1120 Vermont Avenue, NW., Washington, DC 20590
(telephone 202-493-6026).
SUPPLEMENTARY INFORMATION:
Table of Contents for Supplementary Information
I. Statutory Background
II. Proceedings to Date
A. Proceedings To Carry Out the Initial Rulemaking Mandate
B. Key Issues Identified for Future Rulemaking
C. Railroad Safety Advisory Committee (RSAC) Overview
D. Establishment of the Passenger Safety Working Group
E. Establishment of the Crashworthiness/Glazing Task Force
F. Development of the NPRM
III. Technical Background
A. Predominant Types of Passenger Rail Service
B. Front-End Frame Structures of Cab Cars and MU Locomotives
C. Accident History
D. FRA and Industry Standards for Front-End Frame Structures of
Cab Cars and MU Locomotives
E. Testing of Front-End Frame Structures of Cab Cars and MU
Locomotives
1. Designs Evaluated by FRA
2. FRA Dynamic Impact Testing
3. Industry Quasi-Static Testing
4. Comparative Analyses
F. Approaches for Specifying Large Deformation Requirements
G. Crash Energy Management and the Design of Front-End Frame
Structures of Cab Cars and MU Locomotives
IV. Section-by-Section Analysis
V. Regulatory Impact and Notices
A. Executive Order 12866 and DOT Regulatory Policies and
Procedures
B. Regulatory Flexibility Act and Executive Order 13272
C. Paperwork Reduction Act
D. Federalism Implications
E. Environmental Impact
F. Unfunded Mandates Act of 1995
G. Energy Impact
H. Trade Impact
I. Privacy Act
I. Statutory Background
In September of 1994, the Secretary of Transportation convened a
meeting of representatives from all sectors of the rail industry with
the goal of enhancing rail safety. As one of the initiatives arising
from this Rail Safety Summit, the Secretary announced that DOT would
begin developing safety standards for rail passenger equipment over a
five-year period. In November of 1994, Congress adopted the Secretary's
schedule for implementing rail passenger equipment safety regulations
and included it in the Federal Railroad Safety Authorization Act of
1994 (the Act), Pub. L. No. 103-440, 108 Stat. 4619, 4623-4624
(November 2, 1994). Congress also authorized the Secretary to consult
with various organizations involved in passenger train operations for
purposes of prescribing and amending these regulations, as well as
issuing orders pursuant to them. Section 215 of the Act is codified at
49 U.S.C. 20133.
II. Proceedings to Date
A. Proceedings to Carry Out the Initial Rulemaking Mandate
The Secretary of Transportation delegated these rulemaking
responsibilities to the Federal Railroad Administrator, see 49 CFR
1.49(m), and FRA formed the Passenger Equipment Safety Standards
Working Group to provide FRA advice in developing the regulations. On
June 17, 1996, FRA published an advance notice of proposed rulemaking
(ANPRM) concerning the establishment of comprehensive safety standards
for railroad passenger equipment. See 61 FR 30672. The ANPRM provided
background information on the need for such standards, offered
preliminary ideas on approaching passenger safety issues, and presented
questions on various passenger safety topics. Following consideration
of comments received on the ANPRM and advice from FRA's Passenger
Equipment Safety Standards Working Group, FRA published an NPRM on
September 23, 1997, to establish comprehensive safety standards for
railroad passenger equipment. See 62 FR 49728. In addition to
requesting written comment on the NPRM, FRA also solicited oral comment
at a public hearing held on November 21, 1997. FRA considered the
comments received on the NPRM and prepared a final rule establishing
comprehensive safety standards for passenger equipment, which was
published on May 12, 1999. See 64 FR 25540.
After publication of the final rule, interested parties filed
petitions seeking FRA's reconsideration of certain requirements
contained in the rule. These petitions generally related to the
following subject areas: structural design; fire safety; training;
inspection, testing, and maintenance; and movement of defective
equipment. To address the petitions, FRA grouped issues together and
published in the Federal Register three sets of amendments to the final
rule. Each set of amendments summarized the petition requests at issue,
explained what action, if any, FRA decided to take in response to the
issues raised, and described FRA's justifications for its decisions and
any action taken. Specifically, on July 3, 2000, FRA issued a response
to the petitions for reconsideration relating to the inspection,
testing, and maintenance of passenger equipment, the movement of
defective passenger equipment, and other miscellaneous provisions
related to mechanical issues contained in the final rule. See 65 FR
41284. On April 23, 2002, FRA responded to all remaining issues raised
in the petitions for reconsideration, with the exception of those
relating to fire safety. See 67 FR 19970. Finally, on June 25, 2002,
FRA completed its response to the petitions for reconsideration by
publishing a response to the petitions for reconsideration concerning
the fire safety portion of the rule. See 67 FR 42892. (For more
detailed information on the petitions for reconsideration and FRA's
response to them, please see these three rulemaking documents.) The
[[Page 42018]]
product of this rulemaking was codified primarily at 49 CFR part 238
(part 238) and also at 49 CFR parts 216, 223, 229, 231, and 232.
Meanwhile, another rulemaking on passenger train emergency
preparedness produced a final rule codified at 49 CFR part 239. See 63
FR 24629; May 4, 1998. The rule addresses passenger train emergencies
of various kinds, including security situations, and requires the
preparation, adoption, and implementation of emergency preparedness
plans by railroads connected with the operation of passenger trains.
The rule requires railroads that operate intercity or commuter
passenger train service or that host the operation of such service to
adopt and comply with written emergency preparedness plans. The
emergency preparedness plans must address subjects such as
communication, employee training and qualification, joint operations,
tunnel safety, liaison with emergency responders, on-board emergency
equipment, and passenger safety information. The rule requires each
affected railroad to instruct its employees on the applicable
provisions of its plan, and the plan adopted by each railroad is
subject to formal review and approval by FRA. The rule also requires
each railroad operating passenger train service to conduct emergency
simulations to determine its capability to execute the emergency
preparedness plan under the variety of emergency scenarios that could
reasonably be expected to occur. In addition, the rule contains
requirements for the identification and usage of emergency window
exits, rescue access windows, and door exits.
