Passenger Train Exterior Side Door Safety, 76117-76149 [2015-30488]
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Vol. 80
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Part III
Department of Transportation
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Federal Railroad Administration
49 CFR Part 238
Passenger Train Exterior Side Door Safety; Final Rule
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 238
[Docket No. FRA–2011–0063, Notice No. 2]
RIN 2130–AC34
Passenger Train Exterior Side Door
Safety
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This final rule will improve
the integrity of passenger train exterior
side door safety systems and promote
passenger train safety overall through
new safety standards for the safe
operation and use of passenger train
exterior side doors. This final rule will
limit the number and severity of injuries
involving passenger train exterior side
doors and enhance the level of safety for
passengers and train crewmembers.
DATES: This final rule is effective
February 5, 2016. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of February 5,
2016. Petitions for reconsideration must
be received on or before February 5,
2016. Comments in response to
petitions for reconsideration must be
received on or before March 21, 2016.
ADDRESSES: Petitions for reconsideration
and comments on petitions for
reconsideration: Petitions for
reconsideration or comments on
petitions for reconsideration related to
Docket No. FRA–2011–0063, Notice No.
2, may be submitted by any of the
following methods:
• Web site: The Federal eRulemaking
Portal, www.regulations.gov. Follow the
Web site’s online instructions for
submitting comments, to include
petitions for reconsideration.
• Fax: 202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., Room W12–
140, Washington, DC 20590.
• Hand Delivery: Docket Management
Facility, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Room W12–140 on the
Ground level of the West Building,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking
(2130–AC34). Note that all comments
received will be posted without change
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SUMMARY:
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to https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading in
the SUPPLEMENTARY INFORMATION section
of this document for Privacy Act
information for any submitted
comments, petitions, or materials.
Docket: For access to the docket to
read background documents, any
petition for reconsideration submitted,
or comments received, go to https://
www.regulations.gov at any time or visit
the Docket Management Facility, U.S.
Department of Transportation, 1200
New Jersey Avenue SE., Room W12–140
on the Ground level of the West
Building, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Pete
´
Lapre, Railroad Safety Specialist,
Passenger Rail Division, U.S.
Department of Transportation, Federal
Railroad Administration, Office of
Railroad Safety, Mail Stop 25, West
Building 3rd Floor, 1200 New Jersey
Avenue SE., Washington, DC 20590
(telephone: 845–216–5794); or Brian
Roberts, Trial Attorney, U.S.
Department of Transportation, Federal
Railroad Administration, Office of Chief
Counsel, Mail Stop 10, West Building
3rd Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone: 202–
493–6052).
SUPPLEMENTARY INFORMATION:
Table of Contents for Supplementary
Information
I. Executive Summary
II. Statutory and Regulatory Background
A. Passenger Equipment Safety Standards
Background
B. The Need for New Design Standards and
Operating Practices for Exterior Side
Doors on Passenger Train Equipment
C. RSAC Overview
D. Passenger Safety Working Group and
General Passenger Safety Task Force
III. Discussion of Specific Comments and
Conclusions
IV. Technical Background
A. Overview
B. Scope of FRA Safety Assessment of
Passenger Railroads
C. Uses of Passenger Car Exterior Side
Doors
D. Types of Passenger Car Exterior Side
Doors
E. Exterior Side Door Configurations and
Operation
F. Assessment Findings
1. Door Position
2. Door Control Panels
3. FMECA
4. Power Door Status
5. No-Motion Circuit
6. End-of-Train Circuit
7. Door Safety Features
8. Traction Inhibit
9. Malfunctioning Equipment and Door
Lock-Out
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10. Malfunctioning Equipment and Door
By-Pass
11. Effects of Throttle Use on Powered
Exterior Side Doors
12. Mixed Consist Operation
13. Operating Rules
V. Section-by-Section Analysis
VI. Regulatory Impact and Notices
A. Executive Orders 12866 and 13563 and
DOT Regulatory Policies and Procedures
B. Regulatory Flexibility Act and Executive
Order 13272; Certification of No
Significant Economic Impact on a
Substantial Number of Small Entities
C. Paperwork Reduction Act
D. Federalism Implications
E. International Trade Impact Assessment
F. Environmental Impact
G. Executive Order 12898 (Environmental
Justice)
H. Executive Order 13175 (Tribal
Consultation)
I. Unfunded Mandates Reform Act of 1995
J. Energy Impact
K. Privacy Act
L. Analysis Under 1 CFR Part 51
I. Executive Summary
Having carefully considered the
public comments in response to FRA’s
March 26, 2014, proposed rule on
passenger train exterior side door safety,
see 79 FR 16978, FRA issues this final
rule amending the Passenger Equipment
Safety Standards, 49 CFR part 238. This
final rule establishes new requirements
to improve the integrity of passenger
train exterior side door safety systems
and promote passenger train safety
overall through new safety standards for
the safe operation and use of passenger
train exterior side doors (also sometimes
referred to in this rulemaking as ‘‘doors’’
and ‘‘side doors’’). Through the new
requirements in this final rule, FRA
intends to limit the number and severity
of injuries associated with the use and
operation of passenger train exterior
side doors and increase the overall level
of safety for passengers and train
crewmembers.
This final rule is based on
recommended language developed by
the Railroad Safety Advisory
Committee’s (RSAC) General Passenger
Safety Task Force (Task Force) and
includes new requirements for both
powered and manual exterior side doors
and door safety systems on passenger
trains. Operating rules for train crews
relating to exterior side doors and their
safety systems on passenger trains and
new definitions for this part are also
included in this final rule. In addition,
this final rule incorporates by reference
American Public Transportation
Association (APTA) Standard PR–M–S–
18–10, ‘‘Standard for Powered Exterior
Side Door System Design for New
Passenger Cars’’ (February 11, 2011),
which contains a set of minimum
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standards for powered exterior side door
systems and door system functioning on
new rail passenger cars and locomotives
used in passenger service.
Other requirements established by
this final rule include, but are not
limited to: Equipping new passenger
cars with powered exterior side doors
with an obstruction detection system;
connecting new passenger cars (with
either manual or powered exterior side
doors) to a door summary circuit to
prohibit the train from developing
tractive power if any of the exterior side
doors are open; requiring safety
briefings for train crews to identify
crewmember responsibilities for the safe
operation of exterior side doors;
operating passenger trains with their
exterior side doors and trap doors
closed when in motion between
stations, except in limited
circumstances or with FRA prior
approval; and requiring railroads to
develop operating rules on how to safely
operate the exterior side doors of a
passenger train with incompatible
exterior side door safety systems and
how to safely override a door summary
circuit or a no-motion system, or both,
when an exterior side door failure or
malfunction occurs.
FRA analyzed the economic impacts
of this final rule against a ‘‘no action’’
baseline that reflects what would
happen in the absence of this final rule.
FRA expects the requirements for the
operating rules and adopted APTA
standard for new equipment to prevent
on average about 19 injuries and 0.20
fatalities per year in the future based on
similar incidents in the past. The
estimated benefits from these prevented
casualties over a 20-year period total
$83.9 million undiscounted; these
estimated benefits have a present value
of $43.3 million calculated using a 7percent discount rate, and a present
value of $61.7 million calculated using
a 3-percent discount rate. Given that
some procedural and equipment errors
may still occur in the future, the
analysis assumes a 50-percent
effectiveness rate in preventing these
types of injuries and fatalities when
estimating monetary benefits. In
addition, there may be other benefits
from the final rule, such as fewer
passenger claims for personal property
damage, maintaining passenger
goodwill and trust, and by lowering
future maintenance costs (by
encouraging the replacement of older
equipment with new passenger cars
equipped with more reliable door safety
systems).
FRA also quantified the incremental
burden of the final rule upon commuter
and intercity passenger railroads. The
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primary contributor to the estimated
costs is the train crew’s task of verifying
that the door by-pass devices on the
train are sealed in the normal non-bypass mode, an operating rule
requirement. The door by-pass devices
are used to override door safety systems
in certain circumstances, for example,
allowing a train to develop tractive
power and complete its route. The
second greatest cost factor is the
estimated cost to implement some of the
door safety features on new passenger
cars with either powered or manual
doors and locomotives used in
passenger service. The estimated costs
over the 20-year period of analysis total
$15.2 million undiscounted, with a
present value of about $8.3 million
calculated using a 7-percent discount
rate, and a present value of about $11.5
million calculated using a 3-percent
discount rate. The rule incurs relatively
small costs because most of the initial
burdens are expected from changes to
railroad operating rules. The design
standards for door safety systems apply
to new passenger cars and locomotives
used in passenger service where they
can be installed cost-effectively.
These costs and benefits result in net
positive benefits over 20 years of about
$68.7 million undiscounted, with a
present value of $35.0 million
calculated using a 7-percent discount
rate, and present value of $50.2 million
calculated using a 3-percent discount
rate.
II. Statutory and Regulatory
Background
A. Passenger Equipment Safety
Standards Background
In September 1994, the U.S. Secretary
of Transportation (Secretary) 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
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 (Act),
Public Law 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 and issuing
orders under them. Section 215 of the
Act (codified at 49 U.S.C. 20133). The
Secretary has delegated such
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responsibilities to the Administrator of
FRA. See 49 CFR 1.89.
FRA formed the Passenger Equipment
Safety Standards Working Group to
provide FRA with advice in developing
the regulations Congress mandated, and
on May 12, 1999, published a final rule
containing a set of comprehensive safety
standards for railroad passenger
equipment. See 64 FR 25540. After
publication of the final rule, interested
parties filed petitions seeking FRA’s
reconsideration of certain requirements
in the rule and on June 25, 2002, FRA
completed its response to the petitions
for reconsideration. See 67 FR 42892.
The product of that rulemaking was
codified primarily at 49 CFR part 238
and secondarily at 49 CFR parts 216,
223, 229, 231, and 232.
One of the purposes of the Passenger
Equipment Safety Standards is
protecting the safety of passenger train
occupants in an emergency, including
providing for emergency egress and
rescue access through exterior side
doors. See 49 CFR 238.235 and 238.439.
FRA has engaged in rulemaking to
amend the Passenger Equipment Safety
Standards, and notably, on February 1,
2008, FRA published a final rule on
Passenger Train Emergency Systems
addressing: Emergency communication,
emergency egress, and rescue access.
See 73 FR 6370. FRA has also
established additional requirements for
passenger train emergency systems,
including doors used for emergency
egress and rescue access. See Passenger
Train Emergency Systems II final rule
published on November 29, 2013, 78 FR
71785. However, these subsequent
proceedings have not focused on the
safety of doors systems in nonemergency situations.
B. The Need for New Design Standards
and Operating Practices for Exterior
Side Doors on Passenger Train
Equipment
FRA’s principal reason for issuing this
final rule is to reduce the number and
severity of injuries caused by exterior
side doors striking or trapping
passengers as they board or alight from
passenger trains in non-emergency
situations. FRA has observed that
incidents involving exterior side doors
in routine use on passenger trains have
previously resulted in casualties and
serious injuries.
For example, on November 21, 2006,
a New Jersey Transit Rail Operations
(NJT) train was departing a station in
Bradley Beach, New Jersey, when the
closing exterior side doors of the train
caught and held a passenger attempting
to exit the train. The passenger was then
dragged by the train along the station
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platform as the train was leaving the
station. The passenger died as a result
of his injuries.
Through its investigation of the
incident, FRA found that the train’s
assistant conductor was not in the
proper position to monitor all the train’s
exterior side doors as they were closing.
Specifically, the assistant conductor
could not see the passenger exit through
a door behind where the assistant
conductor was located. The assistant
conductor also did not observe the doorindicator lights on the door control
panel which indicated that the exterior
side doors on the passenger car were not
all closed as intended. In addition, FRA
learned the train was being operated
with its door by-pass switch activated,
negating the passenger car’s door safety
system, which was designed to reopen
the exterior side doors after detecting an
obstruction.
As a result of this incident, NJT
reviewed its operating rules and limited
the use of the door by-pass feature in its
passenger train operations.
Contemporaneously, FRA issued Safety
Advisory 2006–05, ‘‘Notice of Safety
Advisory: Passenger Train Safety—
Passenger Boarding or Alighting from
Trains’’ (71 FR 69606, Dec. 1, 2006). The
safety advisory recommended that
passenger railroads reassess their rules
and procedures to make certain that
trains do not depart a station until all
passengers have successfully boarded or
alighted from the train. The safety
advisory also noted the important role
of passenger train crews in the safe
operation of a train after a door by-pass
switch has been activated. FRA
encouraged passenger railroads to
voluntarily implement the
recommendations of the safety advisory.
Subsequently, there have been other
instances where passengers have
become trapped in the exterior side
doors of trains. In one instance, on
February 2, 2007, a local police officer
witnessed a passenger stuck between
the exterior side doors of a moving Long
Island Rail Road (LIRR) train at a station
in New York City, New York. As a
result, the passenger’s right leg was
dragged on the tactile strip of the station
platform, causing abrasions to the
passenger’s leg. The police officer
stopped the train and pulled the
passenger free from the exterior side
doors.
Other instances were ‘‘close calls’’ in
which passengers narrowly avoided
injury. On March 4, 2011, in La Grange,
Illinois, a passenger’s arm and cane got
caught in the closing exterior side doors
of a Northeast Illinois Regional
Commuter Railroad Corporation (Metra)
train while attempting to board the
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train. A fellow passenger inside the
train was able to flip the door’s
emergency switch just as the train began
to move. As a result, the trapped
passenger was released and avoided
being dragged down the station
platform. A similar incident occurred on
a Metra train on December 19, 2009,
when a four-year-old boy’s boot became
caught in the exterior side doors when
alighting from the train. The child’s
mother had to pull the child’s leg free
from the train doors as the train was
leaving the station.
As a result of these types of incidents,
Metra changed its operating rules to
require a ‘‘second look’’ up and down
each train before departing a station.
This operating rule requires the
conductor to close all exterior side
doors on the train, except the door in
which he or she is standing, to take a
second look up and down the station
platform to make sure all the train’s
exterior side doors are closed and clear
of passengers. After the second look, the
conductor may then close his or her
open door and signal to the train’s
engineer to depart the station.
Since the issuance of the NPRM for
this rulemaking in March 2014, there
have been other injuries involving
passengers and exterior side doors. The
Massachusetts Bay Transportation
Authority (MBTA) reported to FRA that
in June 2014 an MBTA passenger got his
luggage stuck in the closing exterior side
doors of the train and was subsequently
injured when the train started to move.
When the train started to leave the
station platform, the passenger
sustained injuries after he was dragged
by the train a total of 30 to 40 feet before
falling.
In addition, Peninsula Corridor Joint
Powers Board (Caltrain) reported to FRA
an incident that occurred in October
2014 where a passenger was injured
after she put her hand in the closing
exterior side door of a passenger train at
the Burlingame Station in San Mateo,
California. The train’s passenger door
safety system did not work as intended
and the passenger got her hand caught
in the closing door and it did not reopen. As a result, the passenger was
dragged by the train approximately 10
feet.
Based on these types of incidents, and
other findings and concerns, including
initial findings from assessing the safety
of exterior side door systems on
passenger railroads in the northeast
region of the United States, FRA tasked
RSAC to review Safety Advisory 2006–
5 and develop recommendations for
new safety standards to improve
passenger and crewmember safety for
the operation and use of exterior side
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doors. The Task Force, a subgroup of the
RSAC Passenger Safety Working Group
(Working Group), was assigned to
develop these recommendations.
The Task Force was already reviewing
passenger station gap issues in April
2007 when it was assigned this task.
The Task Force then assembled the
Passenger Door Safety Subgroup (Door
Safety Subgroup) to develop
recommended regulatory language to
improve the safety of exterior side door
systems on passenger trains. FRA shared
with RSAC its initial findings that many
passenger railroads in the Northeast
were not operated with fully-functional
passenger train exterior side door safety
systems, and FRA then conducted inperson assessments of the exterior side
door safety systems on a total of 24
passenger railroads throughout the
Nation. During those assessments, FRA
reviewed many different models of
passenger equipment and gained
important information about the risks to
passengers and train crews associated
with the operation and use of passenger
train exterior side doors. FRA shared
this information with the Door Safety
Subgroup, which met a total of nine
times from 2008 to 2011.
Through its meetings, the Door Safety
Subgroup developed proposed
regulatory language to improve the safe
use and operation of exterior side doors
on passenger trains. The Task Force
approved the consensus language on
February 25, 2011, which was then
adopted by the Working Group and full
Committee on March 31, 2011, and May
20, 2011, respectively.
While the Door Safety Subgroup was
developing proposed regulatory
language, APTA developed and
approved Standard SS–M–18–10,
‘‘Standard for Powered Exterior Side
Door System Design for New Passenger
Cars.’’ Subsequent to RSAC’s approval
of the consensus recommendations that
form the basis of this final rule, APTA
changed its numbering nomenclature for
its safety standards, which resulted in
the numbering of this standard changing
from SS–M–18–10 to PR–M–S–18–10
without changing the substantive
content of the standard. Thus, this
standard is identified as PR–M–S–18–10
in this final rule. This APTA standard
contains minimum standards for
powered exterior side door systems and
door system function on new rail
passenger cars because APTA designed
it to be used in specifications for the
procurement of new passenger cars. The
standard addresses door system design
requirements at the door level, car level,
and train level. Non-powered doors and
other types of doors on passenger cars
that are not exterior side doors are not
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covered by APTA’s standard. This final
rule incorporates by reference this
APTA standard for powered exterior
side door safety systems on new
passenger cars and connected door
safety systems on new locomotives used
in passenger service. A copy of this
APTA standard is included in the
docket of this rulemaking for public
review.
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C. RSAC Overview
In March 1996, FRA established
RSAC as a forum for collaborative
rulemaking and program development.
RSAC includes representatives from all
of the agency’s major stakeholder
groups, including railroads, labor
organizations, suppliers and
manufacturers, and other interested
parties.1 To the maximum extent
practicable, FRA utilizes RSAC to
provide consensus recommendations
with respect to both proposed and final
agency action. When appropriate, FRA
assigns a task to RSAC, and after
consideration and debate, RSAC may
accept or reject the task. If RSAC accepts
the task, it establishes a working group
with 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
1 A list of RSAC member groups includes the
following: American Association of Private Railroad
Car Owners (AAPRCO); American Association of
State Highway and Transportation Officials
(AASHTO); American Chemistry Council;
American Petroleum Institute; American Short Line
and Regional Railroad Association (ASLRRA);
American Train Dispatchers Association (ATDA);
APTA; 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 Employes
Division (BMWED); 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; 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 (NRCMA); 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 (TSA); *
and United Transportation Union (UTU).
* Indicates associate, non-voting membership.
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individual task force then provides that
information to the working group for
consideration. When a working group
comes to unanimous consensus on
recommendations for action, the
package is presented to the full
Committee for a vote. If RSAC is unable
to reach consensus on a
recommendation for action, the task is
withdrawn and FRA determines the best
course of action. If the proposal is
accepted by a simple majority of RSAC,
the proposal is formally recommended
to the Administrator of FRA. FRA then
determines what action to take on the
recommendation. Because FRA staff
members play an active role at the
working group level discussing the
issues and options and drafting the
language of the consensus proposal,
FRA is often favorably inclined toward
the RSAC recommendation. However,
FRA is not bound to follow the
recommendation and the agency
exercises its independent judgment on
whether the recommended rule achieves
the agency’s regulatory goal(s), is
soundly supported, and is consistent
with policy and legal requirements.
Often, FRA varies in some respects from
the RSAC recommendation when
developing the actual regulatory
proposal or final rule. FRA notes and
explains any such variations in the
rulemaking it issues
D. Passenger Safety Working Group and
General Passenger Safety Task Force
In May 2003, RSAC established the
Working Group to handle the task of
reviewing passenger equipment safety
needs and programs as well as
developing recommendations for
specific actions to advance the safety of
rail passenger service.2
In September 2006, the Working
Group established the Task Force
principally to examine the following
issues: (1) Exterior side door
securement; (2) passenger safety in train
stations; and (3) system safety plans.3
2 Members of the Working Group, in addition to
FRA, include the following: AAR, including
members from BNSF Railway Company (BNSF),
CSX Transportation, Inc. (CSXT), and Union Pacific
Railroad Company (UP); AAPRCO; AASHTO;
Amtrak; APTA, including members from
Bombardier, Inc., Herzog Transit Services, Inc.,
Interfleet Technology, Inc. (Interfleet, formerly LDK
Engineering, Inc.), LIRR, Maryland Transit
Administration (MTA), Metro-North Commuter
Railroad Company (Metro-North), Metra, Southern
California Regional Rail Authority (Metrolink), and
Southeastern Pennsylvania Transportation
Authority (SEPTA); ASLRRA; BLET; BRS; FTA;
NARP; NTSB; RSI; SMWIA; STA; TCIU/BRC; TSA;
TWU; and UTU.
3 Members of the Task Force include
representatives from various organizations that are
part of the larger Working Group and, in addition
to FRA, include the following: AAR, including
members from BNSF, CSXT, Norfolk Southern
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After being assigned its task by the
Working Group, the Task Force
assembled the Door Safety Subgroup to
develop recommended regulatory
language to improve the safety of
exterior side door systems on passenger
trains. The Door Safety Subgroup
consisted of Task Force members who
were interested in addressing the risks
associated with the operation and use of
exterior side doors on passenger
equipment. The Door Safety Subgroup
met during scheduled Task Force
meetings.4
To aid the Task Force with its
delegated task, FRA’s Office of Chief
Counsel, in conjunction with FRA’s
Office of Railroad Safety, typically
drafted proposed regulatory text for
discussion purposes at Door Safety
Subgroup meetings. Door Safety
Subgroup members would then offer
suggested changes to this proposed draft
text. Staff from DOT’s John A. Volpe
National Transportation System Center
also attended these meetings and
contributed to the discussions. Minutes
of each meeting are part of the docket
in this proceeding and are available for
public inspection.
Through these various discussions,
the Door Safety Subgroup developed
proposed regulatory language which the
Task Force accepted as a
recommendation to the Working Group
on February 25, 2011. The Task Force’s
consensus language was then
subsequently approved by the Working
Group on March 31, 2011. The
consensus language was then presented
before the full Committee on May 20,
2011, where it was approved by
unanimous vote. Thus, the Working
Group’s recommendation was adopted
by the full Committee as the
recommendation to FRA.
In the March 26, 2014 NPRM, FRA
proposed adding some regulatory text
that was not expressly part of the
RSAC’s consensus recommendation. For
instance, for the benefit of the regulated
community, in proposed § 238.131(c),
FRA identified other sections in part
Railway Co., and UP; AASHTO; Amtrak; APTA,
including members from Alaska Railroad
Corporation, Caltrain, LIRR, MBTA, Metro-North,
MTA, NJT, New Mexico Rail Runner Express, Port
Authority Trans-Hudson, SEPTA, Metrolink, and
Utah Transit Authority; ASLRRA; ATDA; BLET;
FTA; NARP; NRCMA; NTSB; Transport Canada;
and UTU.
4 The Task Force met on the following dates and
in the following locations to discuss passenger train
exterior side door safety: April 23–24, 2008, in San
Diego, CA; July 29–30, 2008, in Cambridge, MA;
December 2, 2008, in Cambridge, MA; March 3,
2009, in Arlington, VA; April 21, 2009, in
Washington, DC; May 27–28, 2009, in Cambridge,
MA; July 7–8, 2009, in Philadelphia, PA; October
6–8, 2009, in Orlando, FL; and February 24–25,
2011, in Washington, DC.
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238 that include substantive door safety
requirements. FRA also clarified that all
exterior side doors on new intercity
passenger train cars—in addition to new
commuter train cars—would be subject
to the requirements of § 238.131.
In addition, FRA made changes to the
RSAC recommended language to clarify
the proposed requirements in the
NPRM. For example, FRA clarified that
the provisions of the NPRM applied to
full-sized exterior side doors besides
those used for the boarding and
alighting of passengers at train stations,
such as baggage doors, but did not apply
to small hatches of compartment-sized
doors and the exterior side doors on
private cars. FRA also decided not to
include in the NPRM an RSAC
recommendation that powered, exterior
side passenger doors be connected to a
manual override device capable of
opening the exterior side doors when
the doors are locked out, because this
design requirement was already covered
under existing regulations at
§ 238.112(a) and (b). FRA also moved an
RSAC consensus item proposed under
existing § 238.305 (‘‘Interior calendar
day mechanical inspection of passenger
cars’’) to new proposed § 238.133(g)(2)
in the NPRM, so the requirement would
apply to all tiers of passenger cars,
including conventional locomotives
used in passenger service.
FRA specifically asked for comment
on these areas of the proposal. However,
FRA did not receive any comments on
these or other areas of the NPRM where
FRA specifically invited comment.
III. Discussion of Specific Comments
and Conclusions
Overall, FRA received four comments
in response to the NPRM from the
following parties: Sensotech Inc.
(Sensotech), the Southeastern
Pennsylvania Transportation Authority
(SEPTA), Veolia Transportation
(Veolia), and an anonymous commenter.
The comment from Veolia was initially
received as an email to an FRA staff
director asking whether one of Veolia’s
procedures conflicted with a proposal in
the NPRM. FRA has included the email
and an attachment received by the staff
director in the public docket for this
rulemaking and is treating the email and
its attachment as a comment on this
rulemaking.
FRA appreciates and carefully
considered all comments it received
regarding this rulemaking. The
comments raised issues on what type of
technology FRA considered when
developing this rulemaking, whether
FRA would modify its proposal in
§ 238.135(b) that exterior side doors and
trap doors must be closed between
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stations, and whether a specific safety
procedure would be an allowable
exception to the proposed requirement
to keep the doors closed. FRA also
received one comment that was not
germane and outside the scope of this
rulemaking. FRA did not change any of
the regulatory text in this final rule
based on the comments it received but
addresses each comment below. The full
text of every comment FRA received on
the NPRM is in the public docket for
this rulemaking at www.regulations.gov.
Please note that the order in which the
comments are discussed in this
document is not intended to reflect the
significance of the comment raised or
the standing of the commenter.
Sensotech submitted a comment
commending FRA for its efforts to
improve passenger safety and comfort.
However, Sensotech stated it did not see
in the NPRM any information about the
use of acoustic technology to support
passenger door safety. According to
Sensotech, ‘‘[a]coustic technology is the
most suitable technology for remote
sensing for rail doors’’ because it is not
sensitive to metallic carbon dust created
by moving trains and brake pads, and
the technology is programmed to
distinguish between outdoor elements
(like hail, snow, and rain) versus a
person or other hard objects. As a result,
according to Sensotech, acoustic
technology is more reliable in
supporting passenger door safety than
other technologies. Sensotech described
an acoustic technology door sensor
system it developed for transit bus doors
implemented in buses. In addition,
Sensotech described an application it
developed specifically for passenger rail
door application, stating that it has been
installed more recently on a commuter
rail system.
FRA thanks Sensotech for providing
information about the use of acoustic
technology to promote door safety.
However, FRA did not specify in the
NPRM, and declines to specify in this
final rule, what specific type of
technology railroads must use to comply
with the requirements of this final rule.
FRA sought to develop requirements
that are performance-based. FRA
believes that allowing railroads the
freedom to decide how best to comply
with the requirements in this final rule
allows railroads to make the most
efficient decisions to meet FRA’s safety
requirements and minimize the costs of
the rule.
SEPTA submitted a comment
expressing concern regarding the
proposed requirement that all exterior
side doors and trap doors be closed
when a train is in motion between
stations. (See the Technical Background,
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Section IV.A, for an overview of trap
doors). SEPTA noted that, in a letter to
FRA’s Associate Administrator for
Railroad Safety/Chief Safety Officer
dated February 17, 2010, SEPTA
committed to operating all its trains
with two or fewer cars in passenger
service with all their side doors closed
between stations. In addition, SEPTA
noted that any train with three or more
cars in passenger use would be required
to operate with its side doors closed
between stations depending on the
number of crewmembers assigned to the
train. SEPTA added these requirements
to its operating manual as a crew
responsibility.
However, since sending this letter to
FRA in 2010, SEPTA replaced its
Silverliner II and Silverliner III cars
with manual doors and trap doors with
new Silverliner V cars. According to
SEPTA, these Silverliner V cars have
power-operated doors with manual trap
doors located inside the cars. SEPTA
specifically raised concern about the
requirement proposed in § 238.135(b)
that trap doors must be closed between
stations. SEPTA stated that when the
trap doors are open and the side doors
are closed, a passenger could not fall out
of the car from the passenger
compartment. Therefore, according to
SEPTA, the cars can move safely
between stations with the cars’ side
doors closed and its trap doors open.
However, SEPTA noted that the
proposed language in § 238.135(b) does
not make an allowance for this car
design. SEPTA also stated that as part of
its capital program it estimates that in
2020 it will begin to replace its current
Silverliner IV fleet with new Silverliner
VI cars, which it anticipates will be
fully compliant with the requirements
of 49 CFR 238.135. In the meantime,
SEPTA suggested FRA allow an
exception ‘‘[w]hen the open trap [door]
is located within the car allowing the
side door to completely close over the
opening preventing any access to the
outside of the car from the passenger
compartment.’’
In its comment to FRA, Veolia also
expressed concern about the
requirement that exterior side doors and
trap doors be closed when a train is in
motion between stations in proposed
§ 238.135(b). Veolia described a
‘‘redundant safety procedure’’ at a
particular interlocking where it requires
conductors to verify the signal
indication. Veolia believed this
procedure may necessitate opening a
door while the train is moving and
sought to continue this practice. In
addition, Veolia noted that some
conductors open their workstation door
as their train approaches the limits of its
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authority, red signals, or other areas of
particular concern. Veolia sought
clarification on whether these practices
would violate the requirements
proposed in § 238.135(b).
After carefully considering the SEPTA
and Veolia comments, FRA has decided
not to change the language proposed in
§ 238.135(b). However, as discussed
further below, FRA is providing
additional time for railroads to comply
with the requirement that exterior side
doors and trap doors remain closed
when a train is in motion between
stations. The exceptions to this
requirement apply when a train is
departing or arriving at a station and a
crewmember needs to observe the
station platform and the open door is
attended by a crewmember, and when a
crewmember must perform on-ground
functions, such as, but not limited to,
lining switches, making up or splitting
trains, providing crossing protection, or
inspecting the train.
While the scenarios described by
SEPTA and Veolia in their separate
comments do not fall under either of
these defined exceptions, § 238.135(c)
allows a railroad to apply for special
approval from FRA’s Associate
Administrator for Railroad Safety/Chief
Safety Officer to operate passenger
trains with exterior side doors or trap
doors, or both, open between stations.
Any request for relief must include a
written justification, a detailed hazard
analysis, and be signed by the railroad’s
chief executive officer or equivalent.
FRA believes this approval process is
the appropriate way to handle issues
involving railroads that may need relief
from the requirement in § 238.135(b),
rather than establish additional,
generally-applicable exceptions that are
better addressed on a case-by-case basis.
By requiring passenger railroads to
conduct a safety analysis and apply to
FRA for approval for a special
exception, FRA will be able to make
individualized determinations that
tailor any such exception to the specific
circumstances involved and the safety
of the affected passengers and train
crews.
FRA received an additional
anonymous comment regarding hours of
service issues involving the trucking
industry and a Federal Motor Carrier
Safety Administration proposal. Since
the comment is not germane to
passenger door safety issues or this
rulemaking, and its scope is not within
FRA’s jurisdiction, FRA did not address
this comment in this final rule.
With the exception of the issues the
commenters raised and FRA discussed
above, FRA did not receive any
comments on the proposed rule.
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Therefore, unless specifically noted,
FRA has adopted the requirements
proposed in the NPRM in this final rule.
IV. Technical Background
A. Overview
Passenger railroads have responded to
growth in ridership by expanding rail
service, investing in new rail
equipment, and incorporating new
technologies into their passenger
equipment. This has resulted in the
varied arrangements of powered exterior
side doors in passenger trains today.
Many types of these power door systems
have safety features to alert train
crewmembers of an obstruction in a
door.
These power door systems are
complex. They employ components and
electrical circuits to open and close the
exterior side doors, contain door status
indicators, and provide a means to
determine motion and the end of the
train. Power door systems operate
electrically from commands given by
train crews through signals from door
switches, sensors, relays, and other
devices that interface with and monitor
the exterior side doors individually and
throughout the entire trainline circuit.
These various appurtenances typically
act to provide a warning when exterior
side doors are closing, respond to
obstructions to closing doors, and
prevent the doors from opening when a
train is in motion. When connected to
the propulsion system, these devices
will inhibit the development of tractive
power if an exterior side door is
prevented from closing. Lock-out and
by-pass systems are also employed to
allow trains to operate even when
equipment related to the exterior side
doors is malfunctioning.
However, not all passenger cars are
equipped with powered exterior side
door systems. In fact, for those
passenger railroads with cars equipped
with manually operated exterior side
doors or trap doors, some have allowed
the doors to remain open between train
stations to increase operating efficiency.
Trap doors are metal plates that, when
raised, reveal a fixed or moveable
stairwell to facilitate low-level boarding.
To provide high-level platform
boarding, the train crew closes (or keeps
closed) the trap to cover the stairwell.
Trap doors are not exterior side doors,
but are manually operated by the train
crew to enable boarding and alighting
through the exterior side doors.
B. Scope of FRA Safety Assessment of
Passenger Railroads
FRA reviewed accident data involving
passenger train exterior side doors
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76123
immediately following the incident in
Bradley Beach, New Jersey, discussed in
Section II.B., above. From its review,
FRA determined that while accidents
were infrequent they could have severe
consequences. FRA identified numerous
factors, conditions, and components
that could adversely impact the safe
operation or the integrity of the door
safety system of a passenger train. These
include door position, controls, and
status indicators, no-motion and end-oftrain circuits, power failure, tractioninhibit, throttle movement, mixed
consist operation, malfunctioning
equipment, door operating rules, and
employee knowledge of the door safety
system(s) on the train he or she is
operating.
As noted above, FRA decided to
perform a safety assessment of 24
railroads operating passenger trains
utilizing many different models of
equipment in the United States. These
assessments were performed to identify
the risks endangering passenger and
crew safety, specifically when
passengers were riding upon, boarding,
or alighting from trains. FRA employed
analytical techniques to identify any
limitations of the safety features
engineered into the trains’ exterior side
doors and of the railroads’ rules
governing their employees who operate
them. Each of the passenger railroads
was assessed individually, and exterior
side door safety concerns were found
with virtually all the railroads surveyed.
However, the door safety concerns
varied among the railroads in nature
and degree.
There are various types of trains that
are designed for particular purposes.
The type and sequence of locomotives
and cars assembled or coupled together
to form a train is referred to as the train
consist. A train consist can typically be
changed frequently at the railroad’s
discretion. As part of its assessment,
FRA reviewed the predominant types of
passenger train service utilized in the
United States to determine the risks
posed to passengers and train crews by
exterior side door safety systems.
One type of service involves
passenger trains with conventional
locomotives in the lead pulling consists
of passenger coaches and sometimes
other types of cars such as baggage cars,
dining cars, and sleeping cars. Such
trains are common on long-distance,
intercity rail routes operated by Amtrak.
Most passenger rail service in the
Nation is provided by commuter
railroads, which typically operate one or
both of the two most common types of
service: Push-pull service and multipleunit (MU) locomotive service. Push-pull
service is passenger train service
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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. The
train can then transition into the
opposite direction of travel, where the
service is operated with the
conventional locomotive in the lead
position of the train pulling the consist
(the ‘‘pull mode’’) with the cab car in
the rear of the train. A cab car is both
a passenger car and a locomotive. The
car has both seats for passengers and a
control cab from which the engineer can
operate the train. Control cables (or
electric couplers) run the length of the
train to facilitate commands between
the control cab, passenger cars, and the
conventional locomotive. These control
cables make up an electric circuit called
the trainline circuit. Electrical cables
also run the length of the train to
provide power for heat, light, and other
purposes.
Self-propelled electric or diesel MU
locomotives may operate individually in
passenger train service, but typically
operate semi-permanently coupled
together as a pair or triplet with a
control cab at each end of the train
consist. During peak commuting hours,
multiple pairs or triplets of MU
locomotives are combined and operated
together to form a single passenger train.
In Amtrak’s Northeast Corridor, highspeed Acela Express passenger train
service is provided using trainsets.
Acela Express trainsets are train consists
of specific types of passenger cars such
´
as first class, business class, and cafe
cars that are semi-permanently coupled
between power cars located at each end
of the consist. These trainsets virtually
never change as the power cars and
passenger cars are semi-permanently
coupled and integrated together with
computer controls. The power cars
provide tractive power to both ends
simultaneously and have a control cab
from which the engineer can operate the
train, but do not carry passengers.
baggage or stocking dining car supplies.
Exterior side doors that serve these
purposes often vary greatly in size and
dimension. In some instances, these
exterior side doors are full-sized doors,
while on other equipment the doors are
essentially just small hatches or are
compartment-sized.
C. Uses of Passenger Car Exterior Side
Doors
Passenger car exterior side doors are
designed for various purposes on
passenger trains. Most exterior side
doors are used for passenger boarding
and alighting at train stations. However,
exterior side doors also have other uses.
For example, exterior side doors can be
used for emergency responder access
and passenger egress during emergency
situations, whether or not the doors are
normally used for passenger boarding or
alighting. As previously stated, exterior
side doors can also be used for nonpassenger functions such as loading
E. Exterior Side Door Configurations
and Operation
Passenger railroads use a variety of
configurations for the exterior side
doors on the passenger cars in their
fleets. FRA reviewed passenger cars
with exterior side doors located at
multiple locations along the sides of the
cars: At each end, at their quarter
points, and in the middle.
Passenger car exterior side doors may
be operated manually, or with either
electro-mechanical or electro-pneumatic
power. Manually operated exterior side
doors are simple hinged or sliding doors
that are manually operated by
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D. Types of Passenger Car Exterior Side
Doors
Through its safety assessment of
exterior side door safety systems on
passenger trains, FRA reviewed several
generations of equipment. FRA found a
wide range of doors and corresponding
door safety features with varying levels
of sophistication. The level of
sophistication was generally limited by
the technology that was available at the
time that the passenger car was
manufactured and the railroad’s ability
to purchase, or retrofit, equipment with
more sophisticated door safety features.
There are three types of exterior side
doors in service today: Hinged, sliding,
and plug. Hinged doors on a passenger
car operate like a door in a home
entranceway. They swing inward into
the car, to open, and back towards the
exterior of the car, to close. Exterior
sliding doors on a passenger car are
moving panels of various sizes that
retract into pockets within the side
walls of the passenger car when
opening. Sliding doors can be designed
with one panel or leaf that slides open
and closed. Sliding doors can also
consist of two bi-parting panels or leafs,
which open by retracting from each
other into the side wall and close by
joining together in the center of the
doorway. Plug doors on a passenger car
are comprised of a sliding panel which
opens and slides along the side of the
car to open the exterior side door.
However, the sliding panel does not
retract into a pocket like a sliding door;
instead, when closed, the door conforms
to the side of the passenger car to seal
out environmental noise and minimize
aerodynamic resistance.
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passengers or crewmembers at each
station stop. Powered electromechanical doors are doors that employ
an electric motor to drive a mechanical
operator for opening and closing.
Powered electro-pneumatic doors, like
electro-mechanical doors, employ a
mechanical operator for opening and
closing. However, powered electropneumatic doors use compressed air to
drive the mechanical operator instead of
an electric motor. The mechanical
operators provide opening and closing
force to each door panel or leaf through
mechanical linkage and a gearbox or
similar device. All powered door
systems require mechanical door
operators.
F. Assessment Findings
FRA identified a number of key
factors, conditions, and components
that could impact passenger and crew
safety from the use and operation of
passenger train exterior side doors.
These are addressed, individually, in
detail below.
1. Door Position
FRA reviewed the risk posed by the
open position of exterior side doors
while passenger trains were in motion.
FRA determined that railroads operating
passenger trains with manually operated
exterior side doors cannot control
whether an individual door is opened or
closed unless a crewmember is present
at each door. When a crewmember is
not present, passengers themselves can
open the exterior side doors of the cars
and exit or enter the train. Therefore,
the potential exists for passengers to
jump off or on moving trains at stations.
At the same time, FRA found that other
passenger trains were purposefully run
with their manually operated exterior
side doors in an open position even
though train crewmembers sometimes
were not stationed at the doors.
Passenger trains with powered
exterior side doors are normally
operated with the doors closed between
stations. However, some passenger
railroads operated trains with their
doors open between stations. These
passenger stations are in close proximity
to each other and alternate between
high- and low-level platforms for
passenger boarding and alighting. The
operation of passenger trains with open
exterior side doors presents significant
safety concerns as passengers and
crewmembers could potentially fall out
of an open door while the trains are
moving. Due to the safety hazards
arising from operating a passenger train
with open exterior side doors, FRA has
determined that, with limited
exceptions for crew use only, passenger
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trains should have their exterior side
doors closed when they are moving
between stations.
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2. Door Control Panels
Powered exterior side doors on
passenger cars are controlled and
operated by door control panels, which
are usually located on both sides of each
car. These panels provide an interface
between the train’s door system and the
train crew, and typically require
activation with a door key. The door key
is inserted into the control panel and is
then used to turn the panel on or off.
Once the panel is turned on, a
conductor can issue commands to open
or close exterior side doors by pressing
buttons on the panel. Some passenger
trains have door control panels that
allow only local control of the exterior
side doors. This means the conductor
can operate the exterior side doors only
in the same car as the door control
panel. Other passenger trains allow their
door control panels to operate all
exterior side doors on the side of the
train where the panel is activated. This
allows the door control panel in any
passenger car to open simultaneously all
the exterior side doors on one side of
the train. The conductor also can open
or close only those doors forward of the
activated panel, those doors rearward of
the activated panel, or simply the single
door directly adjacent to the activated
panel.
FRA found many instances in which
door control panels were left energized
after the door control panel key was
removed. This can occur when the
keyhole for the door control panel key
is worn or not maintained and the
conductor removes the key without
actually turning off the door control
panel. With the door control panel
energized, passengers can press the
door-open button on the panel and open
one or more exterior side doors on the
train even when the train is still
moving. This situation can occur on
many different types of equipment.
3. Failure Modes, Effects, and Criticality
Analysis (FMECA)
As part of its assessment, FRA
evaluated how the door systems on
various passenger trains responded to a
loss of door control power by deenergizing the door control circuit
breaker. FRA found significantly
different responses on various railroads
when door control systems experienced
a circuit failure causing a loss of power.
Some exterior side doors closed, some
did not close at all, and others simply
stopped where they were if they were
moving at the time of the failure.
Additionally, in a number of instances,
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the train could still produce tractive
power even though the door control
circuit failure allowed the exterior side
doors to remain open.
Employees who operate the exterior
side doors of a passenger train should
understand how a safety system for a
door they control will respond to a loss
of power. Employees can then take steps
to safeguard against any safety hazards
raised by the loss of power. This final
rule requires all door systems on new
passenger cars, and connected door
systems on new locomotives used in
passenger service, to be subject to a
formal safety analysis that includes a
FMECA before being placed into
service. By requiring new passenger cars
and locomotives used in passenger
service to be subjected to this analysis
before being placed into service,
railroads will help ensure that the
failure of a single component of a door
safety system will not create an unsafe
condition for passengers and train
crewmembers.
4. Power Door Status
Power door status is monitored by
door position switches and can be
conveyed locally or through the
trainline circuit using various
arrangements of lights to relay the
condition of the doors to the train crew.
On most passenger trains, one or more
lights illuminate on the interior or
exterior of a passenger car above the
exterior side door that is open. The
lights then extinguish when the exterior
side doors are closed.
If the train’s door status is configured
with a door summary circuit for
trainline display, one or more lights
illuminate on the active door control
panel when all the doors are closed on
that side of the train. Therefore, if a
power door did not close, the external
and internal lights would remain
illuminated and the trainline door status
light on the door control panel would
not illuminate. This door status
trainline circuit is often, but not always,
displayed to the engineer as a door
closed light in the locomotive cab.
When the light is illuminated it tells the
engineer that the exterior side doors on
both sides of the train are closed and the
train is ready to safely leave the station.
FRA found that all trains with
powered exterior side door systems had
some type of door status indicators train
crews could use to determine if there
was an obstruction in the exterior side
doors. However, in many instances onboard personnel were not using the door
status indicators as intended. In some
cases, crewmembers did not use these
indicators because the indicators’ lens
color was not maintained properly and,
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76125
therefore, the indicators were not
reliable. In other cases, FRA found that
train crews looked in the general
location of an indicator light on a door
control panel, but at times mistakenly
read a different indicator as the door
status indicator because the lens color
was not uniformly maintained. Door
status indicators need to be maintained
properly for ready and reliable reference
by crewmembers tasked with safely
operating the door systems. If properly
maintained, these indicators should
alert train crewmembers about a
possible obstruction in an exterior side
door.