B. Key Issues Identified for Future Rulemaking
Although FRA had completed these rulemakings, FRA had identified
various issues for possible future rulemaking, including those to be
addressed following the completion of additional research, the
gathering of additional operating experience, or the development of
industry standards, or all three. One such issue concerned enhancing
the requirements for corner posts on cab cars and MU locomotives. See
64 FR 25607; May 12, 1999. Current FRA requirements for corner posts
are based on conventional industry practice at the time, which had not
proven adequate in then-recent side swipe collisions with cab cars
leading. Id. FRA explained that the current requirements were being
adopted as an interim measure to prevent the introduction of equipment
not meeting the requirements, that FRA was assisting APTA in preparing
an industry standard for corner post arrangements on cab cars and MU
locomotives, and that adoption of a suitable Federal standard would be
an immediate priority. Id. In broader terms, this issue concerned the
behavior of cab car and MU locomotive end frames when overloaded, as
during an impact with maintenance-of-way equipment or with a highway
vehicle at a highway-rail grade crossing, and thus concerned collision
post strength as well. FRA and interested industry members also began
identifying other issues related to the passenger equipment safety
standards and the passenger train emergency preparedness regulations.
FRA decided to address these issues with the assistance of FRA's
Railroad Safety Advisory Committee.
C. Railroad Safety Advisory Committee (RSAC) Overview
In March 1996 FRA established RSAC, which provides a forum for
developing consensus recommendations to FRA's Administrator on
rulemakings and other safety program issues. The Committee includes
representation from all of the agency's major customer groups,
including railroads, labor organizations, suppliers and manufacturers,
and other interested parties. A list of current member groups follows:
American Association of Private Railroad Car Owners
(AARPCO);
American Association of State Highway and Transportation
Officials (AASHTO);
American Chemistry Council;
American Petroleum Institute;
APTA;
American Short Line and Regional Railroad Association
(ASLRRA);
American Train Dispatchers Association;
Association of American Railroads (AAR);
Association of Railway Museums;
Association of State Rail Safety Managers (ASRSM);
Brotherhood of Locomotive Engineers and Trainmen (BLET);
Brotherhood of Maintenance of Way Employees Division;
Brotherhood of Railroad Signalmen (BRS);
Chlorine Institute;
Federal Transit Administration (FTA)*;
Fertilizer Institute;
High Speed Ground Transportation Association;
Institute of Makers of Explosives;
International Association of Machinists and Aerospace
Workers;
International Brotherhood of Electrical Workers (IBEW);
Labor Council for Latin American Advancement*;
League of Railway Industry Women*;
National Association of Railroad Passengers (NARP);
National Association of Railway Business Women*;
National Conference of Firemen & Oilers;
National Railroad Construction and Maintenance
Association;
National Railroad Passenger Corporation (Amtrak);
National Transportation Safety Board (NTSB)*;
Railway Supply Institute (RSI);
Safe Travel America (STA);
Secretaria de Comunicaciones y Transporte*;
Sheet Metal Workers International Association (SMWIA);
Tourist Railway Association, Inc.;
Transport Canada*;
Transport Workers Union of America (TWU);
Transportation Communications International Union/BRC
(TCIU/BRC);
Transportation Security Administration*; and
United Transportation Union (UTU).
*Indicates associate, non-voting membership.
When appropriate, FRA assigns a task to RSAC, and after
consideration and debate, RSAC may accept or reject the task. If the
task is accepted, RSAC establishes a working group that possesses the
appropriate expertise and representation of interests to develop
recommendations to FRA for action on the task. These recommendations
are developed by consensus. A working group may establish one or more
task forces to develop facts and options on a particular aspect of a
given task. The task force then provides that information to the
working group for consideration. If a working group comes to unanimous
consensus on recommendations for action, the package is presented to
the full RSAC for a vote. If the proposal is accepted by a simple
majority of RSAC, the proposal is formally recommended to FRA. FRA then
determines what action to take on the recommendation. Because FRA staff
play an active role at the working group level in discussing the issues
and options and in drafting the language of the consensus proposal, FRA
is often favorably inclined toward the RSAC recommendation. However,
FRA is in no way bound to follow the recommendation, and the agency
exercises its independent judgment on whether the recommended rule
achieves the agency's regulatory goal, is soundly
[[Page 42019]]
supported, and is in accordance with policy and legal requirements.
Often, FRA varies in some respects from the RSAC recommendation in
developing the actual regulatory proposal or final rule. Any such
variations would be noted and explained in the rulemaking document
issued by FRA. If the working group or RSAC is unable to reach
consensus on recommendations for action, FRA moves ahead to resolve the
issue through traditional rulemaking proceedings.
D. Establishment of the Passenger Safety Working Group
On May 20, 2003, FRA presented, and RSAC accepted, the task of
reviewing existing passenger equipment safety needs and programs and
recommending consideration of specific actions that could be useful in
advancing the safety of rail passenger service. The RSAC established
the Passenger Safety Working Group (Working Group) to handle this task
and develop recommendations for the full RSAC to consider. Members of
the Working Group, in addition to FRA, include the following:
AAR, including members from BNSF Railway Company, CSX
Transportation, Inc., and Union Pacific Railroad Company;
AAPRCO;
AASHTO;
Amtrak;
APTA, including members from Bombardier, Inc., LDK
Engineering, Herzog Transit Services, Inc., Long Island Rail Road
(LIRR), Metro-North Commuter Railroad Company (Metro-North), Northeast
Illinois Regional Commuter Railroad Corporation (Metra), Southern
California Regional Rail Authority (Metrolink), and Southeastern
Pennsylvania Transportation Authority (SEPTA);
BLET;
BRS;
FTA;
HSGTA;
IBEW;
NARP;
RSI;
SMWIA;
STA;
TCIU/BRC;
TWU; and
UTU.
Staff from DOT's John A. Volpe National Transportation Systems
Center (Volpe Center) attended all of the meetings and contributed to
the technical discussions. In addition, staff from the NTSB met with
the Working Group when possible. The Working Group has held nine
meetings on the following dates and locations:
September 9-10, 2003, in Washington, DC;
November 6, 2003, in Philadelphia, PA;
May 11, 2004, in Schaumburg, IL;
October 26-27, 2004, in Linthicum/Baltimore, MD;
March 9-10, 2005, in Ft. Lauderdale, FL;
September 7, 2005, in Chicago, IL;
March 21-22, 2006, in Ft. Lauderdale, FL;
September 12-13, 2006, in Orlando, FL; and
April 17-18, 2007, in Orlando, FL.