5. No-Motion Circuit
No-motion is an electric circuit the
door safety system uses to determine if
a passenger car or train is moving or not.
This circuit is designed to prevent the
exterior side doors of a train from
opening while the train is in motion,
except for a crew access door. A crew
access door can be any exterior side
door on a passenger train that a
crewmember opens for his or her use
with a door control power key. Nomotion circuitry will also cause the
exterior side doors to close when the
train accelerates above a pre-determined
speed. If the no-motion circuit (also
referred to as a ‘‘no-motion system’’ in
this document) malfunctions, the
conductor cannot open the exterior side
doors using trainline commands since
the circuit is designed to fail safely and
the door system assumes that the train
is in motion. However, if such a
malfunction occurs, many passenger
cars are equipped with a by-pass switch
that can override the no-motion circuit
and enable the exterior side doors to
open.
During its assessment, FRA
discovered that some railroads train
crews actually used the no-motion
circuit to close the exterior side doors
when departing stations. In these
instances, train crewmembers were not
closing the exterior side doors using a
door control panel, but instead were
using the throttle to accelerate the train
and close the exterior side doors
through the no-motion circuit. The
assessment also identified that
passenger and train crew safety was at
risk on many railroads because safetysensitive switches that could impact the
door system, such as the no-motion bypass switch, were not properly
positioned or protected. An improperly
positioned no-motion by-pass switch
presents the risk of an undesired
opening of an exterior side door while
the train is in motion, which could go
undetected by the train’s crew.
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Exterior side doors should be closed
only after the train crew determines it
is safe for the train to depart the station.
To protect passenger and train crew
safety, the no-motion by-pass switch
should be secured or sealed. This will
mitigate the potential of an accidental
activation of this safety-critical device.
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6. End-of-Train Circuit
The end-of-train circuit is part of the
door safety system. The circuit is used
to identify the last passenger car in the
train consist, or the physical end of the
train, or both. Door control system
manufacturers have utilized various
ways to identify and convey the end of
the train to the door safety system. The
end of the train is identified on different
passenger cars by using jumpers,
manual or automatic switches, circuitry
in electric couplers, marker lights, or
other devices. Door safety circuits can
become compromised when the end of
the train is established somewhere other
than the last car of the train. This
situation can occur by the unintentional
activation of the end-of-train circuit. For
example, some passenger cars toggle
switches, which are readily accessible to
passengers, are used to establish the end
of the train. If improperly positioned
and activated by a passenger or train
crewmember at a location that is not at
the end of the train, all passenger cars
rearward of the car with the activated
end-of-train circuit would not be
recognized by the door safety system.
Because the door safety features in those
cars would not function, this would
increase the risk of a passenger
becoming entangled in a door and
dragged when the train departs the
station.
FRA’s assessment identified eight
railroads on which end-of-train circuit
switches were not properly positioned
or protected. These switches should be
secured and protected to prevent access
by unauthorized personnel and
unintentional activation which could
compromise the safety of the door
control system and go undetected by the
train crew.
7. Door Safety Features
As touched on above, the
sophistication of passenger car door
safety features is just as varied as the
arrangement of the exterior side doors
themselves. Hinged-type manually
operated exterior side doors do not
utilize any specific door system safety
features. Yet, FRA found that all but one
model of passenger cars with manual or
powered sliding-type doors employed a
flexible, rubber-like strip of varying
widths on the leading edge of the door.
This flexible strip runs from the floor to
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the ceiling along the edge of the door to
seal the car interior from environmental
conditions. Although not necessarily
intended for a door system safety
purpose, this flexible strip or seal on the
edge of the door is pliable and bends,
which aids in pulling an obstruction
free from the door. In addition, FRA
found that some power door systems
added a door push-back feature
intended to aid in freeing an obstruction
in a door. The push-back feature allows
someone to push back on a closing door
so that the individual can open or
partially open the door and clear an
obstruction. However, not all passenger
cars that have a flexible strip on the
edge of the door have a door push-back
feature.
Power door systems on passenger cars
can also be outfitted with obstruction
detection systems. Obstruction
detection systems use sensors to
determine if something is preventing an
exterior side door from closing as
intended. The system will cause the
exterior side door to react to an
obstruction by automatically stopping
the door from closing or by reversing the
door movement like elevator doors.
Most obstruction detection systems
require the exterior side door to actually
physically impact the obstruction to
detect it. These types of obstruction
detection systems use a pressuresensitive edge on the leading edge of the
exterior side door or door jamb, or both.
If something is caught in the door, the
sensitive edge becomes compressed and
causes the door to react to the
obstruction by stopping the closing door
or by reversing the door movement.
Other obstruction detection systems
employ a tilting switch that detects
when the door is bumped off balance by
an obstruction and causes a reaction
similar to doors employing a sensitive
edge for obstruction detection.
There are also systems that use more
sophisticated technologies to detect
obstructions. These advanced systems
monitor motor amperage, or air pressure
in passenger cars with powered electropneumatic exterior side doors. These
systems detect an increase in the
electric current or air pressure, which
tells the door safety system there is an
obstruction in the exterior side doors.
Other advanced obstruction detection
systems do not actually require the
exterior side doors to impact an
obstruction to detect it. Instead, they
may use photo optics or laser light
beams to prevent the door from closing
if something interrupts a light beam that
runs along the path of the closing
exterior side door. They may also use
other technologies; see the discussion of
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Sensotech’s comment in Section III.,
above.
However, FRA found during its
assessment that it was possible to
become entangled in a powered exterior
side door on numerous different models
of equipment, even when door
obstruction detection systems were
utilized. In these cases, the door
obstruction detection systems failed to
detect either small obstructions (e.g., a
human hand) or large obstructions (e.g.,
a wheelchair).
FRA believes that while door
obstruction detection systems reduce
the risks to passenger safety and newer
systems utilize more reliable
technology, they do have limitations.
Therefore, train crews need a clear
understanding of the limitations of the
safety features on the exterior side doors
of the trains they are operating. When
train crews do not thoroughly
understand the limitations of their
trains’ exterior side door safety features,
passengers and train crews alike could
face an increased risk of serious injury
or death. Crews must realize the limits
of the safety features of each powered
door safety system for each type of
passenger vehicle they operate.
8. Traction Inhibit
As mentioned above, door control
safety systems can be connected to a
train’s propulsion system. On these
systems, the status of powered exterior
side doors is communicated through the
trainline, and the door summary circuit
is interlocked with the train’s
propulsion system. Therefore, when a
powered exterior side door is open, the
train cannot produce tractive power and
move, a function commonly referred to
as ‘‘traction inhibit.’’ Similarly, if an
exterior side door on a train is not
completely closed, and there is an
obstruction in the door, the traction
inhibit function prevents the train from
developing tractive power and departing
the station. Only after all the exterior
side doors are closed as intended can
the train produce tractive power and
leave the station.
During its assessment, FRA found
many different models of equipment in
which the exterior side door safety
systems were not connected to the
propulsion system of the train.
Consequently, these trains could
produce tractive power whether or not
the exterior side doors were open or
closed. Thus, if a passenger became
entangled in a door, the passenger could
be dragged by one of these trains
because they lacked a design feature to
stop such a train from developing
tractive power and leaving the station.
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FRA also found that on many
different models of passenger cars and
locomotives used in passenger service
with a door obstruction system and
traction inhibit, it was possible for the
train to produce tractive power even
when an individual became entangled
in an exterior side door. This
unexpected condition was possible
because the door obstruction system did
not detect the obstruction and instead
conveyed a message that all the exterior
side doors were closed. Therefore, the
final rule will enhance passenger and
train crew safety by requiring all new
passenger cars to have door safety
systems which include door obstruction
detection systems that release
obstructions when detected.
9. Malfunctioning Equipment and Door
Lock-Out
Due to the complexity of powered
exterior side doors and their controls,
car manufacturers have designed door
systems to respond to equipment
malfunctions. If an exterior side door
malfunctions, each door can be
individually isolated from the trainline
circuit without affecting the rest of the
train. Train crews refer to this as
‘‘cutting out’’ or ‘‘locking-out’’ a door.
This is especially important if the door
system is connected to the train’s
propulsion system, as one
malfunctioning exterior side door that
cannot close is designed to inhibit the
development of tractive power for the
entire train. Therefore, many passenger
cars are equipped with exterior side
door lock-out switches that can
disconnect power to the malfunctioning
exterior side door while still allowing
the trainline circuit to complete so that
the train can draw tractive power and
move.
During FRA’s assessment, FRA
observed train crewmembers that did
not know how to isolate or lock-out a
malfunctioning exterior side door. FRA
found that, instead, train crews would
often activate the door by-pass system.
Such a practice presents a significant
risk to safety. Properly locking-out one
malfunctioning exterior side door
maintains the integrity of the train’s
door safety system while still providing
door obstruction and traction inhibit
protection for all other exterior side
doors on the train. However, overriding
the door safety system through the door
by-pass feature can undermine the
safety features on all exterior side doors,
including traction inhibit. Activating
the door by-pass feature this way
unnecessarily increases the possibility
that a passenger or train crewmember
could be caught in a door and dragged
by a train.
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10. Malfunctioning Equipment and Door
By-Pass
If a train crew cannot identify which
exterior side door is malfunctioning on
its train, the train crew can utilize a
door by-pass device to override the door
safety system to move the train.
However, as noted above, activation of
the door by-pass device on many types
of equipment negates some or all of the
exterior side door safety features.
FRA found during its assessment that
many passenger cars had exterior side
door safety circuits that could become
compromised by the unintentional
activation of a door by-pass device. On
these models of passenger cars, if a bypass switch was activated anywhere on
a passenger train it would place the
entire train in door by-pass mode. This
would in essence by-pass the entire
train’s door safety system, which
presents a significant risk to passenger
and crew safety. Elsewhere, FRA found
that the door by-pass switch would only
affect the exterior side doors of the train
if it was activated in the controlling
locomotive. Overall, FRA found that
accidental activation of the door by-pass
switch often happened without the
knowledge of the train crew, whether
the switch was located in the
controlling locomotive cab or a trailing
locomotive cab. Consequently, door bypass devices must be sealed in an off
position to mitigate the potential of an
accidental activation of the door by-pass
device.
However, if there is an en-route
exterior side door malfunction, railroads
must have a procedure for
communicating to all train
crewmembers that there is a defect in
the train’s exterior side doors, the door
by-pass device has been activated, and
the door safety system has been
overridden.
11. Effects of Throttle Use on Powered
Exterior Side Doors
The locomotive throttle lever is used
to control the locomotive’s power. It can
also be used to issue commands to the
powered exterior side doors. As
mentioned above, some exterior side
doors are manufactured so that the
movement of the locomotive throttle
from a position of rest to motion
automatically issues a command to
close all the powered exterior side
doors.
However, FRA’s assessment found
that passenger cars responded
differently to application of a train’s
throttle. For some powered exterior side
doors, the movement of the locomotive
throttle caused them to close. For other
door systems, the doors would stop
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closing and freeze if they were in
motion when the throttle was applied.
Other door systems operated as
intended and were not affected by the
position of the throttle. In addition,
concerns associated with locomotive
throttle movement were further
exacerbated if the passenger train was in
door by-pass mode when the throttle
was applied. On these trains, the
throttle movement, in combination with
the door by-pass feature activation,
negated some or all of the exterior side
door obstruction safety features.
A train’s exterior side doors should be
commanded to close only after the train
crew determines it is safe to depart. If
throttle movement can affect the
functioning of a train’s exterior side
doors, then employee training is
necessary to help ensure the train crew
understands the risks involved.
12. Mixed Consist Operation
Railroads routinely operate passenger
trains comprised of mixed consists or
different models of passenger cars,
which can have incompatible door
systems. Mixed consists can contain
passenger cars with different types of
exterior side doors, such as manual
doors and powered doors, or different
types of powered exterior side doors
that are not compatible with each
other’s door safety system. When
exterior side door systems are
incompatible, they do not properly
communicate trainline commands and
are not part of a single door summary
circuit. These door systems are usually
incompatible due to the design of the
individual passenger cars or because the
door systems utilize different control
systems, wiring, or operating voltages,
often a result of the varying ages of the
different models of passenger cars used
in a mixed consist.
The operation of trains comprised of
different types of passenger cars with
incompatible exterior side door systems
requires additional measures to help
ensure passenger safety. For example, in
a mixed consist train with manual and
powered exterior side doors, the portion
of the train with the manual doors
requires train crewmembers to take
extra measures to ensure the doors are
closed. The operation of a mixed consist
train comprised of passenger cars with
different models or types of powered
exterior side doors that are not
compatible with each other’s door safety
system requires train crewmembers to
take such extra measures as well. The
different cars may not communicate
door opening and closing commands
throughout the length of the train. These
door systems usually have different
safety features; for example, a portion of
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the train could have exterior side doors
equipped with a door obstruction
detection system, while the remainder
of the train’s doors do not. The powered
door system on a passenger car without
a door obstruction system is limited in
its ability or unable to detect,
annunciate, or release an obstruction in
a door. FRA also found that in these
mixed consist trains the door summary
circuit did not account for all the
exterior side doors, due to incompatible
equipment. The door status indicator
would therefore be misleading as it
would indicate the status for only part
of the mixed consist train. As a result,
FRA believes there is an inherent,
increased risk of becoming entangled in
an exterior side door on a mixed consist
train.
Train crews may need to take extra
measures to ensure the safe functioning
of doors in mixed consist trains they
operate. These extra measures should
ensure the operation of mixed consist
trains provides a level of safety at least
equivalent to that of a train operating
with compatible exterior side door
safety systems.
13. Operating Rules
Passenger railroads have established
sets of operating rules to provide
instruction and guidance to employees
on how they should act in given
situations. Railroad operating rules for
the functioning of passenger train
exterior side door systems can vary
broadly from railroad to railroad. For
example, FRA found that some
railroads’ operating rules did not require
a train’s exterior side doors to be closed
while the train was in motion between
stations. Other railroads’ rules did not
define the safety limitations of each type
of door safety system in the passenger
cars their train crews operated and
sometimes the train crews were
unaware of these limitations. Some
railroads had operating rules addressing
use of exterior side doors and station
stops, and some did require
crewmembers to make platform
observations for train arrivals at and
departures from stations. However,
often these rules did not instruct
crewmembers to ensure trains did not
depart from stations until all passengers
had successfully boarded or alighted
from the trains. Finally, FRA found that
some operating rules did not address the
additional steps necessary to provide
continued passenger safety following
activation of a safety override device,
such as a door by-pass or no-motion bypass switch.
Railroad operating rules are
fundamental tools to enhance overall
railroad safety. Passenger train crews
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need a clear understanding of the risks
to safety involved in the operation of
exterior side doors. They must
understand the limitations of the safety
features of each exterior side door
system for the equipment they operate.
Such an understanding is especially
critical when an exterior side door
safety system fails and the crew must
take action to ensure passenger safety
until the system can be restored back to
its designed level.
V. Section-by-Section Analysis
Subpart A—General
Section 238.5 Definitions
FRA is amending this section to add
the following new definitions to this
part: By-pass, door isolation lock, door
summary circuit, end-of-train circuit,
exterior side door safety system, nomotion system, and trainline door
circuit. FRA intends for these
definitions to clarify the meaning of
significant terms used in this final rule.
These definitions will minimize the
potential for misinterpretation of the
regulatory language. RSAC
recommended that FRA add these
definitions to this section, and FRA
agrees with RSAC’s recommendation.
‘‘By-pass’’ means a device designed to
override a function. This term describes
devices that override various safety
features on a passenger train. For
example, a door by-pass is a by-pass
feature that when activated overrides
the door summary circuit. Among its
functions, the door summary circuit
indicates to the controlling cab of the
train that all exterior side doors are
closed as intended, or locked out with
a door isolation lock, or both. In some
instances, train crews must use a bypass device when a passenger train’s
exterior side doors or its appurtenances
fail en route so the train can reach its
destination.
‘‘Door isolation lock’’ means a cutout/
lockout mechanism installed at each
exterior side door panel to secure a door
in the closed and latched position,
provide a door-closed indication to the
summary circuit, and remove power
from the door motor or door motor
controls. FRA added this term because
it is in the definition of a door summary
circuit and helps clarify what potential
information is being relayed to the
controlling cab of a train by the door
summary circuit.
‘‘Door summary circuit’’ means a
trainline door circuit that, among its
functions, indicates to the controlling
cab of the train that all exterior side
doors are closed as intended, or locked
out with a door isolation lock, or both.
FRA added this term to clarify what this
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circuit does in relation to the operation
of a passenger train and what
information it provides the controlling
cab of the train about the exterior side
doors.
‘‘End-of-train circuit’’ means a feature
typically used to determine the physical
end of the train, or the last passenger car
in the train, or both, for the door
summary circuit. FRA added this term
to make clear what an end-of-train
circuit does in a passenger train. For
clarity, FRA changed the term to ‘‘endof-train circuit’’ in the final rule rather
than just ‘‘end-of-train,’’ as proposed in
the NPRM. For additional discussion
about end-of-train circuits, see the
Technical Background, Section IV.F.6.
‘‘Exterior side door safety system’’
means a system of safety features that
enable the safe operation of the exterior
side doors of a passenger car or train.
The exterior side door safety system
includes appurtenances and
components that control, operate, and
display the status of the exterior side
doors, and is interlocked with the
traction power control. FRA added this
term to explain what types of systems or
subsystems of safety features make up
an exterior side door safety system.
‘‘No-motion system’’ means a system
on a train that detects the motion of the
train. This system is normally integrated
with the exterior side door safety
system.
‘‘Trainline door circuit’’ means a
circuit used to convey door signals over
the length of a train. This term is used
in the definition of door summary
circuit.
Subpart B—Safety Planning and
General Requirements
FRA has carefully organized the
various requirements in this final rule.
These requirements apply to all tiers of
passenger cars and locomotives used in
passenger service. In the NPRM, FRA
made clear that, in addition to
requirements for passenger cars, the
proposed rule would apply certain
requirements to locomotives used in
passenger service. FRA invited
comment on how the various
requirements in the rule should be
organized and specifically the approach
the NPRM took to applying
requirements to locomotives used in
passenger service, including comments
on any alternative approach. However,
FRA did not receive any comment from
the public on these or other areas of the
NPRM where FRA specifically invited
comment.
As discussed above in Section III,
Discussion of Specific Comments and
Conclusions, FRA did receive and
carefully considered comments on the
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requirements proposed in the
rulemaking. However, FRA has not
changed the rule text on the basis of the
comments received. FRA is nonetheless
modifying the rule text in this final rule
to provide the regulated community
with greater clarity on the requirements
of this rule. FRA describes these
changes below in this Section-bySection Analysis.
Section 238.131 Exterior Side Door
Safety Systems—New Passenger Cars
and Locomotives Used in Passenger
Service
FRA is adding this new section to part
238, addressed below by paragraph.
Paragraph (a) applies to powered
exterior side door safety systems on new
rail passenger cars, and connected door
safety systems on new locomotives used
in passenger service, ordered on or after
April 5, 2016, or placed in service for
the first time on or after February 5,
2016. This paragraph does not apply to
new or existing rail passenger cars or
locomotives used in passenger service
with manual exterior side doors. It also
does not apply to existing rail passenger
cars or locomotives used in passenger
service with powered exterior side
doors.
Paragraph (a)(1) requires that all
powered exterior side door safety
systems on new rail passenger cars and
connected door safety systems on new
locomotives used in passenger service
be built according to APTA Standard
PR–M–S–18–10, ‘‘Standard for Powered
Exterior Side Door System Design for
New Passenger Cars’’ (Standard).
APTA’s Rail Standards Policy and
Planning Committee approved this
APTA Standard on February 11, 2011.
The Task Force and Working Group
subsequently reviewed and
recommended the Standard to the full
Committee, which then recommended
that FRA use the Standard in this
rulemaking. FRA is incorporating by
reference this Standard, which contains
a set of minimum safety standards for
powered exterior side door safety
systems on new passenger rail cars and
connected door safety systems on new
locomotives that are used in passenger
service.
The Standard addresses design
requirements and safety features that
occur at three different levels: The
individual door, the car, and the train.
Passenger cars and passenger
locomotives must be able to
communicate with each other to provide
for the safe use and operation of exterior
side doors in passenger cars. As a result,
the Standard requires the train’s door
summary circuit to be interlocked with
the propulsion system of the train’s
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locomotive(s). Specifically, the train
may not develop tractive power if an
exterior side door in a passenger car is
not closed, unless the door is under the
direct physical control of a
crewmember.
The implementation dates in this
paragraph are consistent with other
applicability dates FRA imposed, and
FRA believes they are achievable. This
Standard is available to all interested
parties online at www.apta.com.
Additionally, FRA made a copy of the
Standard part of the docket in this
proceeding and it is available for public
inspection.
Paragraph (a)(2) requires powered
exterior side door safety systems on all
new passenger cars and connected door
safety systems on new locomotives used
in passenger service to be designed
based on a FMECA. FRA requires such
door safety systems to be subject to a
FMECA to ensure door system
manufacturers consider and address the
failure modes of exterior side doors. As
discussed in the Technical Background,
Section IV.F.3, FRA learned there was
great variability among different models
of passenger cars on how exterior side
doors reacted to a system failure. For
example, when there was a loss of
electricity to the door control circuit,
some powered exterior side door
systems responded by automatically
closing the exterior side doors, while in
other equipment the doors would stay
open. FRA believes that subjecting these
door safety systems to a FMECA will
ensure that passenger car and
locomotive manufacturers consider how
these systems may fail and make
informed decisions on the safest design
approach.
Paragraph (a)(3) requires powered
exterior side doors in all new passenger
cars to be equipped with an obstruction
detection system, and a connected
system in all new locomotives used in
passenger service, to identify and
release an obstruction while preventing
the train from developing tractive power
until the obstruction is released. An
obstruction detection system detects
and reacts to both small and large
obstructions in the powered exterior
side doors. This will make boarding and
alighting from passenger trains safer.
This new paragraph is necessary
based on FRA’s assessment of powered
exterior side doors on various passenger
train operations, as discussed
specifically in the Technical
Background, Section IV.F.7. In many
instances, FRA discovered that a
passenger, or his or her belongings,
could be caught in a powered exterior
side door of a passenger car without the
door recognizing the passenger or the
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obstruction. As a result of this failure,
some passenger trains were able to
complete the door summary circuit and
receive tractive power to depart even
though there was an obstruction in a
powered exterior side door. These types
of incidents have led to serious
passenger injuries and even death. FRA
also learned that some door systems
were unable to identify large
obstructions caught in a train’s exterior
side doors. For example, some
passenger trains could generate tractive
power even when a large object like a
wheelchair or walker became stuck in
the exterior side doors. Passenger door
systems that cannot detect these larger
obstructions pose substantial safety
hazards to passengers with disabilities
or other passengers who may need extra
assistance to board or alight from a
train.
Paragraph (a)(4) prohibits the
activation of a door by-pass feature in
new passenger cars with powered
exterior side doors and in connected
locomotives from affecting an exterior
side door’s obstruction detection
system. As discussed in the Technical
Background, Section IV.F.10, FRA
discovered that many passenger door
safety systems could be compromised
by the activation of a door by-pass
device. Operating a train in door by-pass
mode can negate some or all of the
safety features of the exterior side door
safety system, including the obstruction
detection system and door status
indicator.
FRA also discovered that some
railroads had obstruction detection
systems that were engineered into their
passenger trains’ exterior side doors, but
did not use them and, instead, operated
trains in door by-pass mode. By
negating these important door safety
features, the railroads created the
potential for passengers to get caught in
closing exterior side doors and dragged
as the trains developed tractive power
and departed from stations.
Therefore, FRA is requiring that
obstruction detection systems in new
passenger cars and connected
locomotives used in passenger service
function as designed, even if the train in
which the equipment is being hauled is
operated in door by-pass mode. This
will ensure that passenger safety is not
compromised by deactivating these
safety features in the train’s exterior side
doors.
Paragraph (a)(5) requires the train
crew to use a door control panel key or
some other secure device to access the
train’s door control system. The train
crew will need a key or other secure
device to operate the door control panel
to open or close the exterior powered
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side doors. FRA does not intend to
require passengers in an emergency to
use a key to operate any manual
override device for opening powered
exterior side doors. See 49 CFR 238.112.
Such manual override devices must be
readily accessible to passengers in an
emergency. Instead, this requirement is
intended to reduce the risk that
passengers in non-emergency situations
will gain access to the door control
system and open the exterior side doors
to prematurely exit a train while it is
still in motion.
FRA makes clear that although this
final rule often states requirements in
terms of the duties of railroad
crewmembers, any person as defined in
§ 238.5, including a contractor or
subcontractor to a railroad, who
performs any function required by this
final rule, must perform that function in
accordance with this rule. See § 238.9(c)
(‘‘Responsibility for compliance’’).
Consequently, the requirements of this
final rule apply to contractors and
subcontractors performing railroad
crewmember functions.
Paragraph (a)(6) is related to
paragraph (a)(5). This paragraph makes
clear that if the door control panel key
or other similar device is removed from
the door control panel, the powered
exterior side doors on the train cannot
be opened or closed from the door
control panel. A door control panel key
or other similar device is required to
operate the powered exterior side doors
from the door control panel.
This requirement helps ensure that
only the conductor or another qualified
crewmember can open or close the
exterior side doors from the door control
panel. This requirement will minimize
the possibility that passengers will open
the exterior side doors in nonemergency situations when a train is
entering or departing a station.
However, FRA notes that under
§ 238.112, powered exterior side doors
must continue to be equipped with a
manual override device to allow
passengers to open the doors in
emergency situations.
Paragraph (a)(7) ensures that train
throttle movement will have no effect
on the proper functioning of exterior
side door safety systems in new
passenger cars and connected door
safety systems in new locomotives used
in passenger service. As discussed in
the Technical Background, Section
IV.F.11, FRA discovered through its
door safety assessment that certain
passenger car door systems were
designed so that the exterior side doors
would automatically close when the
train’s throttle was applied. As FRA
understands, the rationale behind such
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a design is to provide an operational
enhancement for the engineer to
automatically command the exterior
side doors to close when the throttle is
applied. However, from FRA’s
observations during its door safety
assessment, the exterior side doors on
some railroads’ trains would stop
moving and remain open while other
exterior side doors would close when
the train’s throttle was applied. This
could result in doors being partially
open while trains are in motion, thereby
increasing the risk that passengers could
fall out of trains and suffer injuries.
Moreover, FRA also learned that
powered exterior side doors on trains
running in door by-pass mode reacted
very differently when the throttle was
applied. On these trains, the throttle
movement, in combination with the
door by-pass feature activation, negated
some or all of the exterior side door
obstruction safety features. Therefore,
FRA is requiring that, for new passenger
cars and locomotives used in passenger
service, locomotive throttle movement
does not open or close a passenger
train’s exterior side doors or have any
other effect on the proper functioning of
the train’s door safety system.
Paragraph (b) applies to new rail
passenger cars, with either manual or
powered exterior side doors, and
connected door safety systems on new
locomotives used in passenger service,
ordered on or after April 5, 2016, or
placed in service for the first time on or
after February 5, 2018. This paragraph
does not apply to existing rail passenger
cars or locomotives used in passenger
service with either manual or powered
exterior side doors.
Paragraph (b)(1) requires new
passenger cars with manual or powered
exterior side doors, and connected door
safety systems on new locomotives used
in passenger service, to be designed
with a door summary circuit to prohibit
trains from developing tractive power if
the exterior side doors are not closed.
This paragraph is necessary to prevent
serious injuries from occurring when
trains have their exterior side doors
open while moving.
However, FRA is allowing an
exception for train crew use. This
requirement does not apply to an
exterior side door that is under the
direct physical control of a crewmember
for his or her exclusive use when a train
generates, or is in the process of
generating, tractive power. This limited
exception is necessary to help train
crews make platform and other
observations outside of the train. For
example, train crews often open one
exterior side door to ensure the train is
sitting properly along the station
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platform before opening all of the
exterior side doors and allowing
passengers to board and exit from the
train.
Paragraph (b)(2) requires that manual
and powered exterior side doors on new
passenger cars be connected to interior
and exterior door status indicators, and
that new locomotives used in passenger
service be compatible with such
indicators. The exterior side doors must
be connected to interior and exterior
door status indicators, usually lights, to
indicate when a door is not closed.
These indicators provide railroad
personnel both inside the train and on
the station platform a fast, easy way to
visually identify whether an exterior
side door is not closed as intended. FRA
believes that these interior and exterior
door status indicators will help train
crews determine whether it is safe for
trains to depart stations.
Paragraph (b)(3) requires all new
passenger cars with manual or powered
exterior side doors and all new
passenger locomotives to be connected
to a door summary status indicator
located in the train’s operating cab and
viewable from the engineer’s normal
operating position. When all the exterior
passenger side doors on a train are
closed, the door summary status
indicator, usually a light, illuminates in
the engineer’s operating cab. As a result,
the indicator provides an easy way for
an engineer to know that all the exterior
side doors have been closed as intended
and it is safe for the train to depart. If
the indicator is not illuminated, the
engineer knows that the exterior side
doors are not closed and that the train’s
brakes should be maintained so the train
does not move.
Paragraph (b)(4) requires that, for all
new passenger cars with manual or
powered exterior side doors, and all
new locomotives used in passenger
service equipped with a door by-pass
system, the door by-pass system will be
functional only when activated from the
controlling locomotive. Putting a train
in door by-pass mode allows the train to
develop tractive power regardless of the
status of the doors. During its door
safety assessment of passenger railroads,
FRA found that for many models of
equipment the entire passenger train
could be put into door by-pass mode by
activating one of several different door
by-pass switches throughout the train
consist. Moreover, FRA even found that
by-pass switches could be activated
without the knowledge of the train
crew—a dangerous situation.
Because this paragraph requires that
the door by-pass switch can only be
activated in the controlling locomotive
of a passenger train, engineers should
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always know if the door safety system
has been overridden through the use of
the door by-pass switch. In addition,
having the switch only be activated in
the controlling locomotive of the train
greatly minimizes the risk that a
passenger may activate the device,
whether inadvertently or not. Since this
device affects vital safety features, FRA
believes that all precautions should be
taken to ensure that a train is put in
door by-pass mode only after careful
consideration by the train’s crew.
Paragraph (c) identifies other sections
in this part that include substantive
requirements for exterior side door
safety for ease of reference. These
include requirements for using side
doors in an emergency.
Section 238.133 Exterior Side Door
Safety Systems—All Passenger Cars and
Locomotives Used in Passenger Service
FRA is adding this new section to part
238, addressed below by paragraph.
Paragraph (a) requires that each
passenger train crew verify all exterior
side door by-pass devices that could
affect the safe operation of the train are
sealed in the non-by-pass position when
taking control of the train. For example,
from its door safety assessment of
various passenger railroads, FRA
discovered that on some railroads the
door by-pass switches in the cabs of
trailing locomotives could place an
entire train in door by-pass mode if
activated anywhere on the train. FRA
believes that all train crewmembers
should understand when first taking
control of a passenger train whether the
exterior side doors of the train are in
door by-pass mode. However, when
there is face-to-face relief of another
train crew, the train crew coming on
duty will not need to verify the status
of the door by-pass devices by visual
inspection. This exception will help
railroad efficiency by not requiring oncoming train crews to conduct an
inspection to verify whether their train
is being operated in door by-pass status
if they are directly notified by the outgoing crew through face-to-face relief
regarding the status of the train’s door
by-pass devices. When there is no direct
face-to-face relief by the crew going off
duty, the on-coming train crew must
verify the status of their train’s door bypass devices.
However, paragraph (a) also allows
railroads to develop a functional test to
verify that the door summary status
indicator is functioning as intended,
instead of a visual inspection of each
door by-pass device. Allowing qualified
railroad personnel to conduct a
functional test instead of a visual
inspection of all door by-pass switches
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makes the verification process more
efficient. Of course, the testing plan the
railroad develops to replace individual
visual inspections must be adequate to
determine that each door safety system
is functioning as intended.
Paragraph (b) requires passenger train
crewmembers to notify the railroad’s
designated authority under the
railroad’s defect reporting system if a
door by-pass device that could affect the
safe operation of the train is found
unsealed during the train’s daily
operation. If the train crew can test the
door safety system and determine the
door summary status indicator is
functioning as intended, then the train
may remain in service until the next
forward repair point where a qualified
maintenance person (QMP), as defined
in § 238.5, can apply a seal, or until its
next calendar day inspection, whichever
occurs first. If the crew cannot
determine that the door summary status
indicator is functioning as intended,
then the train crew must follow the
procedures in paragraph (c) of this
section.
Paragraph (c) requires that, when it
becomes necessary to activate a door bypass device while a train is en route, the
train may continue to its destination
terminal if the train crew: Conducts a
safety briefing that includes a
description of the location(s) where
crewmembers will position themselves
on the train to observe the boarding and
alighting of passengers; notifies the
railroad’s designated authority that the
train’s door by-pass device has been
activated; and adheres to the operating
rules required by § 238.135 (‘‘Operating
practices for exterior side door safety
systems’’). After the train has reached its
destination terminal, the train may
continue in passenger service until the
train’s arrival at the next forward repair
point or until its next calendar day
inspection, whichever occurs first, if the
railroad adheres to the requirements in
paragraphs (c)(1) and (2) of this section
before moving the equipment with an
active door by-pass device.
Paragraph (c)(1) allows a passenger
train with a door by-pass device
activated to remain in service past its
destination terminal if an on-site QMP
determines it is safe to use the
equipment in passenger service and
repairs cannot be made at the time of
inspection. If a QMP is not available, a
determination to keep the equipment in
service may be made based upon an onsite qualified person’s (QP), as defined
in § 238.5, description of the condition
to a QMP offsite. This requirement will
help ensure passenger safety by
requiring a QMP to make the
determination on whether it is safe to
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76131
move the train, but will still provide the
railroad with sufficient flexibility to
handle an activated door by-pass device.
Paragraph (c)(2) requires that either
the QP or QMP notify the crewmember
in charge of the train’s movement that
the door by-pass device has been
activated. This notification requirement
ensures that the crewmember in charge
of the train’s movement knows the train
is operating with its door by-pass device
activated and that some or all of the
door safety features of the train’s
exterior side doors may not be properly
functioning. In addition, the train crew
must then hold a safety briefing that
includes information such as the
locations where each crewmember will
position himself or herself on the train
to ensure that passengers board and
alight from the train safely. This safety
briefing helps to ensure that the train
operates with the same level of safety
after the door by-pass device has been
activated as it did before the device was
activated.
Paragraph (d) requires each passenger
railroad to maintain a record of any door
by-pass activation, unintended opening
of a powered exterior side door, and
subsequent repair(s) made to the
passenger door safety system in the
defect tracking system required by
§ 238.19. While railroads do currently
maintain records concerning the
malfunction of exterior side doors and
subsequent repairs, FRA is not aware
that railroads maintain such records
when a door by-pass device has been
activated or only when there has been
an unintentional door opening.
Collecting this information will provide
useful data concerning test and
maintenance intervals that are
developed under this part, e.g.,
§ 238.107 and subpart F. Like other
records collected under § 238.19,
railroads must make these records
available to FRA for inspection upon
request.
Paragraph (e) is intended to prevent
exterior side doors from being operated
from a door control panel when the door
key or other similar device has been
removed. As evidenced by FRA’s
assessment of various passenger train
door operations, this language is
necessary because some trains’ door
safety systems have allowed the door
control panel to remain energized after
the door control panel key or similar
device was removed from the panel.
When door control panels can still be
operated after the specific door key or
similar device has been removed,
passengers can open the train’s exterior
side doors by simply pressing the door
open button. FRA is concerned because
passengers have opened exterior side
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doors to exit trains early before the
trains came to a complete stop at
stations. Additionally, some passengers
have opened the exterior side doors to
exit trains while leaving stations
because they forgot to exit while the
trains were stopped at station platforms.
Either of these scenarios could easily
result in severe passenger injuries.
Accordingly, this requirement
mandates the use of a door panel key or
a similar device to energize or activate
the door control panel. The door control
panel key or device will be held by the
train’s crew. FRA does make clear that
nothing in this paragraph is meant to
change any of the requirements in
§ 238.112 for the accessibility and
operation of manual override devices for
exterior side doors in an emergency
situation. This paragraph does not
require passengers in an emergency
situation to use a key to operate any
manual override device for opening
powered exterior side doors required by
§ 238.112. Passengers and crewmembers
must still be able to utilize the manual
override devices for exterior side doors
in an emergency situation without the
use of a door key or other similar
device.
Paragraph (f) requires a train to
maintain the integrity of its door safety
systems by proper activation of the endof-train circuit. This includes, but is not
limited to, securing the end-of-train
circuit in a manner that prevents
unauthorized access. The railroad must
secure the end-of-train circuit to protect
the integrity of the train. FRA
discovered that, in many models of
passenger cars, a simple switch was
used to activate the end-of-train circuit
and denote the end of the train. This
switch was often in the vestibule area of
the car and accessible to passengers.
FRA also found a switch that was
activated in a car other than at the end
of the train. Activation of the switch
eliminates from the door summary
circuit all passenger car exterior side
doors beyond the activated switch,
allowing the potential for a passenger in
one of those cars to become entangled
in an exterior side door and dragged
when the train departs because the door
safety features do not function. This
paragraph helps ensure in particular
that if a railroad uses end-of-train circuit
switches in its trains, the railroad takes
sufficient care of the switches to prevent
them from being tampered with or
inadvertently activated by unauthorized
users. FRA added language to this
section in this final rule to clarify that
railroads must ensure the integrity of
the end-of-train circuit and not just
prevent unauthorized access to end-oftrain circuit switches on trains that use
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such switches to affect the end-of-train
circuit.
Paragraph (g)(1) requires all exterior
side door safety system override devices
that could adversely affect a train’s door
safety system to be inactive and sealed
in all passenger cars and locomotives in
the train consist. This requirement
applies to cab cars and MU locomotives,
as well as conventional locomotives.
The requirements of this paragraph are
subject to the provisions of paragraph
(c) of this section for a train when it is
necessary to activate a door by-pass
device, to ensure the train may safely
continue to its destination terminal.
Paragraph (g)(2) is similar to
paragraph (g)(1). However, this
paragraph emphasizes that as part of the
calendar day inspection, QMPs will
verify that all exterior side door safety
system override devices are inactive and
sealed in all passenger cars and all
locomotives in a passenger train’s
consist, including cab cars and MU
locomotives, if they are so equipped.
Passenger cars or locomotives that
QMPs find with unsealed or active
exterior side door safety system override
devices are considered defective under
the regulation and subject to the
movement-for-repair provisions of this
part.
Section 238.135 Operating Practices
for Exterior Side Door Safety Systems
FRA is adding this new section to part
238, addressed below by paragraph.
Paragraph (a) requires each
crewmember to participate in a safety
briefing that identifies each
crewmember’s responsibilities for the
safe operation of the exterior side doors
on the crewmember’s train. The briefing
takes place at the beginning of each
crewmember’s duty assignment before
the train departs. This requirement
helps ensure all the crewmembers
involved in the operation of a passenger
train understand their roles and
responsibilities for the safe operation
and use of the exterior side doors.
In this final rule, FRA revised the
language in this paragraph to clarify that
the required safety briefing must
address possible door safety issues
arising anytime during the crew’s
operation of the assigned train,
including when the train arrives at and
departs from a station. The briefing
requirement applies to providing
direction throughout the crew’s entire
operation of the assigned train. For
example, if construction or other work
will be conducted at a station platform
that could negatively impact the
boarding and alighting of passengers or
crewmembers at a station, the crew
must discuss the platform work and the
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steps necessary to ensure the train’s
doors can be safely operated at the
station.
FRA invited comment from the
railroad industry and the greater public
on how this safety briefing should
occur, but did not receive any
comments during the comment period.
Nonetheless, FRA makes clear that the
safety briefing may be made part of
other safety briefings or discussions
involving the operation of the passenger
train, provided each crewmember’s role
in the safe operation and use of the
exterior side doors is clearly
established.
Paragraph (b) requires all passenger
train exterior side doors and trap doors
to be closed when a train is moving
between stations, except as provided in
paragraphs (b)(1) and (2). As stated
previously in Section III, Discussion of
Specific Comments and Conclusions,
above, FRA received comments from
SEPTA and Veolia regarding this
paragraph. Both SEPTA and Veolia
asked FRA to allow additional
circumstances when passenger train
exterior side doors and trap doors may
be open when a train is moving between
stations. As previously explained, FRA
declines to establish additional,
generally-applicable exceptions beyond
what is provided in paragraphs (b)(1)
and (2). However, FRA is providing
additional time for railroads to comply.
Paragraph applies after April 5, 2016, or
60 days after the final rule takes effect.
As proposed, paragraph (b) would have
become applicable when the final rule
took effect. In particular, this additional
time will facilitate the process for
SEPTA, Veolia, and any other entity to
seek relief from the requirements of
§ 238.135(b) by applying for special
approval under § 238.135(c) from FRA’s
Associate Administrator for Railroad
Safety/Chief Safety Officer. Section
238.135(c) allows FRA to make
individualized determinations that
tailor any additional exceptions to the
specific circumstances involved and the
safety of the affected passengers and
train crews. For more discussion of
SEPTA’s and Veolia’s comments on this
rulemaking, and FRA’s response, see the
Discussion of Specific Comments and
Conclusions, Section III.
Paragraph (b)(1) allows a passenger
train to depart from or arrive at a station
with an exterior side door or trap door
open when a crewmember needs to
observe the station platform (paragraph
(b)(1)(i)) and the open door is attended
by the crewmember (paragraph
(b)(1)(ii)). For instance, observing the
station platform is necessary when
arriving at stations so that crewmembers
can determine if their train is properly
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positioned along the platform before
opening the exterior side doors. In
addition, crewmembers may need to
open an exterior side door on their train
to observe the station platform to help
ensure the safety of late-boarding
passengers for station departures. With
a crewmember stationed at each open
exterior side door or trap door when
departing from or arriving at a station,
the train crew can better protect
passengers from placing themselves in
harm’s way and more quickly react to an
emergency occurring on the station
platform.
Paragraph (b)(2) allows a passenger
train to move between stations with its
exterior side doors and trap doors open
when a crewmember must perform onground functions. On-ground functions
include, but are not limited to, lining
switches, making up or splitting the
train, providing crossing protection, and
inspecting the train. This exception was
created because the Door Safety
Subgroup thought it would be too
cumbersome and an undue hardship on
passenger railroads to require them to
operate their trains with their exterior
side doors and trap doors closed when
performing on-ground functions. For
example, passenger train conductors
often have to exit and reenter their
trains several times when lining
switches to establish the proper track
route for their trains. However, FRA
expects that crewmembers will close
any such open exterior side doors or
trap doors on their trains as soon as it
is practical after completing the
necessary on-ground functions.
As discussed above, paragraph (c)
requires that passenger railroads receive
approval from FRA’s Associate
Administrator for Railroad Safety/Chief
Safety Officer to operate passenger
trains with their exterior side doors or
trap doors, or both, open between
stations except as provided in paragraph
(b) of this section. Any request to FRA
must include: A written justification
explaining why the passenger railroad
needs to operate its trains in this
manner (paragraph (c)(2)(i)); and a
detailed hazard analysis conducted by
the railroad analyzing the hazards of
running its trains in this manner,
including specific mitigations to reduce
the safety risk to passengers and train
crews (paragraph (c)(2)(ii)). The chief
executive officer (CEO), or equivalent, of
the organization(s) making the request
must sign the request (paragraph (c)(3)).
In addition, FRA added paragraph (c)(4)
to this final rule to clarify that railroads
may need to submit other documents
and different types of information to
support the request. Passenger railroads
must seek this special approval from
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FRA before operating trains in the
requested manner, so that FRA can
determine if passengers and train crews
riding on such trains are adequately
safeguarded against personal injury.
FRA makes clear that if a passenger
railroad must take additional steps to
adequately safeguard passengers and
train crews against personal injury, FRA
may condition the grant of any special
approval on the implementation of any
such measures within the timeframes in
the approval.
Paragraph (d) requires railroads to
adopt and comply with operating rules
on how to safely override a door
summary circuit or a no-motion system,
or both, if there is an en route exterior
side door failure or malfunction on a
passenger train. Under this section’s
requirements, the railroads must
provide these written rules to their
employees and make them available for
FRA inspection. The written rules must
include: (1) Instructions to
crewmembers and control center
personnel describing what conditions
must be present to override the door
summary circuit or the no-motion
system, or both (paragraph (d)(1)); and
(2) steps crewmembers and control
center personnel must take after the
door summary circuit or no-motion
system, or both, have been overridden,
to help ensure continued passenger
safety (paragraph (d)(2)). These
paragraphs are intended to ensure a
mechanism exists to communicate that
a defect has occurred in a critical safety
system on a passenger train and that
passenger safety continues to be
provided after the critical safety system
is overridden.
FRA is allowing a three-year period
for the requirements in this paragraph to
be implemented. FRA believes this
three-year period will provide railroads
with adequate time to develop and train
their crewmembers and control center
personnel on the operating rules and
instructions, and minimize any cost.