At the meetings in Chicago and Ft. Lauderdale in 2005, FRA met with
representatives of Tri-County Commuter Rail and Metra, respectively,
and toured their passenger equipment. The visits were open to all
members of the Working Group, and FRA believes they have added to the
collective understanding of the Group in identifying and addressing
passenger equipment safety issues.
E. Establishment of the Crashworthiness/Glazing Task Force
Due to the variety of issues involved, at its November 2003 meeting
the Working Group established four task forces--smaller groups to
develop recommendations on specific issues within each group's
particular area of expertise. Members of the task forces include
various representatives from the respective organizations that were
part of the larger Working Group. One of these task forces was assigned
the job of identifying and developing issues and recommendations
specifically related to the inspection, testing, and operation of
passenger equipment as well as concerns related to the attachment of
safety appliances on passenger equipment. An NPRM on these topics was
published on December 8, 2005, see 70 FR 73069, and a final rule was
published on October 19, 2006, see 71 FR 61835. Another of these task
forces was established to identify issues and develop recommendations
related to emergency systems, procedures, and equipment, and helped to
develop an NPRM on these topics that was published on August 24, 2006,
see 71 FR 50276. Another task force, the Crashworthiness/Glazing Task
Force (Task Force), was assigned the job of developing recommendations
related to glazing integrity, structural crashworthiness, and the
protection of occupants during accidents and incidents. Specifically,
this Task Force was charged with developing recommendations for glazing
qualification testing and for cab car/MU locomotive end frame
optimization. Although being developed by the same Task Force, the
glazing and cab car/MU locomotive end frame recommendations are being
handled separately, and glazing is not a subject of this NPRM. The Task
Force was also given the responsibility of addressing a number of other
issues related to glazing, structural crashworthiness, and occupant
protection and recommending any research necessary to facilitate their
resolution. Members of the Task Force, in addition to FRA, include the
following:
AAR;
Amtrak;
APTA, including members from Bombardier, Inc., General
Electric Transportation Systems, General Motors--Electro-Motive
Division, Kawasaki Rail Car, Inc., LDK Engineering, LIRR, LTK
Engineering Services, Maryland Transit Administration, Massachusetts
Bay Commuter Rail Corporation (MBCR), Metrolink, Metro-North, Northern
Indiana Commuter Transportation District (NICTD), Rotem Company, Saint
Gobian Sully NA, San Diego Northern Commuter Railroad (Coaster), SEPTA,
and STV, Inc.;
BLET;
California Department of Transportation (Caltrans);
NARP;
RSI; and
UTU.
While not voting members of the Task Force, representatives from
the NTSB attended certain of the meetings and contributed to the
discussions of the Task Force. In addition, staff from the Volpe Center
attended all of the meetings and contributed to the technical
discussions.
The Task Force held six meetings on the following dates and
locations:
March 17-18, 2004, in Cambridge, MA;
May 13, 2004, in Schaumberg, IL;
November 9, 2004, in Boston, MA;
February 2-3, 2005, in Cambridge, MA;
April 21-22, 2005, in Cambridge, MA; and
August 11, 2005, in Cambridge, MA.
F. Development of the NPRM
This NPRM was developed to address concerns raised and issues
discussed about cab car and MU locomotive front-end frame structures
during the Task Force meetings and pertinent Working Group meetings.
Minutes of each of these meetings have been made part of the docket in
this proceeding and are available for public inspection. With the
exception discussed below, the Working
[[Page 42020]]
Group reached consensus on the principal regulatory provisions
contained in this NPRM at its meeting in September 2005. After the
September 2005 meeting, the Working Group presented its recommendations
to the full RSAC for concurrence at its meeting in October 2005. All of
the members of the full RSAC in attendance at its October 2005 meeting
accepted the regulatory recommendations submitted by the Working Group.
Thus, the Working Group's recommendations became the full RSAC's
recommendations to FRA in this matter. After reviewing the full RSAC's
recommendations, FRA agreed that the recommendations provided a good
basis for a proposed rule, but that test standards and performance
criteria more suitable to cab cars and MU locomotives without a flat
forward end or with energy absorbing structures used as part of a crash
energy management design (CEM), or both, should be specified. As
discussed below, the NPRM provides an option for the dynamic testing of
cab cars and MU locomotives as a means of demonstrating compliance with
the rule. However, FRA makes clear that this proposal was not the
result of an RSAC recommendation. Otherwise, FRA has adopted the RSAC's
recommendations with generally minor changes for purposes of clarity
and formatting in the Federal Register.
Overall, this NPRM is the product of FRA's review, consideration,
and acceptance of the recommendations of the Task Force, Working Group,
and full RSAC. In the preamble discussion of this proposal, FRA refers
to comments, views, suggestions, or recommendations made by members of
the Task Force, Working Group, and full RSAC, as they are identified or
contained in the minutes of their meetings. FRA does so to show the
origin of certain issues and the nature of discussions concerning those
issues at the Task Force, Working Group, and full RSAC level. FRA
believes this serves to illuminate factors it has weighed in making its
regulatory decisions, as well as the logic behind those decisions. The
reader should keep in mind, of course, that only the full RSAC makes
recommendations to FRA. However, as noted above, FRA is in no way bound
to follow the recommendations, and the agency exercises its independent
judgment on whether the recommendations achieve the agency's regulatory
goal(s), are soundly supported, and are in accordance with policy and
legal requirements.
III. Technical Background
Transporting passengers by rail is very safe. Since 1978, more than
11.2 billion passengers have traveled by rail, based on reports filed
monthly with FRA. The number of rail passengers has steadily increased
over the years, and since the year 2000 has averaged more than 500
million per year. On a passenger-mile basis, with an average of about
15.5 billion passenger-miles per year, rail travel is about as safe as
scheduled airline service and intercity bus transportation, and it is
far safer than private motor vehicle travel. Passenger rail accidents--
while always to be avoided--have a very high passenger survival rate.