FRA wants to make clear that the term
‘‘control center personnel’’ in this final
rule includes both railroad employees
and railroad contractors and
subcontractors who perform control
center functions. See § 238.9(c). Use of
the term ‘‘control center personnel’’ is
also consistent with 49 CFR part 239,
Passenger Train Emergency
Preparedness, which uses the term
‘‘control center personnel’’ to describe
the same persons. While crewmembers
will continue to have the majority of the
responsibilities under this section,
control center personnel play an
important role in how to safely override
a door summary circuit or no-motion
system, or both.
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Paragraph (e) requires each
crewmember to be trained on: (1) The
requirements in this section; and (2)
how to identify and isolate equipment
with a malfunctioning exterior powered
or manual side door. For example, FRA
expects that this training will cover how
a crewmember determines which
exterior side door is malfunctioning.
FRA believes that training crewmembers
is necessary to ensure that a passenger
train’s door safety systems are utilized
to their designed level of safety.
Crewmembers operating exterior side
doors on passenger trains and tasked
with providing passenger safety must
understand the safety risks involved in
the use and operation of exterior side
doors.
FRA makes clear that these
requirements apply to both manual and
powered exterior side doors. FRA is
allowing a three-year period for
railroads to implement the requirements
of this paragraph. This three-year period
affords the railroads adequate time to
train their crewmembers and minimize
any cost.
Paragraph (f) requires each railroad to
adopt and comply with operating rules
requiring its crewmembers to determine
the status of their train’s exterior side
doors so their train may safely depart a
station. In particular, this paragraph
requires crewmembers to determine
there are no obstructions in their
passenger train’s exterior side doors
before the train departs. This operating
rule requirement will safeguard against
passengers becoming entangled in the
exterior side doors of a train when
boarding and alighting the train. FRA is
allowing railroads a three-year period to
implement the requirements of this
paragraph. In the NPRM, this
requirement was proposed under
§ 238.135(g). However, in this final rule
FRA has switched proposed
§§ 238.135(f) and (g) because it flows
logically that requirements about
operating rules should come before
requirements for conducting tests on
those rules.
Paragraph (g) requires that each
railroad periodically conduct
operational (efficiency) tests and
observations of its operating
crewmembers and control center
personnel to determine each
individual’s proficiency with the side
door safety procedures for both the
railroad’s exterior powered and manual
passenger train side doors. FRA
recognizes the critical role control
center personnel have in ensuring the
safe movement of trains. These
individuals must receive operational
(efficiency) testing appropriate to their
role providing door operations support
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to train crews. For example, control
center personnel must understand the
implications of a crew’s activation of a
door by-pass device. Due to additional
safety precautions the crew must take, a
train might need extra time at station
platforms to allow for the safe boarding
and alighting of passengers, which may
affect the crew’s ability to adhere to the
train schedule. Control center personnel
must be prepared to respond
appropriately to safely direct train
movements.
As in paragraph (e), FRA makes clear
that this paragraph applies to both
manual and powered exterior side
doors. The rule provides railroads a
three-year implementation period before
requiring them to conduct operational
(efficiency) tests and observations of
their operating crewmembers and
control center personnel to determine
each individual’s knowledge of the
specific railroad’s powered and manual
exterior side door safety procedures for
its passenger trains. This three-year
implementation period affords the
railroads adequate time to train and
then begin testing their crewmembers
and control center personnel on exterior
side door safety procedures, and
minimize any expense.
Finally, as stated above, this
requirement was proposed under
§ 238.135(f) in the NPRM. However, in
this final rule FRA has switched
proposed §§ 238.135(f) and (g) for
clarity.
Section 238.137 Mixed Consist;
Operating Equipment With
Incompatible Exterior Side Door
Systems
FRA is adding this new section to part
238. FRA modified the language
proposed in the NPRM for each
paragraph of this section to clarify
FRA’s intent regarding each paragraph.
Through this section, FRA is creating a
positive requirement for railroads to
take action to ensure that when they
operate ‘‘mixed consist’’ trains, they
operate them safely. In addition, FRA is
also modifying the language proposed in
paragraph (b) to clarify that entities
subject to the requirements of this rule
must adopt and comply with operating
rules to ensure the safe operation of
mixed consist trains. Each paragraph is
addressed below.
Paragraph (a) requires a train made up
of equipment with incompatible exterior
side door systems to be operated within
the constraints of each exterior side
door safety system on the train. As
evidenced by FRA’s safety assessment of
passenger railroad door systems across
the country, some passenger railroads
mix and match different models of
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passenger cars with different door safety
systems when they assemble individual
trains. These trains are referred to as
mixed consists and can contain
passenger cars with different types of
exterior side doors, such as manual and
powered doors. They can also be
comprised of passenger cars with
different models or types of powered
exterior side doors that are not
compatible with each other’s door safety
system. Because the door safety systems
on mixed consist trains are not able to
properly communicate the presence of
an obstruction in a door, or the door’s
status otherwise, this paragraph requires
train crewmembers to take extra steps to
enhance passenger safety to a level at
least equivalent to a train operating with
compatible exterior side door systems.
In this regard, FRA notes that in mixed
consist trains with both manual and
powered exterior side doors, the manual
exterior side doors require extra
attention by crewmembers to ensure
that they are closed and it is safe to
depart. In addition, FRA slightly
modified the proposed language for this
paragraph in this final rule to state the
requirement more clearly.
Paragraph (b) requires railroads to
adopt and comply with operating rules
to provide for the safe use of passenger
cars and locomotives used in passenger
service with incompatible exterior side
door safety systems when they are
operated together in a mixed consist
train. Once the operating rules have
been adopted, complying with these
rules will ensure the mixed consist train
is operated with at least the same level
of safety as a train with compatible
exterior side door safety systems, even
though the door safety systems on the
various cars are incompatible. These
rules must take into consideration the
constraints of the door systems of the
equipment operated by the railroad. For
example, the operation of a mixed
consist train may require additional
measures to help ensure passenger
safety, such as operating rules on crew
positioning or providing a second look
at the station platform to determine
whether it is safe for the train to depart
a station.
FRA also modified the proposed
language in this paragraph to clarify its
requirements. The modified language
makes the regulatory language
consistent with the regulatory language
for § 238.135(d) and (g) in this final rule,
which also contain requirements
involving railroad operating rules.
Appendix A to Part 238—Schedule of
Civil Penalties
This appendix contains a schedule of
civil penalties for use to enforce this
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part. 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, FRA invited comment on
the penalty schedule. However, FRA did
not receive any comments.
Accordingly, FRA is amending the
penalty schedule to reflect the addition
of the following sections to this part:
§ 238.131, Exterior side door safety
systems—new passenger cars and
locomotives used in passenger service;
§ 238.133, Exterior side door safety
systems—all passenger cars and
locomotives used in a passenger service;
§ 238.135, Operating practices for
exterior side door safety systems; and
§ 238.137, Mixed consist; operating
equipment with incompatible exterior
side door systems.
VI. Regulatory Impact and Notices
A. Executive Orders 12866 and 13563
and DOT Regulatory Policies and
Procedures
This final rule has been evaluated in
accordance with Executive Order 12866
(Regulatory Planning and Review),
Executive Order 13563 (Improving
Regulation and Regulatory Review), and
DOT policies and procedures. A
regulatory evaluation has been prepared
addressing the economic impact of the
final rule over a 20-year period. The
economic impacts of the final rule are
estimated at well under $100 million
per year. This section summarizes the
economic impacts of the final rule.
The intent of the final regulation is to
increase safety by reducing the injuries
caused by the operation of a passenger
train’s exterior side doors. The doors
can cause injuries to passengers from
striking or holding them as they board
or alight from trains. These injuries are
unintended consequences that result
from normal train operations. Railroad
rules governing the operation of the
doors may not provide adequate
information to crewmembers, for
example, about when and how to use
door by-pass devices and the interaction
of the doors with other train systems.
Although most passenger trips occur
without a door incident, the
consequences of improper door
operations can and have resulted in
serious harm and even death. In
November 2006, a passenger died after
being caught in the doors of a departing
NJT train at the Bradley Beach, NJ
station.
FRA intends to reduce door incidents
and injuries in two ways. First, the final
rule addresses the railroads’ rules and
procedures for operating doors. The
final rule requires railroads to have and
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implement operating rules for their
employees that emphasize
understanding the capabilities and
limits of the door safety systems
installed on the passenger cars and
connected locomotives used in
passenger service that they operate. The
overall intent of the operating rules
requirement is that the train crew
should be aware of the status of the door
safety systems on their train, such as if
the train is operating in by-pass mode
(which overrides certain door safety
features), if a door is locked-out because
of a malfunction, or if they are working
on trains that have cars with different
door safety systems. Specific
requirements include the need for the
train crew to verify that the door by-pass
devices are sealed on the train they are
operating, to report instances when a
by-pass device is found unsealed, and to
understand crew responsibilities to
safely operate the train when by-pass
mode has been activated. The final rule
also contains provisions to mitigate
existing practices that may
unintentionally increase the risk of
door-caused injuries. For example, the
final rule requires door control panels
(used to open and close the doors) to
become and remain inactive if a door
control key or some other secure device
is removed from the panel. Also, if
switches are used to denote the end of
the train circuit, then these switches
need to be secured. Securing the
switches used to denote the end of the
train reduces the opportunity for part of
the train to be cut-off from the summary
circuit and be left unprotected by the
door safety system (a situation which
could occur if the end-of-train circuit
switches are activated at some location
other than at the actual end of the train).
Additionally, FRA is concerned about
the inherent risk posed by a few
railroads’ practice of running trains with
the doors open between stations.
However, FRA allows railroads the
flexibility to continue the practice, but
only by special approval supported by
a hazard analysis including risk
mitigation measures. Other
requirements for operating rules task the
crew with determining that the doors
are free of obstructions so that the train
may safely depart a station, and with
procedures for safely operating trains
that consist of mixed passenger cars and
locomotives used in passenger service,
such as cars with different door systems.
For these operating rules and operating
rules describing procedures to maintain
safety when the train is in by-pass
mode, FRA allows three years for
implementing compliance. Passenger
railroads also have a three-year period
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to train crewmembers on these
operating rules. To determine that the
employees understand such operating
rules, railroads have three years to begin
conducting periodic operational
(efficiency) tests of its crewmembers
and control center personnel, as
appropriate to their roles ensuring the
safe operation of the exterior side doors
and the door by-pass devices.
The second part of the final rule
concerns requirements for doors on new
passenger cars and connected
locomotives used in passenger service.
FRA is adopting the APTA Standard
discussed above containing the design
requirements for door safety systems on
new passenger cars ordered with
powered exterior side doors, and for
connected door safety systems on new
locomotives used in passenger service.
For example, new cars with powered
exterior side doors need an obstruction
detection system, a key or other secure
device to activate (i.e., turn on) a door
control panel, and the doors may not
close or open by moving the locomotive
throttle control (i.e., the doors should be
controlled by the crew instead of by the
movement of the train). The Standard is
structured in a hierarchical order,
addressing the door safety features at
the individual door level through the
overall system level. The Standard is
structured this way to potentially
prevent or mitigate unsafe door
conditions at one of several levels. This
structure also provides railroads
flexibility to determine the most
appropriate equipment design for their
particular operations. In this way, the
Standard is performance-based.
Additionally, the final rule includes
some minimum safety standards for
manual and powered exterior side doors
on new passenger cars and for
connected door safety systems on new
locomotives used in passenger service.
These types of new passenger
equipment need to have a door
summary circuit that prevents the train
from taking power and moving if an
exterior side door is open. Other safety
requirements that apply to new cars
with either powered or manual exterior
side doors are door status lights or
indicators, a door summary status
indicator or light that is easily viewable
by the engineer, and by-pass devices
that work only when activated from the
operating cab of the train. The final rule
notes that these requirements for
passenger trains with manual or
powered doors apply to both commuter
and intercity passenger service railroads
(but not to private equipment).
FRA is requiring additional door
safety features on new cars and
connected locomotives. These safety
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76135
features can be installed more costeffectively in such new equipment
compared to potentially requiring the
retrofit of existing equipment. These
safety features on new cars and
connected locomotives are all currently
available.
FRA analyzed the economic impacts
of this rule against a ‘‘no action’’
baseline. The no action baseline reflects
the state of the world in the absence of
this final rule. The estimated costs
resulting from the final rule over the 20year period of analysis total $15.2
million undiscounted, with a present
value of about $8.3 million calculated
using a 7-percent discount rate (PV,
7%), and a present value of $11.5
million calculated using a 3-percent
discount rate (PV, 3%). The estimated
quantified benefits over a 20-year period
total $83.9 million undiscounted, $43.3
million (PV, 7%), and $61.7 million
(PV, 3%). These costs and benefits
result in net positive benefits over 20
years of about $68.7 million
undiscounted, $35.0 million (PV, 7%),
and $50.2 million (PV, 3%).
In the regulatory evaluation
accompanying the final rule, the
burdens accounted for remain primarily
the same as in the regulatory evaluation
accompanying the proposed rule. The
most significant change was expanding
the costs resulting from section
238.135(c), which requires railroads to
receive special approval from FRA to
operate passenger trains with open
doors between stations in circumstances
other than those specifically allowed by
the rule. The costs for this provision
were expanded to include potential
mitigations that a railroad may have to
put in place to reduce the risk to
passengers. In addition, after the
proposed regulatory evaluation was
published, DOT issued new guidance in
June 2014 for the value of a statistical
life that is used in estimating benefits.
The guidance also updated the median
growth rate in wages that affects the cost
estimates. The costs and benefits have
been revised in the final regulatory
evaluation to reflect this new guidance.
Also, the start of the period of analysis,
i.e., year 1, has been changed from 2014
to 2015 to reflect the passage of time
since the proposed rule was published.
These changes are explained in the final
regulatory evaluation accompanying the
final rule. Furthermore, DOT again
revised the value of a statistical life
guidance in June 2015 for analyses
prepared in 2015. The June 2015
guidance increases the value of a
statistical life from $9.2 million to $9.4
million. The new value would not alter
the benefits or costs enough to change
the resulting net-benefit outcome for
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this final rule. As the final regulatory
evaluation updates the 2014 analysis for
the proposed rule, and the benefit-cost
decisions would not be affected by the
new DOT guidance, this final analysis
continues to use the DOT guidance for
the value of a statistical life issued in
June 2014 for estimating impacts.
The final rule incurs relatively small
costs and therefore has relatively high
net benefits. Most of the initial burdens
are expected from changes to railroad
operating rules, and from the safety
standards for door safety systems on
new passenger trains where they can be
installed cost-effectively. The largest
contributor to costs is the crewmembers’
task of verifying that the door by-pass
devices on the train are sealed in the
normal, non-by-pass mode. The
quantified benefits result primarily from
reduced injuries based on a count of
door injuries in the past (2001–2005),
and the assumption that the final rule
would be 50-percent effective in
reducing similar injuries and fatalities
in the future. The count of door injuries
used the descriptive, narrative
statements on accident reports to better
identify door-caused injuries (yielding
about 19 potentially avoided injuries
per year on average). A count of doorcaused injuries using more recent data
from 2011 yielded 19 injuries, similar to
the average of previous years’ results.
There may be other additional benefits
that were not quantified, such as fewer
passenger claims for personal property
damage. Also, as door incidents are
often well-publicized in the media,
reducing the number of door incidents
will maintain and enhance the public’s
perception of safe passenger service, or
goodwill toward passenger service.
Furthermore, railroads for which the
APTA standard may serve as an
incentive to purchase new cars may
have reduced door system maintenance
costs as a result, as newer passenger cars
can be expected to have more reliable
door systems than older cars.
The costs and benefits are
summarized in the tables Costs
Summary and Benefits Summary,
respectively.
TABLE—COSTS SUMMARY
Final rule reference (and
regulatory evaluation
reference)
238.133(a) (8.2(a)), ByPass Device Verification.
238.133(a) (8.2(a)), Developing a Written Functional Test Plan.
238.133(b) (8.2(b)), Unsealed Door By-Pass
Device.
238.133(c) (8.2(c)), En
Route Failure.
238.133(d) (8.2(d)),
Records.
238.133(d) (8.2(d)),
Records.
238.133(e) (8.2(e)), Door
Control Panels.
238.133(f) (8.2(f)), End-ofTrain Circuit.
Cost category
Total undiscounted costs
Total present value of
costs discounted at 7%
Verify Door By-Pass Devices Are Sealed and
Ensure Integrity of the
Train.
As an Alternative, Develop
a Written Functional
Test Plan to Comply
with 238.131(a) By-Pass
Device Verification.
Apply Seal to Door ByPass Devices when
Found Unsealed, Report
Defect.
Determine if Safe to Proceed with Door By-Pass
Activated, and Hold
Crew Safety Briefing.
Record the Door By-Pass
Activation.
Record Unintended Door
Openings.
Average of Engineering
and Operating Rule Solutions to Prevent Unauthorized Access to Door
Control Panels.
Secure End-of-Train Circuit Switches, if Used.
$11,140,576 ......................
$5,499,252 ........................
$8,032,569.
$9,805 ...............................
$8,085 ...............................
$8,913.
$557,029 ...........................
$274,963 ...........................
$401,628.
$78,093 .............................
$40,723 .............................
$57,686.
$13,051 .............................
$6,806 ...............................
$9,640.
$52,203 .............................
$27,222 .............................
$38,561.
(0.5*$186,574) +
(0.5*$26,839) =
$106,707.
(0.5*$174,369) +
(0.5*$24,186) = $99,277.
(0.5*$181,140) +
(0.5*$25,643) =
$103,391.
$205,635 ...........................
$192,182 ...........................
$199,645.
Seal By-Pass Devices, if
so Equipped.
238.133(g)(2) (8.2(g)(2)),
Calendar Day Inspection.
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238.133(g)(1) (8.2(g)(1)),
Exterior Side Door Safety System Override Devices.
Verify Door By-Pass Devices Sealed; Cost for
Events Requiring Additional Troubleshooting.
238.135(a) (8.3(a)), Participate in Daily Safety/Job
Briefing.
Emphasize Crew Responsibilities for Safe Door
Operations.
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Total present value of
costs discounted at 3%
Accounted for in Sections 238.133(a), 238.133(b), and 238.133(g)(2).
$79,467 .............................
Frm 00020
$41,440 .............................
$58,701.
Can Combine with Other Safety Briefings, Minimal Marginal Cost.
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76137
TABLE—COSTS SUMMARY—Continued
Final rule reference (and
regulatory evaluation
reference)
238.135(b), 238.135(c)
(8.3(b), 8.3(c)), Operate
with the Exterior Side
Doors and Traps Closed
when Traveling Between
Stations, and Special
Approval to do so.
238.135(d), 238.135(f),
238.137(b) (8.3.1), Develop Operating Rules,
Mixed Consist.
238.135(d) (8.3.1), Additional Requirement to
Provide Written Operating Rules for By-Pass.
238.135(e) (8.3.2), Training
238.135(g) (8.3.2), Operational (Efficiency) Tests
and Observations.
238.131(a) (8.4), New Passenger Cars and Loco’s
Used in Passenger Service, Safety Systems for
Powered Exterior Side
Doors.
238.131(b) (8.5.1), Manual
and Powered Door System Standards for New
Passenger Equipment.
Total ...........................
Cost category
Total undiscounted costs
Total present value of
costs discounted at 7%
Total present value of
costs discounted at 3%
Railroads that File a Written Justification with
FRA Requesting Special
Approval to Operate with
the Exterior Side Doors
Open Between Stations,
Install Typical Risk Mitigations (Signage, Markings, Lighting).
Developing Operating
Rules for Overriding
Door Safety Systems,
Determining That Passengers are Clear of the
Doors, and Operating a
Train with Incompatible
Door Safety Systems.
Provide Written Operating
Rules to Crewmembers
and Control Center Personnel for Safely Overriding Door Safety Systems, Allow Time for
These Affected Individuals to Read Operating
Rules.
Review and Revise Existing Training Plans for
Training on Exterior Side
Door Safety Systems
and Operating Rules,
Perform Training.
Conduct Operational (Efficiency) Testing for Exterior Side Door Safety
Procedures.
Implement APTA Standard
for Powered Exterior
Side Door Systems on
New Passenger Cars
and Connected Loco’s
Used in Passenger
Service.
Implement Some Safety
Features for New Passenger Cars With Either
Powered or Manual Exterior Side Doors and
Connected Loco’s Used
in Passenger Service.
File Justification = $3,122,
Install Typical Mitigations = $150,000, Total
= $153,122.
File Justification = $2,918,
Install Typical Mitigations = $140,187, Total
= $143,105.
File Justification = $3,031,
Install Typical Mitigations = $145,631, Total
= $148,662.
$153,632 ...........................
$107,862 ...........................
$130,219.
Enter, Copy, Distribute
Rules = $2,199, Read =
$100,591, Total =
$102,790.
Enter, Copy, Distribute =
$1,487, Read =
$67,678, Total =
$69,165.
Enter, Copy, Distribute =
$1,836, Read =
$83,807, Total =
$85,642.
Review and Revise Training Plans = $11,235,
Perform Training =
$576,540, Total =
$587,776.
Review and Revise Training Plans = $8,547, Perform Training =
$391,380, Total =
$399,927.
Review and Revise Training Plans = $9,910, Perform Training =
$482,143, Total =
$492,053.
$116,019 ...........................
$52,666 .............................
$81,067.
$300,000 ...........................
$280,374 ...........................
$291,262.
$1,576,608 ........................
$1,068,506 ........................
$1,328,884.
...........................................
$15,232,512 ......................
$8,311,555 ........................
$11,468,527.
TABLE—BENEFITS SUMMARY
(VSL=$9.2 million)
AIS level dollar
value
mstockstill on DSK4VPTVN1PROD with RULES2
Rule year
1
2
3
4
5
6
7
8
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
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Estimated
reduction in
injuries, monetary
value
Estimated
reduction in
injuries, monetary
value at 50%
effectiveness
Estimated
reduction in
fatalities, monetary value at 50%
effectiveness
Total value of
reductions in injuries and fatalities
$301,389
304,945
308,544
312,184
315,868
319,595
323,367
327,182
$5,605,832
5,671,981
5,738,910
5,806,630
5,875,148
5,944,475
6,014,619
6,085,592
$2,802,916
2,835,991
2,869,455
2,903,315
2,937,574
2,972,237
3,007,310
3,042,796
$941,840
952,954
964,199
975,576
987,088
998,736
1,010,521
1,022,445
$3,744,756
3,788,944
3,833,654
3,878,891
3,924,662
3,970,973
4,017,830
4,065,241
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TABLE—BENEFITS SUMMARY—Continued
(VSL=$9.2 million)
AIS level dollar
value
Estimated
reduction in
injuries, monetary
value
Estimated
reduction in
injuries, monetary
value at 50%
effectiveness
Estimated
reduction in
fatalities, monetary value at 50%
effectiveness
Total value of
reductions in injuries and fatalities
9 .............................................................
10 ...........................................................
11 ...........................................................
12 ...........................................................
13 ...........................................................
14 ...........................................................
15 ...........................................................
16 ...........................................................
17 ...........................................................
18 ...........................................................
19 ...........................................................
20 ...........................................................
331,043
334,949
338,902
342,901
346,947
351,041
355,183
359,375
363,615
367,906
372,247
376,640
6,157,402
6,230,059
6,303,574
6,377,956
6,453,216
6,529,364
6,606,410
6,684,366
6,763,242
6,843,048
6,923,796
7,005,497
3,078,701
3,115,030
3,151,787
3,188,978
3,226,608
3,264,682
3,303,205
3,342,183
3,381,621
3,421,524
3,461,898
3,502,748
1,034,510
1,046,717
1,059,068
1,071,565
1,084,210
1,097,003
1,109,948
1,123,045
1,136,297
1,149,706
1,163,272
1,176,999
4,113,211
4,161,747
4,210,855
4,260,543
4,310,818
4,361,685
4,413,153
4,465,228
4,517,918
4,571,230
4,625,170
4,679,747
Total undiscounted .........................
Total PV @7% ................................
Total PV @3% ................................
..............................
..............................
..............................
..............................
..............................
..............................
62,810,558
32,423,683
46,189,262
21,105,698
10,895,055
15,520,585
83,916,257
43,318,737
61,709,847
Rule year
Notes:
Average
Average
Average
Value of
estimated reduction in injuries = 18.6 injuries per year.
estimated reduction in fatalities = 0.20 fatalities per year.
Abbreviated Injury Scale (AIS) level for door injuries = 1.67
a Statistical Life (VSL) = $9.2 million in base year 2013, increased at a rate of 1.18 percent annually, to equal $9.4 million in rule year
1.
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PV = Present Value.
B. Regulatory Flexibility Act and
Executive Order 13272; Certification of
No Significant Economic Impact on a
Substantial Number of Small Entities
The Regulatory Flexibility Act of 1980
(RFA) (5 U.S.C. 601 et seq.) and
Executive Order 13272 (67 FR 53461,
Aug. 16, 2002) require agency review of
proposed and final rules to assess their
impacts on small entities. An agency
must conduct an initial regulatory
flexibility analysis (IRFA) unless it
determines and certifies that a proposed
rule does not have a significant
economic impact on a substantial
number of small entities. When an
agency prepares a final rule, the agency
needs to prepare a final regulatory
flexibility analysis (FRFA), or if a FRFA
is not prepared, the head of the agency
must certify that the final rule will not
have a significant economic impact on
a substantial number of small entities.
See 5 U.S.C. 604(a) and 605(b).
FRA prepared an IRFA at the time the
proposed passenger door rule was
published in the Federal Register. FRA
requested comment on potential small
business impacts of the requirements in
the proposed rule. No small entities
submitted public comments, nor did
anyone submit comments regarding the
costs of the proposed rule on small
entities.
However, stakeholders submitted four
comments about the requirements in the
NPRM. Sensotech, Inc. wanted FRA to
consider Sensotech’s acoustic
technology for a door safety system. In
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response, FRA notes that it leaves the
specific type of technologies used for
door safety systems up to the discretion
of the regulated entities. A regulated
entity can choose the technology that is
most cost-effective for its operations to
comply with the final rule’s
requirements. In its comment, SEPTA
asked for an additional exception from
§ 238.135(b). Section 238.135(b)
generally requires side and trap doors to
remain closed as the train travels
between stations. SEPTA has
operational concerns with this
requirement. Veolia also expressed
concern about the same section of the
rule. Veolia uses a procedure that
requires a conductor to verify a signal
indication at a particular location. In
order to verify the signal indication,
Veolia believes a conductor may have to
open a door while the train is moving.
Veolia asked for clarification about
whether its procedure would violate
§ 238.135(b). For both commenters, FRA
responds that there are exceptions in
§ 238.135(b) for crew observations of a
station platform and for on-ground
functions such as lining switches.
Furthermore, if a railroad does not
qualify for the exceptions in
§ 238.135(b), a railroad may apply for
relief under § 238.135(c). Rather than
create an additional permanent
exception in the final rule, FRA believes
that the process in § 238.135(c) is the
appropriate way to consider exceptions.
Finally, one anonymous person
commented about hours of service
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Fmt 4701
Sfmt 4700
issues in the trucking industry and a
Federal Motor Carrier Safety
Administration proposal. Since the
comment does not apply to this
passenger door safety rulemaking, FRA
is not addressing this comment in this
final rule. The full text of the comments
can be found in the public docket for
this rulemaking on
www.regulations.gov.
FRA made no changes in the final rule
for these public comments but did
revise the regulatory language in a few
sections for clarity. Some clarifications
for particular sections of the rule are
discussed below.
In § 238.135(a) about the crew
participating in daily safety/job
briefings, FRA added language to clarify
that the safety briefing must discuss safe
operation of the doors for situations that
the crew may encounter throughout the
duty dour. For example, if there was
work being done on a station platform
so that a portion of the platform was not
available, the crew would need to
discuss safely operating the doors when
arriving or departing that station. The
regulatory analysis for the proposed rule
assumed that job briefings currently
cover the variety of door-related tasks
that the crew performs, including safe
door operations. Both the proposed and
final rules add emphasis for the crew to
be aware of safe door procedures, which
will reasonably include discussing
situations along their route that could
affect door safety. This briefing could be
combined with existing safety briefings
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at minimal extra cost. No change is
therefore made to the previous cost
estimates in the proposed rule.
Section 238.135(c) was modified to
make it explicit that FRA may request
additional information from a railroad
in support of its request to operate with
the doors open in circumstances other
than those allowed under § 238.135(b).
FRA expects only a few railroads to
make such a request, none of them small
entities. In addition, the regulatory
analysis accompanying the NPRM
already allocated time for a substantive,
well-documented request, minimizing
the effort that would be needed to gather
additional supporting documentation.
Sections 238.137(a) and (b) concern
operation of trains with mixed
equipment, such as cars with different
door safety systems. In the final rule,
FRA is clarifying the language to make
it clear that railroads must not only
adopt such rules, but comply with them.
In the regulatory evaluation for the
proposed rule, the costs for operating
rules for mixed consist trains were
accounted for along with the other
operating rules. Thus, it was assumed
that railroads would both adopt and
comply with such rules. In addition, the
regulatory evaluation could not claim
benefits from the operating rules in
terms of reduced injuries if the
operating rules were not actually used.
The compliance costs result from
training crewmembers in the operating
rules. These costs were already
accounted for in the proposed
regulatory evaluation and no change in
this burden is made in the final
regulatory evaluation.
In discussing changes to the final
regulatory evaluation, the type of
burdens accounted for remain primarily
the same as in the proposed rule
regulatory evaluation. However, after
the proposed regulatory evaluation was
published, DOT issued new guidance
for the value of a statistical life that is
used in estimating benefits. The
guidance also updated the median
growth rate in wages that affects the cost
estimates. The costs and benefits have
been revised in the final regulatory
evaluation to reflect this new guidance.
Also, the start of the period of analysis,
i.e., year 1, has been changed from 2014
to 2015 to reflect the passage of time
since the proposed rule was published.
These changes are explained in the final
regulatory evaluation prepared to
accompany the final rule.
The analysis to support that the final
rule will not have a significant
economic impact on a substantial
number of small entities is presented
after some information about the final
rule to aid discussion.
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1. Reasons for Considering Agency
Action
As background, and as noted in the
IRFA, the primary goal of this
rulemaking is to improve the safety of
passengers and employees on intercity
passenger and commuter trains as they
board and alight through the exterior
side doors of passenger cars. For
convenience, unless otherwise
specified, ‘‘doors’’ in this analysis refers
to the exterior side doors intended and
normally used by passengers for
boarding and alighting from the train.
For most train operations, passengers
use these doors getting on and off the
train without incident. They generally
take for granted that the doors will
function safely. However, there have
been some casualties that have occurred
in the past, some of which had tragic
consequences. These injuries and
fatalities are unintended, harmful
consequences to passengers and
employees that have resulted from
normal train operations.
Most passengers and employees have
an expectation that the train exterior
side doors will function safely when
boarding and alighting from the train.
Therefore, passengers and employees
may not properly assess the potential
safety risks of a door problem because
door incidents are low-frequency, but
potentially high-consequence events.
Passengers and employees may not have
all the necessary information about how
a train’s exterior side doors will operate
in case of a problem. This information
gap affects the passengers’ interaction
with the doors and the employees’
control of the doors. For example,
passengers may assume passenger train
exterior side doors will bounce back
continuously when an obstruction
prevents the doors from closing like
most elevator doors do. However, not all
passenger train cars are equipped with
this safety feature. Additionally,
employees might not know whether the
exterior side doors on a train will open
or close when there has been an
interruption in power. Furthermore, for
trains that use marker light switches to
denote the end of the train, employees
may not know that activating these
switches at a point other than the
physical end of the train will complete
the trainline door circuit at that car.
This situation would effectively leave
the passenger cars after the car with the
marker light switch on without any
exterior side door safety features.
This final rule will improve railroad
safety through regulatory language
establishing new design requirements,
and requirements for operating practices
for the use of exterior side door safety
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76139
systems on passenger cars and
connected locomotives. Specifically,
this final rule incorporates by reference
the standards for powered exterior side
door safety systems on new passenger
cars and connected door safety systems
on new locomotives used in passenger
service, from the APTA Standard PR–
M–S–18–10 (‘‘Standard for Powered
Exterior Side Door System Design for
New Passenger Cars’’), discussed above.
2. Description of Regulated Entities
The ‘‘universe’’ of the entities
considered generally includes only
those small entities that can reasonably
be expected to be directly regulated by
this action. Small railroads that provide
passenger service are the only types of
small entities that may be affected
directly by this final rule.
‘‘Small entity’’ is defined in 5 U.S.C.
601(3) as having the same meaning as
‘‘small business concern’’ under section
3 of the Small Business Act. This
definition includes any small business
concern that is independently owned
and operated, and is not dominant in its
field of operation. Section 601(4)
likewise includes within the definition
of ‘‘small entities’’ not-for-profit
enterprises that are independently
owned and operated, and are not
dominant in their field of operation.
The U.S. Small Business
Administration (SBA) stipulates in its
size standards that the largest a railroad
business firm that is ‘‘for profit’’ may be
and still be classified as a ‘‘small entity’’
is 1,500 employees for ‘‘Line Haul
Operating Railroads’’ and 500
employees for ‘‘Switching and Terminal
Establishments.’’ Additionally, 5 U.S.C.
601(5) defines as ‘‘small entities’’
governments of cities, counties, towns,
townships, villages, school districts, or
special districts with populations less
than 50,000.
Some passenger railroads use
contractors to perform many different
functions on their railroads. For some
passenger railroads, contractors operate
trains and perform other safety-related
functions. The contract operators are
typically large freight railroads, large
transportation companies, or Amtrak (a
Class I railroad), which perform primary
operating and maintenance functions for
the passenger railroads. For the purpose
of assessing this final rule’s impact, the
pertinent contractors are all larger
contractors who perform primary
operating and maintenance functions for
the passenger railroads. Conversely,
smaller contractors perform ancillary
functions to the primary operations. The
large transportation companies that are
contractors are typically substantial
private companies such as Herzog
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Transit Services, Inc., or part of an
international conglomerate such as
Keolis S.A. Group or Veolia
Environnement S.A. These international
conglomerates have substantial
multidisciplinary workforces and can
perform most to all of the operating
functions the passenger railroad
requires.
Federal agencies may adopt their own
size standards for small entities in
consultation with SBA and in
conjunction with public comment.
Under that authority, FRA has
published a final statement of agency
policy that formally establishes ‘‘small
entities’’ or ‘‘small businesses’’ as being
railroads, contractors, and hazardous
materials shippers that meet the revenue
requirements of a Class III railroad as set
forth in 49 CFR 1201.1–1, which is $20
million or less in inflation-adjusted
annual revenues, and commuter
railroads or small governmental
jurisdictions that serve populations of
50,000 or less. See 68 FR 24891, May 9,
2003, codified as appendix C to 49 CFR
part 209. The $20 million limit is based
on the Surface Transportation Board’s
revenue threshold for a Class III
railroad. Railroad revenue is adjusted
for inflation by applying a revenue
deflator formula in accordance with 49
CFR 1201.1–1. FRA is using this
definition for this rulemaking.
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3. Railroads Impacted
All railroads that provide intercity, or
commuter or other short-haul, passenger
train service, as provided in 49 CFR
238.3 (Applicability), will have to
comply with all the provisions in this
final rule. However, the effort to comply
with this final rule is commensurate
with the size of the entity, the number
of trains the entity operates, the number
of employees the railroad employs, and
the railroad’s current operating rules for
the operation of its trains’ exterior side
doors. Tourist, historic, and excursion
railroads are exempt from this final rule.
See 49 CFR 238.3.
For purposes of this analysis, there
are two intercity passenger railroads,
Amtrak and the Alaska Railroad
Corporation. Neither is considered a
small entity. Amtrak is a Class I railroad
and therefore not a small railroad. The
Alaska Railroad is a Class II railroad and
also not considered to be a small
railroad per the definition of small
entity in FRA’s published statement of
agency policy referenced above. The
Alaska Railroad is owned by the State
of Alaska, which has a population well
in excess of 50,000. Therefore, they are
not considered small entities in this
analysis.
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In addition to the above intercity
passenger railroads, there are currently
28 other railroads that provide
passenger train service in the U.S. Most
of these 28 railroads are part of larger
transit organizations that receive
Federal funds and serve major
metropolitan areas with populations
greater than 50,000. Therefore, most of
these are not small entities.
However, two of these 28 railroads are
considered small entities: The Saratoga
& North Creek Railway (SNC), and the
Hawkeye Express, which is operated by
the Iowa Northern Railway Company
(IANR). In 2011, Hawkeye Express
transported approximately 5,000
passengers per game over a 7-mile
round-trip distance to and from
University of Iowa (University) football
games. IANR owns and operates the six
bi-level passenger cars used for this
small passenger operation which runs
on average only seven days over a
calendar year. IANR has approximately
100 employees and is primarily a freight
operation totaling 184,385 freight train
miles in 2010. The Hawkeye Express
service has a contractual arrangement
with the University, a State of Iowa
institution located in Iowa City, Iowa.
The population of Iowa City is
approximately 69,000. The SNC began
operation in the summer of 2011 and
currently provides intermittent
passenger train service over a 57-mile
line between Saratoga Springs and
North Creek, New York, making seven
station stops in between. The SNC is a
Class III railroad (i.e., below the $20
million revenue threshold) and a
limited liability company wholly owned
by San Luis & Rio Grande Railroad
(SLRG). SLRG is a Class III railroad and
a subsidiary of Permian Basin Railways,
Inc. (Permian). Permian is in turn
owned by Iowa Pacific Holdings, LLC
(IPH). The SNC primarily transports
passengers to Saratoga Springs, tourists
seeking to sightsee along the Hudson
River, and travelers connecting to and
from Amtrak service. It also operates
special events trains. The SNC is
involved with the operation of
passenger trains year round using
conventional locomotives in the lead,
typically pulling consists of passenger
coaches and other cars such as baggage
cars and dining cars. The SNC has about
37 total employees, including about 7
engineers and conductors that are
responsible for safe door operations
under this final rule.
Substantial Number of Small Entities
There are two railroads that are
considered small entities for purposes of
this analysis and together they comprise
about 7 percent of the railroads
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impacted directly by this regulation.
Thus, 7 percent of the impacted
railroads could be considered to be a
substantial number of small entities.
However, these two small entities
represent a much smaller portion of the
total railroad industry impacted by this
final rule. This is because of the small
number of trains operated annually, or
the small number of employees
employed by these two railroads, or
both.
No Significant Economic Impact
Some passenger railroads have
voluntarily been in compliance with the
requirements in this final rule for some
time. FRA expects that most of the skills
necessary to comply with the final rule
are possessed by operating crew
employees and recordkeeping and
reporting personnel. For the affected
small entities, the additional burden of
the requirements is marginal. The
nature of the operations of these two
small entities indicates lower over-all
costs to these railroads. The Hawkeye
Express has a very limited operation in
the number of days the railroad
operates, the low number of cars (6 bilevel cars), and the total trips made by
its trains. As a result, the costs for
almost all of the final rule’s burdens on
the Hawkeye Express are low.5 The SNC
operates more trains and for more days
than the Hawkeye Express, but has a
low number of cars and limited number
of trips. This type of operation will keep
the costs from the final rule’s
requirements low. And, as discussed
further below, the requirements
applicable to purchasing new cars and
locomotives do not have any impact on
these two small entities because they do
not purchase or order new passenger
cars or passenger locomotives.
There are reporting, recordkeeping,
and compliance burdens associated
with this regulation. FRA estimates that
the total cost of the final rule for the
railroad industry over a 20-year period
will be $15.2 million (undiscounted)—
$8.3 million (discounted at 7 percent),
or $11.5 million (discounted at 3
percent). Based on information
currently available, FRA estimates that
1 percent or less of the total railroad
costs associated with implementing the
final rule will be borne by small entities.
FRA estimates that the approximate
total cost for small railroads for the 20year period could range between
$75,000 and $151,000 (undiscounted)
depending on discount rates and the
5 In addition, the Hawkeye Express provides
service under contract to a State institution (i.e., the
University). It may be able to pass some or all of
the compliance cost on to that institution.
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extent of costs relative to larger
railroads. FRA estimates impacts on
these two railroads annually could
range on average between $950 and
$1900 to comply with the final rule. The
cost to these two small entities will be
considerably less on average than that of
the other 28 railroads. FRA reasonably
believes this will not be a significant
economic burden. For a thorough
presentation of cost estimates please
refer to the regulatory evaluation, which
is in the docket for this rulemaking.
Turning now to the economic impacts
of specific provisions of the final rule,
the regulatory evaluation estimates that
the requirements in § 238.133(a)
(crewmember door by-pass verification)
are the largest cost for railroads,
accounting for about two-thirds of total
discounted costs. Section 238.133(a)
requires verifying that the by-pass
devices to override the door safety
features are sealed in the normal, nonby-pass mode. The related provision in
§ 238.133(b) requires by-pass devices
that are found unsealed to be reported
and has conditions for replacing the
seal; it accounts for about 3 percent of
costs. However, neither the Hawkeye
Express nor SNC operates trains that use
by-pass devices, and would therefore
have no costs associated with this
requirement.
The second most costly provision,
accounting for about 16 percent of costs,
is § 238.131, which implements door
safety standards for new passenger cars
and connected locomotives, including
the industry APTA Standard. These
requirements also do not impact these
two small entities because they do not
purchase or order new passenger cars or
passenger locomotives. In fact, Hawkeye
Express’ operator owns the cars and
locomotives. Due to the limited
operations of both entities, and other
factors, it is unlikely that these entities
will purchase new passenger cars
anytime in the near future. In addition,
for all railroads, § 238.131 applies to
new rail passenger cars and connected
locomotives used in passenger service
that are ordered on or after 120 days
after the date this rule is published in
the Federal Register, or placed into
service for the first time on or after 790
days after the date the rule is published
in the Federal Register. This time
period gives the railroads sufficient time
to reach compliance.
For § 238.135, the costs will vary for
these two entities. For paragraph (b) of
§ 238.135, which generally requires
exterior side doors and trap doors to be
closed when the train is moving
between stations, FRA does not
anticipate any cost to these small
entities because both railroads currently
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operate with their trains’ exterior side
doors closed between train stations.
Paragraphs (d) and (f) of § 238.135 are
focused on the railroads having
sufficient operating rules to ensure the
safe operation of their trains’ exterior
side passenger doors. Paragraph (e)
requires the passenger train
crewmembers to be trained on the
requirements of the section (i.e.,
§ 238.135), and paragraph (g) requires
corresponding operational testing to
demonstrate the crewmembers’ and
control center personnel’s knowledge of
the door operating rules. Likewise,
paragraphs (a) and (b) of § 238.137
require railroads to adopt and comply
with operating rules to provide for the
safe use of equipment with
incompatible exterior side door systems
when utilized in a mixed consist. For
most railroads some of these
requirements will be new burdens with
associated costs. Railroads will have to
review their existing operating rules and
training plans. However, crewmembers
responsible for door operations (i.e., the
engineer and conductor) would have
received some training on door
operations as part of their professional
training and certification programs.
Moreover, § 238.137 would not apply to
most railroads because most railroads
do not operate mixed consists.6 Thus,
the economic burdens for § 238.135(b)
through (g), as well as § 238.137(a) and
(b), depend on whether the railroads’
current operating rules already include
the door operation requirements in the
final rule and whether they operate
mixed consists.
The door safety features and their
associated operating rules in the final
rule are not new or novel procedures,
but currently exist. All larger-volume
passenger service railroads have some
door operating rules; the smaller
railroads may have less extensive door
operating rules corresponding to the
fewer types of equipment they run. In
addition, for § 238.135(d) through (g),
and § 238.137(b), FRA is giving railroads
1,095 days (3 years) after the date of
publication of the final rule in the
Federal Register to comply (or begin to
comply, for § 238.135(g)). Lastly, the
cost of all these requirements for small
business entities is estimated to be less
than two percent of the total cost of the
final rule.
Market and Competition Considerations.
The railroad industry has several
significant barriers to entry, such as the
need to own or otherwise obtain access
to rights-of-way and the high capital
6 For example, FRA observed that MARC and
MBTA operated mixed consists.
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76141
expenditure needed to purchase a fleet,
as well as track and equipment.
Furthermore, the two railroads under
consideration only compete with
individual automobile traffic and serve
to reduce congestion on roadways. One
of the two entities, Hawkeye Express,
transports passengers to a stadium from
distant parking lots. The SNC provides
passenger train service to tourist and
other destinations between Sarasota
Springs and North Creek, New York.
FRA is not aware of any bus service that
currently exists that competes with
either of these railroads. Thus, while
this final rule will have an economic
impact on all passenger railroads, it will
not have an impact on the competitive
position of small railroads.
4. Certification
Pursuant to the RFA, FRA prepared
and made available for public comment
an initial regulatory flexibility analysis
describing the impacts of the proposed
rule on small entities (5 U.S.C. 603(a)).