Yet, as in any form of transportation, there are risks inherent in
passenger rail travel. Although no passengers died in train collision
or derailments in 2006, 12 passengers did in 2005. For this reason, FRA
continually works to improve the safety of passenger rail operations.
FRA's efforts include sponsoring the research and development of safety
technology, providing technical support for industry specifications and
standards, and engaging in cooperative rulemaking efforts with key
industry stakeholders. FRA has focused in particular on enhancing the
crashworthiness of passenger trains.
In a passenger train collision or derailment, the principal
crashworthiness risks that occupants face are the loss of safe space
inside the train from crushing of the train structure and, as the train
decelerates, the risk of secondary impacts with interior surfaces.
Therefore, the principal goals of the crashworthiness research
sponsored by FRA are twofold: First, to preserve a safe space in which
occupants can ride out the collision or derailment, and, then, to
minimize the physical forces to which occupants are subjected when
impacting surfaces inside a passenger car as the train decelerates.
Though not a part of this NPRM, other crashworthiness research focuses
on related issues such as fuel tank safety, for equipment with a fuel
tank, and the associated risk of fire if the fuel tank is breached
during the collision or derailment.
The results of ongoing research on cab car and MU locomotive front-
end frame structures help demonstrate both the effectiveness and the
practicality of the structural enhancements proposed in this NPRM to
make this equipment more crashworthy. This research is discussed below,
along with other technical information providing the background for
FRA's proposal.
A. Predominant Types of Passenger Rail Service
FRA's focus on cab car and MU locomotive crashworthiness should be
considered in the context of the predominant types of passenger rail
service in North America. The first involves operation of passenger
trains with conventional locomotives in the lead, typically pulling
consists of passenger coaches and other cars such as baggage cars,
dining cars, and sleeping cars. Such trains are common on long-
distance, intercity rail routes operated by Amtrak. On a daily basis,
however, most passenger rail service is provided by commuter railroads,
which typically operate one or both of the two most predominant types
of service: Push-pull service and MU locomotive service.
Push-pull service is passenger train service typically operated in
one direction of travel with a conventional locomotive in the rear of
the train pushing the consist (the ``push mode'') and with a cab car in
the lead position of the train; and, in the opposite direction of
travel, the service is operated with the conventional locomotive in the
lead position of the train pulling the consist (the ``pull mode'') and
with the cab car in the rear of the train. (A cab car is both a
passenger car, in that it has seats for passengers, and a locomotive,
in that it has a control cab from which the engineer can operate the
train.) Control cables run the length of the train, as do electrical
lines providing power for heat, lights, and other purposes.
MU locomotive service is passenger rail service involving trains
consisting of self-propelled electric or diesel MU locomotives. MU
locomotives typically operate semi-permanently coupled together as a
pair or triplet with a control cab at each end of the consist. During
peak commuting hours, multiple pairs or triplets of MU locomotives, or
a combination of both, are typically operated together as a single
passenger train in MU service. This type of service does not make use
of a conventional locomotive as a primary means of motive power. MU
locomotive service is very similar to push-pull service as operated in
the push mode with the cab car in the lead.
By focusing on enhancements to cab car and MU locomotive
crashworthiness, FRA seeks to enhance the safety of the two most
typical forms of passenger rail service in the U.S.
[[Page 42021]]
B. Front-End Frame Structures of Cab Cars and MU locomotives
Structurally, MU locomotives and cab cars built in the same period
are very similar, and both are designed to transport and be occupied by
passengers. The principal distinction is that cab cars do not have
motors to propel themselves. Unlike MU locomotives and cab cars,
conventional locomotives are not designed to be occupied by
passengers--only by operating crewmembers. Concern has been raised
about the safety of cab car-led and MU locomotive train service due to
the closer proximity of the engineer and passengers to the leading end
of the train than in conventional locomotive-led service.
The principal purpose of cab car and MU locomotive end frame
structures is to provide protection for the engineer and passengers in
the event of a collision where the superstructure of the vehicle is
directly engaged and the underframe is either not engaged or only
indirectly engaged in the collision. In the event of impacts with
objects above the underframe of a cab car or MU locomotive, the end
frame members are the primary source of protection for the engineer and
the passengers. There are various types of cab cars and MU locomotives
in current use. As discussed below, a flat-nosed, single-level cab car
has been used for purposes of FRA-sponsored crashworthiness research.
(The cab car was originally constructed as an MU locomotive but had its
traction motors removed for testing.) Flat-nosed designs are
representative of a large proportion of the cab car and MU locomotive
fleet.
In a typical flat-nosed cab car, the end frame is composed of
several structural elements that act together to resist inward
deformations under load. The base of the end frame structure is
composed of the end/buffer beam, which is directly connected to the
draft sill of the vehicle. For cars that include stepwells, the side
sills of the underframe generally do not directly connect to the end/
buffer beam. There are four major vertical members connected to the
end/buffer beam: two collision posts located approximately at the one-
third points along the length of the beam, and two corner posts located
at the outermost points of the beam. These structural elements are also
connected together through two additional lateral members: a lateral
member/shelf located just below the window frame structure, and an
anti-telescoping plate at the top. The attachment of the end frame
structure to the rest of the vehicle typically occurs at three
locations. The first location is at the draft sill at the level of the
underframe. This is the main connection where a majority of any
longitudinal load applied to the end frame is reacted into the
underframe of the vehicle. There are two other connections at the cant/
roof rail located at either side of the car just below the level of the
roof. When a longitudinal load is applied to the end frame, it is
reacted by the draft sill and the cant rails into the main carbody
structure. A schematic of a typical arrangement is depicted in Figure
1.