FRA did not receive any comments from
small entities or comments regarding
the economic impact on small entities.
FRA does not expect the final rule to
have a significant economic impact on
a substantial number of small entities.
Therefore, in lieu of preparing a final
regulatory flexibility analysis, FRA will
certify the final rule per section 605 of
the RFA.
This final rule directly affects all
railroads that provide intercity, or
commuter or short-haul, passenger train
service, of which there are currently 30
for purposes of this analysis (two
intercity passenger railroads and 28
other railroads that provide passenger
train service). FRA estimates that two of
these railroads, or about 7 percent, are
small entities. Therefore, this final rule
will have an impact on a substantial
number of small entities. FRA notes that
these entities operate a small number of
trains annually and employ a small
number of crewmembers responsible for
safe exterior side door operations.
However, FRA has determined that
the economic impact on entities affected
by the final rule will not be significant.
The impact of the most burdensome
requirement, to verify that by-pass
devices are in the normal position and
sealed, does not affect these entities
because they do not run trains that use
by-pass devices. The second most
burdensome provision, requiring certain
door safety features on new passenger
cars and connected locomotives used in
passenger service, will also not affect
these entities as they are not expected
to order new passenger equipment. In
addition, the final rule allows additional
time to meet these requirements. The
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other requirements of the final rule are
about adopting and complying with safe
door operating rules, and training
crewmembers on these door operating
rules. The impact of these operating
rules will depend on the nature of a
railroad’s passenger operations. The two
small entities have limited numbers of
employees and train operations per year
to which this rule will apply. Also, the
final rule provides flexibility in meeting
these requirements by giving railroads
up to three years after the publication of
the final rule to adopt and comply with
these operating rules and training
requirements. Therefore, FRA believes
that the economic impact of these
operating rules and training
requirements will be minimal.
Accordingly, the Administrator of the
FRA hereby certifies that this final rule
will not have a significant economic
impact on a substantial number of small
entities.
C. Paperwork Reduction Act
FRA is submitting the information
collection requirements in this final rule
for review and approval to the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The sections
that contain the new information and
current information collection
requirements and the estimated time to
fulfill each requirement are as follows:
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CFR Section
Respondent universe
Total annual
responses
Average time per
response
229.47—Emergency brake valve—Marking
brake pipe valve as such.
—DMU, MU, control cab locomotives—
Marking emergency brake valve as
such.
238.7—Waivers ..............................................
238.15—Movement of passenger equipment
with power brake defect.
—Movement of passenger equipment—
Defective en route.
—Conditional requirement—Notifications
238.17—Limitations on movement of passenger equipment—Defects found at calendar day insp. & on movement of passenger equipment—Develops defects en
route.
—Special requisites—Movement—Passenger equip.—Saf. appl. defect.
—Crew member notifications ..................
238.21—Petitions for special approval of alternative standards.
—Petitions for special approval of alternative compliance.
—Petitions for special approval of prerevenue service acceptance testing
plan.
—Comments on petitions .......................
238.103—Fire safety:
—Procuring new pass. equipment—Fire
safety analysis.
—Existing equipment—Final fire safety
analysis.
—Transferring existing equipment—Revised fire safety analysis.
238.107—Inspection/testing/maintenance
plans—Review by railroads.
238.109—Employee/contractor
training—
Training employees—Mechanical inspection.
—Recordkeeping—Employee/Contractor
Current Qualifications.
238.111—Pre-revenue service acceptance
testing plan: Passenger equipment that
has previously been used in service in the
U.S.
—Passenger equipment that has not
been previously used in revenue service in the U.S.
—Subsequent equipment orders ............
30 railroads ................
30 markings ...............
1 minute .....................
1 hour.
30 railroads ................
5 markings .................
1 minute .....................
.08 hour.
30 railroads ................
30 railroads ................
5 waivers ....................
1,000 tags ..................
2 hours .......................
3 minutes ...................
10 hours.
50 hours.
30 railroads ................
288 tags .....................
3 minutes ...................
14 hours.
30 railroads ................
30 railroads ................
144 notices ................
200 tags .....................
3 minutes ...................
3 minutes ...................
7 hours.
10 hours.
30 railroads ................
76 tags .......................
3 minutes ...................
4 hours.
30 railroads ................
30 railroads ................
38 radio notifications ..
1 petition ....................
30 seconds ................
16 hours .....................
.32 hour.
16 hours.
30 railroads ................
1 petition ....................
120 hours ...................
120 hours.
30 railroads ................
10 petitions ................
40 hours .....................
400 hours.
Public/RR Industry .....
4 comments ...............
1 hour .........................
4 hours.
2 new railroads ..........
2 analyses ..................
150 hours ...................
300 hours.
30 railroads ................
1 analysis ...................
40 hours .....................
40 hours.
30 railroads/APTA ......
3 analyses ..................
20 hours .....................
60 hours.
30 railroads ................
12 reviews ..................
60 hours .....................
720 hours.
7,500 employees/100
trainers.
2,500 empl./100 trainers.
1.33 hours ..................
3,458 hours.
30 railroads ................
2,500 records .............
3 minutes ...................
125 hours.
9 equipment manufacturers.
2 plans .......................
16 hours .....................
32 hours.
9 equipment manufacturers.
2 plans .......................
192 hours ...................
384 hours.
9 equipment manufacturers.
6 equipment manufacturers.
2 plans .......................
60 hours .....................
120 hours.
3 FMECAs .................
4 hours .......................
12 hours.
28 railroads ................
30 plans .....................
4 hours .......................
120 hours.
238.131—New passenger equipment w/exterior side doors—FMECA analysis for door
safety system (New Requirement).
238.133—Exterior side door safety systems—Functional test plan (New Requirement).
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CFR Section
Respondent universe
Total annual
responses
Average time per
response
—Unsealed door bypass device—Crewmember notification to designated authority of unsealed door by-pass device.
—Train crew safety briefing after activation of door by-pass device.
—Train crew notification to designated
authority.
—Qualified person (QP) or qualified mechanical person (QMP) determination
that repairs cannot be made and that
it is safe to move equipment.
—QP or QMP notification to train crew
member in charge of train movement
that door by-pass device has been activated.
—Train crew safety briefing—regarding
their position on train.
—Record of door by-pass activation ......
—Record of unintended door opening ...
—Record of unsealed door by-pass devices as part of calendar day inspection.
238.135—Operating practices for exterior
side door safety systems (New Requirements)—RR request for special approval
from FRA to operate passenger train w/exterior side doors or trap doors, or both,
open.
—FRA request to passenger RR for additional information regarding RR special request for approval.
—RR written operating rule on how to
safely override a door summary circuit
or no-motion system, or both.
—Copy of RR written operating rules to
employees.
—RR employee training in this section’s
requirements and how to identify/isolate malfunctioning exterior powered
or manual side door.
—Training of new RR employees ...........
—Operational/efficiency tests of RR operating crewmembers and control center employees.
—RR operating rule requiring train crewmembers to determine status of their
train’s exterior side doors.
238.137—RR operating rule to provide for
the safe use of equipment with incompatible exterior side door systems when used
in a mixed consist (New Requirement).
238.213—Corner posts—Plan to meet section’s corner post requirements for cab car
or MU locomotives.
238.229—Safety appliances:
—Welded safety appliances considered
defective: Lists.
—Lists identifying equip. w/welded safety appliances.
—Defective welded safety appliances—
tags.
—Notification to crewmembers about
non-compliant equipment.
—Inspection plans ..................................
—Inspection personnel—training ............
—Remedial action: Defect/crack in
weld—record.
—Petitions for special approval of alternative compliance—impractical equipment design.
28 railroads ................
9,994 notifications ......
30 seconds ................
84 hours.
28 railroads ................
300 briefings ..............
2 minutes ...................
10 hours.
28 railroads ................
300 notices ................
30 seconds ................
3 hours.
28 railroads ................
300 decisions\consults
5 minutes ...................
25 hours.
28 railroads ................
300 notices ................
30 seconds ................
3 hours.
28 railroads ................
300 briefings ..............
10 minutes .................
50 hours.
28 railroads ................
28 railroads ................
28 railroads ................
300 records ................
20 records ..................
20 records ..................
2 minutes ...................
2 hours .......................
4 hours .......................
10 hours.
40 hours.
80 hours.
28 railroads ................
2 requests ..................
25 hours .....................
50 hours.
28 railroads ................
1 document ................
12 hours .....................
12 hours.
28 railroads ................
10 operating rules ......
42 hours .....................
420 hours.
28 railroads ................
10,000 copies ............
1 minute .....................
167 hours.
28 railroads ................
3,383 tr. employees ...
30 minutes .................
1,692 hours.
5 new railroads ..........
28 railroads ................
150 workers ...............
3,383 tests .................
30 minutes .................
2 minutes ...................
75 hours.
113 hours.
28 railroads ................
Included above under
section 238.135(d).
Included above under
sec. 238.135(d).
Included above under
sec. 238.135(d).
10 railroads ................
Included above under
section 238.135(d).
Included above under
section 238.135(d).
Included above under
section 238.135(d).
30 railroads ................
10 plans .....................
40 hours .....................
400 hours.
30 railroads ................
30 lists ........................
1 hour .........................
30 hours.
30 railroads ................
30 lists ........................
1 hour .........................
30 hours.
30 railroads ................
4 tags .........................
3 minutes ...................
.20 hr.
30 railroads ................
2 notices ....................
1 minute .....................
.0333 hr.
30 railroads ................
30 railroads ................
30 railroads ................
30 plans .....................
60 workers .................
1 record ......................
16 hours .....................
4 hours .......................
2.25 hours ..................
480 hours.
240 hours.
2 hours.
30 railroads ................
15 petitions ................
4 hours .......................
60 hours.
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CFR Section
Respondent universe
Total annual
responses
Average time per
response
—Records of inspection/repair of welded
safety appliance brackets/supports/
training.
238.230—Safety appliances—New equipment—Inspection record of welded equipment by qualified employee.
—Welded safety appliances: Documentation for equipment impractically
designed to mechanically fasten safety appliance support.
238.231—Brake system—Inspection and repair of hand/parking brake: Records.
—Procedures verifying hold of hand/
parking brakes.
238.237—Automated monitoring:
—Documentation for alerter/deadman
control timing.
—Defective alerter/deadman control:
Tagging.
238.303—Exterior calendar day mechanical
inspection of passenger equipment: Notice
of previous inspection.
—Dynamic brakes not in operating
mode: Tag.
—Conventional locomotives equipped
with inoperative dynamic brakes: Tagging.
—MU passenger equipment found with
inoperative/ineffective air compressors
at exterior calendar day inspection:
Documents.
—Written notice to train crew about inoperative/ineffective air compressors.
—Records of inoperative air compressors.
—Record of exterior calendar day mechanical inspection.
238.305—Interior calendar day mechanical
inspection of passenger cars—Tagging of
defective end/side doors.
—Records of interior calendar day inspection.
238.307—Periodic mechanical inspection of
passenger cars and unpowered vehicles—
Alternative inspection intervals: Notifications.
—Notice of seats/seat attachments broken or loose.
—Records of each periodic mechanical
inspection.
—Detailed documentation of reliability
assessments as basis for alternative
inspection interval.
238.311—Single car test—Tagging to indicate need for single car test.
238.313—Class I brake test—Record for additional inspection for passenger equipment that does not comply with
§ 238.231(b)(1).
238.315—Class IA brake test:
—Notice to train crew that test has been
performed (verbal notice).
—Communicating signal tested and operating.
238.317—Class II brake test—Communicating signal tested and operating.
238.321—Out-of-service credit—Passenger
car: Out-of-use notation.
238.445—Automated monitoring:
—Performance monitoring: Alerters/
alarms.
—Monitoring system: Self-test feature:
Notifications.
30 railroads ................
3,060 records .............
12 minutes .................
612 hours.
30 railroads ................
100 records ................
6 minutes ...................
10 hours.
30 railroads ................
15 document ..............
4 hours .......................
60 hours.
30 railroads ................
2,500 forms ................
21 minutes .................
875 hours.
30 railroads ................
30 procedures ............
2 hours .......................
60 hours.
30 railroads ................
3 documents ..............
2 hours .......................
6 hours.
30 railroads ................
25 tags .......................
3 minutes ...................
1 hour.
30 railroads ................
25 notices ..................
1 minute .....................
1 hour.
30 railroads ................
50 tags .......................
3 minutes ...................
3 hours.
30 railroads ................
50 tags .......................
3 minutes ...................
3 hours.
30 railroads ................
4 documents ..............
2 hours .......................
8 hours.
30 railroads ................
100 notices ................
3 minutes ...................
5 hours.
30 railroads ................
100 records ................
2 minutes ...................
3 hours.
30 railroads ................
1,959,620 records ......
10 minutes + 1 minute
359,264 hours.
30 railroads ................
540 tags .....................
1 minute .....................
9 hours.
30 railroads ................
1,968,980 records ......
5 minutes + 1 minute
196,898 hours.
30 railroads ................
2 notices/notifications
5 hours .......................
10 hours.
30 railroads ................
200 notices ................
2 minutes ...................
7 hours.
30 railroads ................
19,284 records ...........
200 hours/2 minutes ..
3,857,443 hours.
30 railroads ................
5 documents ..............
100 hours ...................
500 hours.
30 railroads ................
50 tags .......................
3 minutes ...................
3 hours.
30 railroads ................
15,600 records ...........
30 minutes .................
7,800 hours.
30 railroads ................
18,250 notices ...........
5 seconds ..................
25 hours.
30 railroads ................
365,000 tests .............
15 seconds ................
1,521 hours.
30 railroads ................
365,000 tests .............
15 seconds ................
1,521 hours.
30 railroads ................
1,250 notes ................
2 minutes ...................
42 hours.
1 railroad ....................
10,000 alerts ..............
10 seconds ................
28 hours.
1 railroad ....................
21,900 notices ...........
20 seconds ................
122 hours.
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
CFR Section
Respondent universe
Total annual
responses
Average time per
response
238.503—Inspection, testing, and maintenance requirements—Plans.
238.505—Program approval procedures—
Submission of program/plans and comments on programs.
1 railroad ....................
1 plan .........................
1,200 hours ................
1,200 hours.
Rail Industry ...............
3 comments ...............
3 hours .......................
9 hours.
All estimates include the time for
reviewing instructions; searching
existing data sources; gathering or
maintaining the needed data; and
reviewing the information. For
information or a copy of the paperwork
package submitted to OMB, contact Mr.
Robert Brogan, Information Clearance
Officer, Office of Railroad Safety, FRA,
at 202–493–6292, or Ms. Kimberly
Toone, Records Management Officer,
Office of Information Technology, FRA,
at 202–493–6132, or via email at the
following addresses: Robert.Brogan@
dot.gov; Kim.Toone@dot.gov.
Organizations and individuals
desiring to submit comments on the
collection of information requirements
should send them directly to the Office
of Management and Budget, Office of
Information and Regulatory Affairs,
Washington, DC 20503, Attention: FRA
Desk Officer. Comments may also be
sent via email to the Office of
Management and Budget at the
following address: oira_submissions@
omb.eop.gov.
OMB is required to make a decision
concerning the collection of information
requirements contained in this final rule
between 30 and 60 days after
publication of this document in the
Federal Register. Therefore, a comment
to OMB is best assured of having its full
effect if OMB receives it within 30 days
of publication.
FRA cannot impose a penalty on
persons for violating information
collection requirements which do not
display a current OMB control number,
if required. FRA intends to obtain
current OMB control numbers for new
information collection requirements
resulting from this rulemaking action
prior to the effective date of this final
rule. The OMB control number, when
assigned, will be announced by separate
notice in the Federal Register.
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76145
D. Federalism Implications
Executive Order 13132, ‘‘Federalism’’
(64 FR 43255, Aug. 10, 1999), requires
FRA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ are
defined in the Executive Order to
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18:57 Dec 04, 2015
Jkt 238001
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ Under Executive
Order 13132, an agency may not issue
a regulation with federalism
implications that imposes substantial
direct compliance costs and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or the agency consults
with State and local government
officials early in the process of
developing the regulation. Where a
regulation has federalism implications
and preempts State law, the agency
seeks to consult with State and local
officials in the process of developing the
regulation.
FRA has analyzed this final rule
under the principles and criteria in
Executive Order 13132. This final rule
will not have a substantial effect on
States or their political subdivisions,
and it will not affect the relationships
between the Federal government and
States or their political subdivisions, or
the distribution of power and
responsibilities among the various
levels of government. In addition, FRA
determined this regulatory action will
not impose substantial direct
compliance costs on States or their
political subdivisions. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
However, this final rule could have
preemptive effect by operation of law
under certain provisions of the Federal
railroad safety statutes, specifically the
former Federal Railroad Safety Act of
1970, repealed and recodified at 49
U.S.C. 20106, and the former
Locomotive Boiler Inspection Act (LIA)
at 45 U.S.C. 22–34, repealed and recodified at 49 U.S.C. 20701–20703.
Section 20106 provides that States may
not adopt or continue in effect any law,
regulation, or order related to railroad
safety or security that covers the subject
matter of a regulation prescribed or
order issued by the Secretary of
Transportation (with respect to railroad
safety matters) or the Secretary of
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Total annual burden
hours
Homeland Security (with respect to
railroad security matters), except when
the State law, regulation, or order
qualifies under the ‘‘essentially local
safety or security hazard’’ exception to
section 20106. Moreover, the Supreme
Court has interpreted the former LIA to
preempt the field of locomotive safety.
See Napier v. Atlantic Coast Line R.R.,
272 U.S. 605 (1926).
E. International Trade Impact
Assessment
The Trade Agreements Act of 1979
(Pub. L. 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 its requirements are
consistent with the Trade Agreements
Act. The requirements are safety
standards, which, as noted, are not
considered unnecessary obstacles to
trade. Moreover, FRA has sought, to the
extent practicable, to state the
requirements in terms of the
performance desired, rather than in
more narrow terms restricted to a
particular design or system.
F. Environmental Impact
FRA has evaluated this final rule
under the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et
seq.), other environmental statutes,
related regulatory requirements, and its
‘‘Procedures for Considering
Environmental Impacts’’ (FRA’s
Procedures) (64 FR 28545, May 26,
1999). FRA has determined this final
rule is categorically excluded from
detailed environmental review under
section 4(c)(20) of FRA’s NEPA
Procedures, ‘‘Promulgation of railroad
safety rules and policy statements that
do not result in significantly increased
emissions of air or water pollutants or
noise or increased traffic congestion in
any mode of transportation.’’ See 64 FR
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
28547, May 26, 1999. Categorical
exclusions (CEs) are actions identified
in an agency’s NEPA implementing
procedures that do not normally have a
significant impact on the environment
and therefore do not require either an
environmental assessment (EA) or
environmental impact statement (EIS).
See 40 CFR 1508.4.
In analyzing the applicability of a CE,
the agency must also consider whether
extraordinary circumstances are present
that would warrant a more detailed
environmental review through the
preparation of an EA or EIS. Id. Under
section 4(c) and (e) of FRA’s Procedures,
FRA has further concluded that no
extraordinary circumstances exist with
respect to this regulation that might
trigger the need for a more detailed
environmental review. The purpose of
this rulemaking is to develop and install
safer door operating mechanisms and
procedures including testing and
notification requirements. FRA does not
anticipate any environmental impacts
from these requirements and finds that
there are no extraordinary
circumstances present in connection
with this final rule.
mstockstill on DSK4VPTVN1PROD with RULES2
G. Executive Order 12898
(Environmental Justice)
Executive Order 12898, Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, and DOT
Order 5610.2(a) (91 FR 27534, May 10,
2012) require DOT agencies to achieve
environmental justice as part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects, including
interrelated social and economic effects,
of their programs, policies, and
activities on minority populations and
low-income populations. The DOT
Order instructs DOT agencies to address
compliance with Executive Order 12898
and requirements within the DOT Order
in rulemaking activities, as appropriate.
FRA has evaluated this final rule under
Executive Order 12898 and the DOT
Order and determined it will not cause
disproportionately high and adverse
human health and environmental effects
on minority populations or low-income
populations.
H. Executive Order 13175 (Tribal
Consultation)
FRA has evaluated this final rule
under the principles and criteria
contained in Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments, dated
November 6, 2000. This final rule will
not have a substantial direct effect on
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18:57 Dec 04, 2015
Jkt 238001
one or more Indian tribes, will not
impose substantial direct compliance
costs on Indian tribal governments, and
will not preempt tribal laws. Therefore,
the funding and consultation
requirements of Executive Order 13175
do not apply, and a tribal summary
impact statement is not required.
I. Unfunded Mandates Reform Act of
1995
Under 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) 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 on State, local, and
tribal governments and the private
sector. When adjusted for inflation
using the Consumer Price Index for All
Urban Consumers as published by the
Bureau of Labor Statistics, the
equivalent value of $100,000,000 in year
2014 dollars is $155,000,000.7 This final
rule will not result in the expenditure,
in the aggregate, of $155,000,000 or
more in any one year, and thus
preparation of such a statement is not
required.
J. Energy Impact
Executive Order 13211 requires
Federal agencies to prepare a Statement
of Energy Effects for any ‘‘significant
energy action.’’ See 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,
7 See DOT guidance ‘‘2015 Threshold of
Significant Regulatory Actions Under the Unfunded
Mandates Reform Act of 1995,’’ May 6, 2015
(update), available electronically at https://
www.transportation.gov/office-policy/
transportation-policy/2015-threshold-significantregulatory-actions-under-unfunded.
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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 final rule
under Executive Order 13211. FRA
determined this final rule 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 the Executive Order.
K. Privacy Act
Consistent with 5 U.S.C. 553(c), DOT
solicits comments from the public to
better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
L. Analysis Under 1 CFR Part 51
As required by 1 CFR 51.5, FRA has
summarized the standard incorporated
by reference and shown its reasonable
availability in the section-by-section
analysis of this rulemaking document.
List of Subjects in 49 CFR Part 238
Incorporation by reference, Passenger
equipment, Railroad safety, Reporting
and recordkeeping requirements.
The Rule
For the reasons discussed in the
preamble, FRA amends 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 1.89.
Subpart A—General
2. Section 238.5 is amended by adding
in alphabetical order definitions of ‘‘Bypass’’, ‘‘Door isolation lock’’, ‘‘Door
summary circuit’’, ‘‘End-of-train
circuit’’, ‘‘Exterior side door safety
system’’, ‘‘No-motion system’’, and
‘‘Trainline door circuit’’ to read as
follows:
■
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
§ 238.5
Definitions.
*
*
*
*
*
By-pass means a device designed to
override a function.