[[Page 42022]]
[GRAPHIC] [TIFF OMITTED] TP01AU07.000
C. Accident History
In a collision involving the front end of a cab car or an MU
locomotive, it is vitally important that the end frame behaves in a
ductile manner, absorbing some of the collision energy in order to
maintain sufficient space in which the engineer and passengers can ride
out the event. An example of a collision where the end frame did not
effectively absorb collision energy occurred in Portage, IN, in 1998
when a NICTD train consisting of MU locomotives struck a tractor-tandem
trailer carrying steel coils that had become immobilized on a grade
crossing.\1\ The leading MU locomotive impacted a steel coil at a point
centered on one of its collision posts, the collision post failed, and
the steel coil penetrated into the interior of the locomotive,
resulting in three fatalities. Little of the collision energy was
absorbed by the collision post, because the post had failed before it
could deform in any significant way.
---------------------------------------------------------------------------
\1\ National Transportation Safety Board, ``Collision of
Northern Indiana Commuter Transportation District Train 102 with a
Tractor-Trailer Portage, Indiana, June 18, 1998,'' RAR-99-03, 07/26/
1999.
---------------------------------------------------------------------------
There are additional examples of incidents where the end frame of a
cab car or an MU locomotive was engaged during a collision and a loss
of survivable volume ensued due to the failure of end frame structures.
As detailed in the NTSB accident reports referenced below, one such
incident was the 1996 Secaucus, NJ collision between a cab car-led
consist with a conventional locomotive-led consist,\2\ in which the
right corner post of the cab car and its supporting end frame structure
had separated from the car.
[[Page 42023]]
Another such incident was the 1996 Silver Spring, MD collision between
a cab car-led consist with a locomotive-led consist, in which the cab
car's left corner post and its supporting end frame structure had
separated from the car.\3\ Although the speeds associated with certain
past events are greater than what can be fully protected against, and
even though enhancements to passenger train emergency features and
other requirements unrelated to crashworthiness, such as fire safety,
may overall do as much or more to prevent or mitigate the consequences
of these types of events, they do provide indicative loading conditions
for developing structural enhancements that can improve crashworthiness
performance.
---------------------------------------------------------------------------
\2\ National Transportation Safety Board, ``Railroad Accident
Report: Near Head-On Collision and Derailment of Two New Jersey
Transit Commuter Trains Near Secaucus, New Jersey, February 9,
1996,'' RAR-97-01, 03/25/1997.
\3\ National Transportation Safety Board, ``Collision and
Derailment of Maryland Rail Commuter MARC Train 286 and National
Railroad Passenger Corporation AMTRAK Train 29 Near Silver Spring,
Maryland, February 16, 1996,'' RAR-97-02, 06/17/1997.
---------------------------------------------------------------------------
FRA also notes that on January 26, 2005 in Glendale, CA, a
collision involving an unoccupied sport utility vehicle (SUV) that was
parked on the track, two Metrolink commuter trains, and a standing
freight train resulted in 11 deaths and numerous injuries. Eight of the
fatalities occurred on a cab car-led passenger train which derailed
after striking the SUV, causing the cab car to be guided down a
railroad siding, which resulted in an impact at an approximate speed of
49 mph with the standing freight train. After the collision with the
standing freight train, the rear end of the lead cab car buckled
laterally, obstructing the right-of-way of an oncoming, conventional
locomotive-led passenger train. The rear end of the cab car raked the
side of the conventional locomotive-led train, which was moving at an
approximate speed of 51 mph, crushing occupied areas of that train.
This incident involved enormous quantities of kinetic energy, and the
underframe of the leading cab car crushed more than 20 feet inward.
Because the strength of the end frame is ultimately dependent on the
strength of the underframe, which failed, stronger collision posts and
corner posts on the front end of the leading cab car would have been,
in themselves, of little benefit in absorbing the collision energy. For
this reason, as discussed below, FRA has been exploring other
crashworthiness strategies, such as CEM, to help mitigate the effects
of collisions involving higher impact speeds. Nevertheless, CEM will
also require proper end frame performance in order to function as
intended.
D. FRA and Industry Standards for Front-End Frame Structures of Cab
Cars and MU Locomotives
Both the Federal government and the passenger railroad industry
have been working together to improve the crashworthiness of cab cars
and MU locomotives. As noted above, in 1999, after several years of
development and in consultation with a working group comprised of key
industry stakeholders, FRA promulgated the Passenger Equipment Safety
Standards final rule. The rule included end frame structure
requirements and other crashworthiness-related requirements for cab
cars, MU locomotives, and other passenger equipment. In particular, the
final rule provided for strengthened collision posts for new cab cars
and MU locomotives (i.e., those ordered on or after September 8, 2000,
or placed in service for the first time on or after September 9, 2002).
APTA also issued industry standards in 1999, in furtherance of its
initiative to continue the development and maintenance of voluntary
industry standards for the safety of railroad passenger equipment. In
particular, APTA Standards SS-C&S-013-99 and SS-C&S-014-99 included
provisions on end frame designs for cab cars and MU locomotives.\4\
Specifically, APTA's standards included increased industry requirements
for the strength of cab car and MU locomotive vertical end frame
members--collision posts and corner posts. The 1999 APTA standards also
included industry requirements for the deformation of these end frame
vertical members, specifying that they must be able to sustain ``severe
deformation'' before failure of the connections to the underframe and
roof structures.
---------------------------------------------------------------------------
\4\ American Public Transportation Association, Member Services
Department, Manual of Standards and Recommended Practices for
Passenger Rail Equipment, Issue of July 1, 1999.
---------------------------------------------------------------------------
In January 2000, APTA requested that FRA develop information on the
effectiveness of APTA's then-recently introduced Manual of Standards
and Recommended Practices for passenger rail equipment, which included
APTA SS-C&S-013-99 and APTA SS-C&S-014-99, and FRA's then-recently
issued Passenger Equipment Safety Standards rule. This review was
intended to look in particular at what increase in crashworthiness was
obtained for cab cars and MU locomotives through the combination of
these standards and regulations. FRA shared APTA's interest and
included full-scale impact tests and associated planning and analysis
activities in its overall research plan to gather this information. FRA
then developed the details of the testing process in conjunction with
APTA's Passenger Rail Equipment Safety Standards (PRESS) Construction-
Structural (C&S) Subcommittee.
Around this same time, questions arose in the passenger rail
industry in applying the APTA standards for collision posts and corner
posts to new cab cars and MU locomotives. Views differed as to what the
standards actually specified-namely, the meaning of ``severe
deformation'' in the provisions calling for corner and collision posts
to sustain ``severe deformation'' before failure of the posts'
attachments. Consequently, there was not common agreement as to whether
particular designs met the standards. On May 22, 2003, APTA's PRESS
Committee accepted the recommendation of its C&S Subcommittee to
replace these provisions in the standards with a recommended practice
that the corner and collision post attachments be able to sustain
minimum prescribed loads with negligible deformation.\5\ Both APTA
Standards SS-C&S-013-99 and SS-C&S-014-99 were then otherwise
incorporated in their entirety into APTA SS-C&S-034-99, Standard for
the Design and Construction of Passenger Railroad Rolling Stock. (APTA
combined these and other structural standards for the design of rail
passenger equipment into a single document, for ease of reference for
railroads and car builders.)
---------------------------------------------------------------------------
\5\ American Public Transportation Association, Member Service
Department, Manual of Standards and Recommended Practices for
Passenger Rail Equipment, Issue of May 1, 2004.
---------------------------------------------------------------------------
Nevertheless, when the decision to turn these provisions into a
recommended practice was made, ongoing research from full-scale impact
tests was showing that a substantial increase in cab car and MU
locomotive crashworthiness could be achieved by designing the posts to
first deform and, thereby, absorb collision energy before failing.\6\
As discussed below, in August 2005, APTA's PRESS C&S Subcommittee
accepted a revised ``severe deformation'' standard for collision and
corner posts. The standard includes requirements for minimum energy
absorption and maximum deflection. The standard thereby eliminates a
deficiency in the 1999 APTA standards by specifying test criteria to
objectively measure ``severe
[[Page 42024]]
deformation.'' This NPRM proposes to codify this standard.
---------------------------------------------------------------------------
\6\ Mayville, R., Johnson, K., Tyrell, D., Stringfellow, R.,
``Rail Vehicle Cab Car Collision and Corner Post Designs According
to APTA S-034 Requirements,'' American Society of Mechanical
Engineers, Paper No. MECE2003-44114, November 2003.
---------------------------------------------------------------------------
E. Testing of Front-End Frame Structures of Cab Cars and MU locomotives
This section summarizes the work done by FRA and the passenger rail
industry on developing the technical information to make
recommendations for regulations requiring that corner and collision
posts in cab car and MU locomotive front-end frames fail in a
controlled manner when overloaded. Due to the collaborative work of FRA
with the passenger rail industry, APTA's current passenger rail
equipment standards include deformation requirements, which prescribe
how these vertical members should perform when overloaded.
1. Designs Evaluated by FRA
Two end frame designs were developed for purposes of evaluating
incremental improvements in the crashworthiness performance, in
highway-rail grade crossing collision scenarios, of modern corner and
collision post designs when compared against the performance of older
designs. The first end frame design was representative of typical
designs of passenger rail vehicles in the 1990s prior to 1999. (The
first end frame design is referred to as the ``1990s design.'') The
second end frame design incorporated all the enhancements required
beginning in 1999 by FRA's Passenger Equipment Safety Standards rule in
part 238 and also recommended beginning in 1999 by APTA's standards for
corner post and collision post structures, respectively, SS-C&S-013 and
SS-C&S-014. (The second end frame design is referred to as the State-
of-the-Art (SOA) design.) The two end frame designs developed were then
retrofitted onto two Budd Pioneer passenger rail cars for testing.
The SOA design differed principally from the 1990s design by having
higher values for static loading of the end structure and by
specifically addressing the performance of the collision and corner
posts when overloaded. As noted above, the 1999 APTA standards for cab
car and MU locomotive end structures included the following statement
for both corner and collision posts:
[The] post and its supporting structure shall be designed so
that when it is overloaded * * * failure shall begin as bending or
buckling in the post. The connections of the post to the supporting
structure, and the supporting car body structure, shall support the
post up to its ultimate capacity. The ultimate shear and tensile
strength of the connecting fasteners or welds shall be sufficient to
resist the forces causing the deformation, so that shear and tensile
failure of the fasteners or welds shall not occur, even with severe
deformation of the post and its connecting and supporting structural
elements.
(See paragraph 4.1 of APTA SS-C&S-013-99, and paragraph 3.1 of APTA
SS-C&S-014-99.) Although the term ``severe deformation'' was not
specifically defined in the APTA standards, discussions with APTA
technical staff led to specifying ``severe deformation'' in the SOA
design as a horizontal crush of the corner and collisions posts for a
distance equal to the posts' depth. Some failure of the parent material
in the posts was allowable, but no failure would be allowed in the
welded connections, as the integrity of the welded connections prevents
complete separation of the posts from their connections.
An additional difference in the designs was the exclusion of the
stepwells for the SOA design, to allow for extended side sills from the
body bolster to the end/buffer beam. By bringing the side sills forward
to support the end/buffer beam directly at the corners, the end/buffer
beam can be developed to a size similar to the one for the 1990s
design. In fact, recent cab car procurements have provided for
elimination of the stepwells at the ends of the cars.
As compared to the 1990s design, the SOA design had the following
enhancements: More substantial corner posts; a bulkhead sheet
connecting the collision and corner posts, extending from the floor to
the transverse member connecting the posts; and a longer side sill that
extended along the engineer's compartment to the end beam, removing the
presence of a stepwell. In addition to changes in the cross-sectional
sizes and thickness of some structural members, another change in the
SOA design was associated with the connection details for the corner
posts. In comparison to the corner posts, the collision posts of both
the 1990s and SOA designs penetrated both the top and bottom flanges of
both the end/buffer beam and the anti-telescoping plate. This was based
upon typical practice in the early 1990s for the 1990s design, and a
provision in the APTA standard for the SOA design. Yet, the corner
posts differed in that the corner posts for the 1990s design did not
penetrate both top and bottom flanges of the end/buffer and anti-
telescoping beams, while those in the SOA design did. The SOA design
therefore had a significantly stiffer connection that was better able
to resist torsional loads transferred to the anti-telescoping plate.
2. FRA Dynamic Impact Testing
Two full-scale, grade crossing impact tests were conducted as part
of an ongoing series of crashworthiness tests of passenger rail
equipment. The grade crossing tests were designed to address the
concern of occupant vulnerability to bulk crushing resulting from
offset/oblique collisions where the primary load-resisting-structure is
the equipment's end frame design. Both tests were conducted in June
2002, and in each test a single cab car impacted a 40,000-lb steel coil
resting on a frangible table at a nominal speed of 14 mph. The steel
coil was situated such that it impacted the corner post above the cab
car's end sill. The principal difference between the two tests involved
the end frame design tested: in one test, the cab car was fitted with
the 1990s end frame design; in the other, the cab car was fitted with
the SOA end frame design.
Prior to the tests, the crush behaviors of the cars and their
dynamic responses were simulated with car crush and collision dynamics
models. The car crush model was used to determine the force/crush
characteristics of the corner posts, as well as their modes of
deformation.\7\ The collision dynamics model was used to predict the
extent of crush of the corner posts as a function of impact velocity,
as well as the three-dimensional accelerations, velocities, and
displacements of the cars and coil.\8\ Pre-test analyses of the models
were used in determining the initial test conditions and
instrumentation test requirements.
---------------------------------------------------------------------------
\7\ Martinez, E., Tyrell, D., Zolock, J., ``Rail-Car Impact
Tests with Steel Coil: Car Crush,'' American Society of Mechanical
Engineers, Paper No. JRC2003-1656, April 2003.
\8\ Jacobsen, K., Tyrell, D., Perlman, A.B., ``Rail-Car Impact
Tests with Steel Coil: Collision Dynamics,'' American Society of
Mechanical Engineers, Paper No. JRC2003-1655, April 2003.
---------------------------------------------------------------------------
The impact speed of approximately 14 mph for both tests was chosen
so that there would be significant intrusion (more than 12 inches) into
the engineer's cab in the test of the 1990s design, and limited
intrusion (less than 12 inches) in the test of the SOA design. This 12-
inch deformation metric was chosen to demarcate the amount of intrusion
that leaves sufficient space for the engineer to ride out the collision
safely.
During the full-scale tests, the impact force transmitted to the
1990s design end structure exceeded the corner post's predicted
strength, and the corner post separated from its upper attachment. Upon
impact, the corner post began to hinge near the contact point with the
coil; subsequently, tearing at the upper connection occurred. The
intensity of
[[Page 42025]]
the impact ultimately resulted in the failure of the upper connection
of the corner post to the anti-telescoping plate. More than 30 inches
of deformation occurred.
The SOA design performed very closely to pre-test predictions made
by the finite element and collision dynamics models. See Figure 2. The
SOA design crushed approximately 9 inches in the longitudinal
direction.
[GRAPHIC] [TIFF OMITTED] TP01AU07.001
Pre-test analyses for the 1990s design using the car crush model
and collision dynamics model were in close agreement with the
measurements taken during the actual testing of the cab car end frame
built to this design. The pre-test analyses also nearly overlay the
test results for the force/crush characteristic of the SOA design. As a
result, FRA believes that both sets of models are capable of predicting
the modes of structural deformation and the total amount of energy
consumed during a collision. Careful application of finite-element
modeling allows accurate prediction of the crush behavior of rail car
structures.
Both the methodologies used to design the cab car end frames and
the results of the tests show that significant increases in rail
passenger equipment crashworthiness can be achieved if greater
consideration is given to the manner in which structural elements
deform when overloaded. Modern methods of analysis can accurately
predict structural crush (severe deformation) and consequently can be
used with confidence to develop structures that collapse in a
controlled manner. Modern testing techniques allow the verification of
the crush behavior of such structures.
3. Industry Quasi-Static Testing
While FRA's full-scale, dynamic testing program was being planned
and conducted with input from key industry representatives, several
passenger railroads were incorporating in procurement specifications
the then-newly promulgated Federal regulations and industry standards
issued in 1999. Specifically, both LIRR and Metro-North had contracted
with Bombardier for the development of a new MU locomotive design, the
M7 series. Bombardier conducted a series of qualifying quasi-static
tests on a mock-up, front-end structure of an M7, including a severe
deformation test of the collision post. In addition to the severe
deformation test, the other end frame members were also tested
elastically at the enhanced loads specified in the APTA standards. The
severe deformation qualification test was conducted on February 20,
2001.
The quasi-static testing of the M7 collision post was conducted on
a mock-up test article. The first 19.25 feet of the car structure was
fabricated, from the car's body bolster to the front end, so that the
mock-up contained all structural elements. Load was applied at
incrementally increasing levels with hydraulic jacks while being
measured by load cells at the rear of the longitudinal end frame
members. Initially, the elastic limit was determined for the post, and
then the large deformation test was conducted. The test was stopped,
for safety considerations, prior to full separation of the collision
post with the end/buffer beam.
The maximum deflection in the collision post before yielding
occurred at a position 42 inches above the end beam, near the top of
the plates used to reinforce the collision post. The plastic shape the
collision post acquired during testing was `V'-shaped, with a plastic
hinge occurring at 42 inches above the end beam. Some cracking and
material failure occurred at the connection of the post with the end
beam. The anti-telescoping plate was pulled down roughly three inches,
and load was shed to the corner post via the shelf member and the
bulkhead sheet. The shape that the collision post experienced is very
similar to what was observed from the dynamic testing of the SOA corner
post, as discussed above.
4. Comparative Analyses
Under FRA sponsorship, the Volpe Center, with cooperation from
Bombardier, conducted non-linear, large deformation analyses to
evaluate the performance of the cab car corner and collision posts of
the SOA end frame design and the Bombardier M7 design under dynamic
test conditions. One of the purposes of this research was to determine
whether the level of crashworthiness demonstrated by the SOA prototype
design could actually be achieved by a general production design--here,
the M7 design. Pre-test
[[Page 42026]]
analysis predictions of the dynamic performance of the SOA corner post
closely matched test measurements.\9\ A similar analysis of the corner
post was performed on the M7 design, and the results compared closely
with the SOA design test and analysis results. Overall, the
crashworthiness performance of the collision posts of the SOA and M7
designs were found to be essentially the same, and the M7 corner post
design was even found to perform better than the SOA corner post
design. This latter difference in performance is attributable to the
sidewall support in the M7 design, which is not present in the SOA
design.
---------------------------------------------------------------------------
\9\ Martinez, E., Tyrell, D., Zolock, J. Brassard, J., ``Review
of Severe Deformation Recommended Practice Through Analyses--
Comparison of Two Cab Car End Frame Designs,'' American Society of
Mechanical Engineers, Paper No. IMECE2005-70043, March 2005.
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Having established the fidelity of the models and modeling
approach, a number of comparative simulations were conducted of both
the SOA end frame and the M7 end frame under both dynamic and quasi-
static test conditions to assess the equivalency of the two different
tests for demonstrating compliance with the severe deformation
standard. For both sets of tests, the modes of deformation were very
similar at the same extent of longitudinal displacement, and the
locations where material failure occurred were also similar. In
addition, the predicted force-crush characteristics showed reasonable
agreement within the repeatability of the tests. Figure 3, below, shows
a comparison of the deformation modes for the M7, as observed from the
quasi-static testing and as predicted for the dynamic coil loading
condition.
[GRAPHIC] [TIFF OMITTED] TP01AU07.002
F. Approaches for Specifying Large Deformation Requirements
As discussed above, APTA's initial ``severe deformation'' standard,
published in 1999, did not contain specific methodologies or criteria
for demonstrating compliance with the standard. Consequently, the
dynamic tests performed by FRA and the Volpe Center, static tests
performed by members of the rail industry, and analyses conducted by
the Volpe Center and its contractors all helped to develop the base of
information needed to identify the types of analyses and test
methodologies to use. Further, evaluation of the test data, with the
analyses providing a supporting framework, allowed development of
appropriate criteria to demonstrate compliance.
The principal criteria developed involve energy absorption through
end frame deformation and the maximum amount of that deformation. As
shown by FRA and industry testing, energy can be imparted to
conventional flat-nosed cab cars and MU locomotives either dynamically
or quasi-statically. As shown by Volpe Center analyses, currently
available engineering tools can be used to predict the results of such
tests. Given the complexity of such analyses, and commensurate
uncertainties, there is a benefit to maintaining dynamic testing as an
option for evaluating compliance with any ``severe deformation''
standard.
There are tradeoffs between quasi-static and dynamic end frame
testing of cab cars and MU locomotives. Both sets of tests prescribe a
minimum amount of energy for end frame deformation. However, the manner
in which the energy is applied is different, and the setup of the two
types of tests is different. As demonstrated by the tests
[[Page 42027]]
conducted by Bombardier, quasi-static tests can be conducted by rail
equipment manufacturers at their own facilities. Dynamic tests require
a segment of railroad track with appropriate wayside facilities; there
are few such test tracks available. Nevertheless, dynamic tests do not
require detailed knowledge of the car structure to be tested, and allow
for a wide range of structural designs. Quasi-static tests require
intimate knowledge of the structure being tested, to assure appropriate
support and loading conditions, and development of quasi-static test
protocols requires assumptions about the layout of the structure,
confining structural designs. In addition, dynamic tests more closely
approximate accident conditions than quasi-static tests do.
In August 2005, APTA's PRESS C&S Subcommittee accepted a revised
``severe deformation'' standard for collision and corner posts. The
standard includes requirements for minimum energy absorption and
maximum deflection. The form of the standard is largely based on the
testing done by Bombardier, and therefore is quasi-static. The standard
eliminates a deficiency of the 1999 standards by specifying test
criteria to objectively measure ``severe deformation.'' The standard
can be readily applied to conventional flat-end cab cars and MU
locomotives, but is more difficult to apply to shaped-nosed cab cars
and MU locomotives or those with crash energy management designs.
In addition, APTA as well as several equipment manufacturers have
expressed an interest in maintaining the presence of a stairwell on the
side of the cab car or MU locomotive opposite from where the locomotive
engineer is situated. This feature enables multi-level boarding from
both low and higher platforms. As such, FRA and the APTA PRESS C&S
group worked together to develop language associated with providing a
safety equivalent to the requirements stipulated for cab car and MU
locomotive corner posts in terms of energy absorption and graceful
deformations. The group agreed that for this arrangement there is
sufficient protection afforded by the presence of two corner posts (an
end corner post and an internal adjacent body corner post) that are
situated in front of the occupied space. The load requirements
stipulated for such posts differ in that longitudinal requirements are
not equal to the transverse requirements. This in effect changes the
shape of these posts so that they are not equal in both width and
height. For the end corner post the longitudinal loads are smaller than
the transverse loads. The opposite is true for the body corner post.
Despite the changes in the loading requirements from longitudinal to
transverse, it was agreed to allow for the combined contribution of
both sets of corner posts to provide an equivalent level of protection
to that required for corner posts in other cab car and MU locomotive
configurations. See the discussion in the section-by-section on the
structural requirements for cab cars and MU locomotives with a
stairwell located on the side of the equipment opposite from where the
locomotive engineer is situated.
G. Crash Energy Management and the Design of Front-End Structures of
Cab Cars and MU Locomotives
Research has shown that passenger rail equipment crashworthiness in
train-to-train collisions can be significantly increased if the
equipment structure is engineered to crush in a controlled manner. One
manner of doing so is to design sacrificial crush zones into unoccupied
locations in the equipment. These crush zones are designed to crush
gracefully, with a lower initial force and increased average force.
With such crush zones, energy absorption is shared by multiple cars
during the collision, consequently helping to preserve the integrity of
the occupied areas. While developed principally to protect occupants in
train-to-train collisions, such crush zones can also potentially
significantly increase crashworthiness in highway-rail grade-crossing
collisions.\10\
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\10\ Tyrell, D.C., Perlman, A.B., ``Evaluation of Rail Passenger
Equipment Crashworthiness Strategies,'' Transportation Research
Record No. 1825, pp. 8-14, National Academy Press, 2003.
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The approach of including crush zones in passenger rail equipment
is termed CEM, and it extends from current, conventional practice.
Current practice for passenger equipment operated at speeds not
exceeding 125 mph (i.e., Tier I passenger equipment under part 238)
requires that the equipment be able to support large loads without
permanent deformation or failure, but doe