*
*
*
*
*
Door isolation lock means a cutout/
lockout mechanism installed at each
exterior side door panel to secure a door
in the closed and latched position,
provide a door-closed indication to the
summary circuit, and remove power
from the door motor or door motor
controls.
Door summary circuit means a
trainline door circuit that provides an
indication to the controlling cab of the
train that all exterior side doors are
closed as intended, or locked out with
a door isolation lock, or both.
*
*
*
*
*
End-of-train circuit means a feature
typically used to determine the physical
end of the train, or the last passenger car
in the train, or both, for the door
summary circuit.
*
*
*
*
*
Exterior side door safety system
means a system of safety features that
enable the safe operation of the exterior
side doors of a passenger car or train.
The exterior side door safety system
includes appurtenances and
components that control, operate, and
display the status of the exterior side
doors, and is interlocked with the train’s
traction power control.
*
*
*
*
*
No-motion system means a system on
a train that detects the motion of the
train.
*
*
*
*
*
Trainline door circuit means a circuit
used to convey door signals over the
length of a train.
*
*
*
*
*
Subpart B—Safety Planning and
General Requirements
3. Section 238.131 is added to subpart
B to read as follows:
■
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§ 238.131 Exterior side door safety
systems—new passenger cars and
locomotives used in passenger service.
(a) Safety systems for powered
exterior side doors. All powered exterior
side door safety systems in passenger
cars, and connected door safety systems
in locomotives used in passenger
service, that are ordered on or after
April 5, 2016, or placed in service for
the first time on or after February 5,
2018, shall:
(1) Be built in accordance with APTA
standard PR–M–S–18–10, ‘‘Standard for
Powered Exterior Side Door System
Design for New Passenger Cars,’’
VerDate Sep<11>2014
18:57 Dec 04, 2015
Jkt 238001
approved February 11, 2011. In
particular, locomotives used in
passenger service shall be connected or
interlocked with the door summary
circuit to prohibit the train from
developing tractive power if an exterior
side door in a passenger car is not
closed, unless the door is under the
direct physical control of a crewmember
for his or her exclusive use. The
incorporation by reference of this APTA
standard was approved by the Director
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
You may obtain a copy of the
incorporated document from the
American Public Transportation
Association, 1666 K Street NW., Suite
1100, Washington, DC 20006 (telephone
202–496–4800; www.apta.com). You
may inspect a copy of the document at
the Federal Railroad Administration,
Docket Clerk, 1200 New Jersey Avenue
SE., Washington, DC or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html;
(2) Be designed based on a Failure
Modes, Effects, Criticality Analysis
(FMECA);
(3) Contain an obstruction detection
system sufficient to detect and react to
both small and large obstructions and
allow the obstruction to be released
when detected;
(4) Be designed so that activation of
a door by-pass feature does not affect
the operation of the obstruction
detection system;
(5) Require a door control panel key
or other secure device to activate a door
control panel;
(6) Not be operated from a door
control panel when the door control
panel key or other secure device is
removed; and
(7) Not be affected by the movement
or position of the locomotive throttle. A
train’s throttle position shall neither
open nor close the exterior side doors
on the train.
(b) Safety system for manual and
powered exterior side doors. All manual
and powered exterior side door systems
in passenger cars, and connected door
safety systems in locomotives used in
passenger service, that are ordered on or
after April 5, 2016, or placed in service
for the first time on or after February 5,
2018 shall be:
(1) Designed with a door summary
circuit and so connected or interlocked
as to prohibit the train from developing
tractive power if an exterior side door in
a passenger car is not closed, unless the
PO 00000
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76147
door is under the direct physical control
of a crewmember for his or her
exclusive use;
(2) Connected to interior and exterior
side door status indicators;
(3) Connected to a door summary
status indicator that is readily viewable
to the engineer from his or her normal
position in the operating cab; and
(4) If equipped with a door by-pass
device, designed so that the by-pass
device functions only when activated
from the operating cab of the train.
(c) Additional requirements. In
addition to the requirements of this
section, requirements related to exterior
side door safety on passenger trains are
provided in §§ 238.112, 238.133,
238.135, 238.137, and 238.439.
■ 4. Section 238.133 is added to subpart
B to read as follows:
§ 238.133 Exterior side door safety
systems—all passenger cars and
locomotives used in a passenger service.
(a) By-pass device verification—(1)
Visual inspection. Except as provided in
paragraphs (a)(2) and (3) of this section,
a member of the crew of each passenger
train must verify by observation that all
door by-pass devices that can affect the
safe operation of the train are sealed in
the normal (non-by-pass) position when
taking control of the train.
(2) Functional test. Instead of a visual
inspection of the door by-pass devices,
the railroad may develop a plan to
perform a functional test to determine
that the door summary status indicator
is functioning as intended. The
functional test plan shall be made
available for inspection by FRA.
(3) Face-to-face relief. Crewmembers
taking control of a train do not need to
perform either a visual inspection or a
functional test of the door by-pass
devices in cases of face-to-face relief of
another train crew and notification by
that crew as to the functioning of the
door by-pass devices.
(b) Unsealed door by-pass device. A
crewmember must notify the railroad’s
designated authority pursuant to the
railroad’s defect reporting system if a
door by-pass device that could affect the
safe operation of the train is found
unsealed during the train’s daily
operation. If the train crew can test the
door safety system and determine that
the door summary status indicator is
functioning as intended, the train may
travel in service until the next forward
repair point where a seal can be applied
by a qualified maintenance person
(QMP) or until its next calendar day
inspection, whichever occurs first; if
not, the train crew must follow the
procedures outlined in paragraph (c) of
this section.
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
(c) En route failure. If it becomes
necessary to activate a door by-pass
device, the train may continue to its
destination terminal, provided that the
train crew conducts a safety briefing
that includes a description of the
location(s) where crewmembers will
position themselves on the train in
order to observe the boarding and
alighting of passengers, notifies the
railroad’s designated authority that the
train’s door by-pass device has been
activated, and adheres to the operating
rules required by § 238.135. After the
train has reached its destination
terminal, the train may continue in
passenger service until its arrival at the
next forward repair point or its next
calendar day inspection, whichever
occurs first, provided that prior to
movement of equipment with a door bypass device activated:
(1) An on-site QMP shall determine
that repairs cannot be made at the time
and it is safe to move the equipment in
passenger service. If a QMP is not
available on site, these determinations
may be made based upon a description
of the condition provided by an on-site
qualified person (QP) to a QMP offsite;
and
(2) The QP or QMP shall notify the
crewmember in charge of the movement
of the train that the door by-pass device
has been activated. The train crew must
then hold a safety briefing that includes
information such as the locations where
each crewmember will position himself
or herself on the train to ensure that
passengers board and alight from the
train safely.
(d) Records. The railroad shall
maintain a record of each door by-pass
activation and each unintended opening
of a powered exterior side door,
including any repair(s) made, in the
defect tracking system as required by
§ 238.19.
(e) Door control panels. Exterior side
doors shall not be capable of operation
from a door control panel when the key
or other similar device is removed.
(f) End-of-train circuit. End-of-train
circuit integrity shall be maintained.
When switches are used to establish the
end-of-train circuit, the switches shall
be secured in a manner to prevent
access by unauthorized personnel.
(g) Exterior side door safety system
override devices. (1) Exterior side door
safety system override devices that can
adversely affect the train’s door safety
system must be inactive and sealed in
all passenger cars and locomotives in
the train consist, including cab cars and
MU locomotives, if they are so
equipped.
(2) As part of the equipment’s
calendar day inspection, all exterior
VerDate Sep<11>2014
18:57 Dec 04, 2015
Jkt 238001
side door safety system override devices
must be inactive and sealed in all
passenger cars and all locomotives in
the train consist, including cab cars and
MU locomotives, if they are so
equipped.
■ 5. Section 238.135 is added to subpart
B to read as follows:
§ 238.135 Operating practices for exterior
side door safety systems.
(a) At the beginning of his or her duty
assignment prior to the train’s
departure, each crewmember must
participate in a safety briefing that
identifies each crewmember’s
responsibilities relating to the safe
operation of the train’s exterior side
doors, including responsibilities for the
safe operation of the exterior side doors
when arriving at or departing a station.
(b) After April 5, 2016, all passenger
train exterior side doors and trap doors
must be closed when a train is in
motion between stations except when:
(1) The train is departing or arriving
at a station if:
(i) A crewmember needs to observe
the station platform; and
(ii) The open door is attended by the
crewmember; or
(2) A crewmember must perform onground functions, such as, but not
limited to, lining switches, making up
or splitting the train, providing crossing
protection, or inspecting the train.
(c)(1) Except as provided in paragraph
(b) of this section, passenger railroads
must receive special approval from
FRA’s Associate Administrator for
Railroad Safety/Chief Safety Officer to
operate passenger trains with exterior
side doors or trap doors, or both, open
between stations.
(2) Any request for special approval
must include:
(i) A written justification explaining
the need to operate a passenger train
with its exterior side doors or trap
doors, or both, open between stations;
and
(ii) A detailed hazard analysis,
including a description of specific
measures to mitigate any added risk.
(3) The request must be signed by the
chief executive officer (CEO), or
equivalent, of the organization(s)
making the request.
(4) FRA may request that the
passenger railroad submit additional
information to support its request before
FRA approves the request.
(d) No later than December 6, 2018,
each railroad shall adopt and comply
with operating rules on how to safely
override a door summary circuit or nomotion system, or both, in the event of
an en route exterior side door failure or
malfunction on a passenger train.
PO 00000
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Fmt 4701
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Railroads shall provide these written
rules to their crewmembers and control
center personnel and make them
available for inspection by FRA. These
written rules shall include:
(1) Instructions to crewmembers and
control center personnel, describing
what conditions must be present in
order to override the door summary
circuit or no-motion system, or both;
and
(2) Steps crewmembers and control
center personnel must take after the
door summary circuit or no-motion
system, or both, have been overridden to
help provide for continued passenger
safety.
(e) No later than December 6, 2018,
each passenger train crewmember must
be trained on:
(1) The requirements of this section;
and
(2) How to identify and isolate
equipment with a malfunctioning
exterior powered or manual side door.
(f) No later than December 6, 2018,
each railroad shall adopt and comply
with operating rules requiring train
crewmembers to determine the status of
their train’s exterior side doors so that
their train may safely depart a station.
These rules shall require crewmembers
to determine that there are no
obstructions in their train’s exterior side
doors before the train departs.
(g) Beginning December 6, 2018, each
railroad shall periodically conduct
operational (efficiency) tests and
observations of its operating
crewmembers and control center
personnel as appropriate to their roles,
to determine each individual’s
knowledge of the railroad’s powered
and manual exterior side door safety
procedures for its passenger trains.
6. Section 238.137 is added to subpart
B to read as follows:
■
§ 238.137 Mixed consist; operating
equipment with incompatible exterior side
door systems.
(a) A train made up of equipment
with incompatible exterior side door
systems shall be operated within the
constraints of each such door system.
(b) No later than December 6, 2018,
each railroad shall adopt and comply
with operating rules to provide for the
safe use of equipment with
incompatible exterior side door systems
when utilized in a mixed consist.
7. Appendix A to part 238 is amended
by adding entries for §§ 238.131,
238.133, 238.135, and 238.137 in
numerical order under subpart B to read
as follows:
■
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Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Rules and Regulations
APPENDIX A TO PART 238—SCHEDULE OF CIVIL PENALTIES 1
2
Section
Violation
Willful violation
Subpart B—Safety Planning and General Requirements
*
*
*
*
*
*
238.131 Exterior side door safety systems—new passenger cars and locomotives used in passenger service ..
238.133 Exterior side door safety systems—all passenger cars and locomotives used in a passenger service:
(a)(1) Failure to verify position of by-pass device or by-pass device not sealed ............................................
(a)(2) Failure to provide functional test plan ....................................................................................................
(a)(3) Failure to perform visual inspection or functional test ............................................................................
(b) Unsealed door by-pass device:
(b)(1) Door by-pass device not inactive, sealed, or seal ineffective ................................................................
(b)(2) Failure to notify designated authority .....................................................................................................
(b)(3) Movement beyond repair point ...............................................................................................................
(b)(4) Door by-pass device not sealed by QMP at calendar day inspection ...................................................
(c)(1) Failure to follow en route by-pass activation procedures; improper movement of defective equipment
(c)(2) Failure to use QMP .................................................................................................................................
(d) Failure to maintain record ...........................................................................................................................
(e) Door control panel not inactive when the key or other similar device is removed ....................................
(f) End-of-train circuit:
(f)(1) End-of-train circuit integrity not maintained .............................................................................................
(f)(2) Switches not secured to prevent unauthorized access ...........................................................................
(g) Door by-pass device not inactive, sealed or seal ineffective .....................................................................
238.135 Operating practices for exterior side door safety systems:
(a) Failure to conduct proper safety briefing ....................................................................................................
(b)(1) Exterior side doors and trap doors not closed when a train is in motion between stations ..................
(b)(2) Failure to follow conditions for operating a train while in motion between stations with an exterior
side door or trap door open ..........................................................................................................................
(d) Failure to adopt and comply with operating rules on how to safely override a door summary circuit or
no-motion system ..........................................................................................................................................
(e) Failure to provide training ...........................................................................................................................
(f) Failure to adopt and comply with operating rules requiring crewmembers to determine the status of the
train’s exterior side doors ..............................................................................................................................
(g) Failure to periodically conduct operational (efficiency) tests and observations .........................................
238.137 Mixed consist; operating equipment with incompatible exterior side door systems:
(a) Incompatible exterior side door systems not operated within the constraints of each door safety system
(b) Failure to adopt and comply with operating rules to provide for the safe use of equipment with incompatible exterior side door systems when utilized in a mixed consist ............................................................
*
*
*
Issued in Washington, DC, on November
25, 2015.
Sarah Feinberg,
Administrator.
[FR Doc. 2015–30488 Filed 12–4–15; 8:45 am]
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BILLING CODE 4910–06–P
1 A penalty may be assessed against an individual
only for a willful violation. Generally when two or
more violations of these regulations are discovered
with respect to a single unit of passenger equipment
that is placed or continued in service by a railroad,
the appropriate penalties set forth above are
aggregated up to a maximum of $16,000 per day.
However, failure to perform, with respect to a
particular unit of passenger equipment, any of the
inspections and tests required under subparts D and
F of this part will be treated as a violation separate
and distinct from, and in addition to, any
substantive violative conditions found on that unit
of passenger equipment. Moreover, the
VerDate Sep<11>2014
18:57 Dec 04, 2015
Jkt 238001
*
*
Administrator reserves the right to assess a penalty
of up to $105,000 for any violation where
circumstances warrant. See 49 CFR part 209,
appendix A.
Failure to observe any condition for movement of
defective equipment set forth in § 238.17 will
deprive the railroad of the benefit of the movementfor-repair provision and make the railroad and any
responsible individuals liable for penalty under the
particular regulatory section(s) concerning the
substantive defect(s) present on the unit of
passenger equipment at the time of movement.
Failure to observe any condition for the
movement of passenger equipment containing
defective safety appliances, other than power
brakes, set forth in § 238.17(e) will deprive the
railroad of the movement-for-repair provision and
make the railroad and any responsible individuals
liable for penalty under the particular regulatory
section(s) contained in part 231 of this chapter or
§ 238.429 concerning the substantive defective
condition.
PO 00000
Frm 00033
Fmt 4701
Sfmt 9990
*
10,000
2,500
5,000
2,500
5,000
7,500
5,000
2,500
5,000
7,500
2,500
7,500
5,000
2,000
5,000
5,000
7,500
11,000
5,000
11,000
7,500
4,000
7,500
5,000
2,500
2,500
7,500
5,000
5,000
7,500
10,000
11,000
15,000
10,000
15,000
9,500
9,500
13,000
13,000
9,500
9,500
13,000
13,000
5,000
7,500
9,500
*
15,000
13,000
*
The penalties listed for failure to perform the
exterior and interior mechanical inspections and
tests required under § 238.303 and § 238.305 may be
assessed for each unit of passenger equipment
contained in a train that is not properly inspected.
Whereas, the penalties listed for failure to perform
the brake inspections and tests under § 238.313
through § 238.319 may be assessed for each train
that is not properly inspected.
2 The penalty schedule uses section numbers
from 49 CFR part 238. If more than one item is
listed as a type of violation of a given section, each
item is also designated by a ‘‘penalty code,’’ which
is used to facilitate assessment of civil penalties,
and which may or may not correspond to any
subsection designation(s). For convenience, penalty
citations will cite the CFR and the penalty code, if
any. FRA reserves the right, should litigation
become necessary, to substitute in its complaint the
CFR citation in place of the combined CFR and
penalty code citation, should they differ.
E:\FR\FM\07DER2.SGM
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Agencies
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Rules and Regulations]
[Pages 76117-76149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30488]
[[Page 76117]]
Vol. 80
Monday,
No. 234
December 7, 2015
Part III
Department of Transportation
-----------------------------------------------------------------------
Federal Railroad Administration
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49 CFR Part 238
Passenger Train Exterior Side Door Safety; Final Rule
Federal Register / Vol. 80 , No. 234 / Monday, December 7, 2015 /
Rules and Regulations
[[Page 76118]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 238
[Docket No. FRA-2011-0063, Notice No. 2]
RIN 2130-AC34
Passenger Train Exterior Side Door Safety
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule will improve the integrity of passenger train
exterior side door safety systems and promote passenger train safety
overall through new safety standards for the safe operation and use of
passenger train exterior side doors. This final rule will limit the
number and severity of injuries involving passenger train exterior side
doors and enhance the level of safety for passengers and train
crewmembers.
DATES: This final rule is effective February 5, 2016. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of February 5, 2016. Petitions
for reconsideration must be received on or before February 5, 2016.
Comments in response to petitions for reconsideration must be received
on or before March 21, 2016.
ADDRESSES: Petitions for reconsideration and comments on petitions for
reconsideration: Petitions for reconsideration or comments on petitions
for reconsideration related to Docket No. FRA-2011-0063, Notice No. 2,
may be submitted by any of the following methods:
Web site: The Federal eRulemaking Portal,
www.regulations.gov. Follow the Web site's online instructions for
submitting comments, to include petitions for reconsideration.
Fax: 202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Room W12-140, Washington,
DC 20590.
Hand Delivery: Docket Management Facility, U.S. Department
of Transportation, 1200 New Jersey Avenue SE., Room W12-140 on the
Ground level of the West Building, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking (2130-AC34). Note that all comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading in the
SUPPLEMENTARY INFORMATION section of this document for Privacy Act
information for any submitted comments, petitions, or materials.
Docket: For access to the docket to read background documents, any
petition for reconsideration submitted, or comments received, go to
https://www.regulations.gov at any time or visit the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Room W12-140 on the Ground level of the West Building, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Pete Lapr[eacute], Railroad Safety
Specialist, Passenger Rail Division, U.S. Department of Transportation,
Federal Railroad Administration, Office of Railroad Safety, Mail Stop
25, West Building 3rd Floor, 1200 New Jersey Avenue SE., Washington, DC
20590 (telephone: 845-216-5794); or Brian Roberts, Trial Attorney, U.S.
Department of Transportation, Federal Railroad Administration, Office
of Chief Counsel, Mail Stop 10, West Building 3rd Floor, 1200 New
Jersey Avenue SE., Washington, DC 20590 (telephone: 202-493-6052).
SUPPLEMENTARY INFORMATION:
Table of Contents for Supplementary Information
I. Executive Summary
II. Statutory and Regulatory Background
A. Passenger Equipment Safety Standards Background
B. The Need for New Design Standards and Operating Practices for
Exterior Side Doors on Passenger Train Equipment
C. RSAC Overview
D. Passenger Safety Working Group and General Passenger Safety
Task Force
III. Discussion of Specific Comments and Conclusions
IV. Technical Background
A. Overview
B. Scope of FRA Safety Assessment of Passenger Railroads
C. Uses of Passenger Car Exterior Side Doors
D. Types of Passenger Car Exterior Side Doors
E. Exterior Side Door Configurations and Operation
F. Assessment Findings
1. Door Position
2. Door Control Panels
3. FMECA
4. Power Door Status
5. No-Motion Circuit
6. End-of-Train Circuit
7. Door Safety Features
8. Traction Inhibit
9. Malfunctioning Equipment and Door Lock-Out
10. Malfunctioning Equipment and Door By-Pass
11. Effects of Throttle Use on Powered Exterior Side Doors
12. Mixed Consist Operation
13. Operating Rules
V. Section-by-Section Analysis
VI. Regulatory Impact and Notices
A. Executive Orders 12866 and 13563 and DOT Regulatory Policies
and Procedures
B. Regulatory Flexibility Act and Executive Order 13272;
Certification of No Significant Economic Impact on a Substantial
Number of Small Entities
C. Paperwork Reduction Act
D. Federalism Implications
E. International Trade Impact Assessment
F. Environmental Impact
G. Executive Order 12898 (Environmental Justice)
H. Executive Order 13175 (Tribal Consultation)
I. Unfunded Mandates Reform Act of 1995
J. Energy Impact
K. Privacy Act
L. Analysis Under 1 CFR Part 51
I. Executive Summary
Having carefully considered the public comments in response to
FRA's March 26, 2014, proposed rule on passenger train exterior side
door safety, see 79 FR 16978, FRA issues this final rule amending the
Passenger Equipment Safety Standards, 49 CFR part 238. This final rule
establishes new requirements to improve the integrity of passenger
train exterior side door safety systems and promote passenger train
safety overall through new safety standards for the safe operation and
use of passenger train exterior side doors (also sometimes referred to
in this rulemaking as ``doors'' and ``side doors''). Through the new
requirements in this final rule, FRA intends to limit the number and
severity of injuries associated with the use and operation of passenger
train exterior side doors and increase the overall level of safety for
passengers and train crewmembers.
This final rule is based on recommended language developed by the
Railroad Safety Advisory Committee's (RSAC) General Passenger Safety
Task Force (Task Force) and includes new requirements for both powered
and manual exterior side doors and door safety systems on passenger
trains. Operating rules for train crews relating to exterior side doors
and their safety systems on passenger trains and new definitions for
this part are also included in this final rule. In addition, this final
rule incorporates by reference American Public Transportation
Association (APTA) Standard PR-M-S-18-10, ``Standard for Powered
Exterior Side Door System Design for New Passenger Cars'' (February 11,
2011), which contains a set of minimum
[[Page 76119]]
standards for powered exterior side door systems and door system
functioning on new rail passenger cars and locomotives used in
passenger service.
Other requirements established by this final rule include, but are
not limited to: Equipping new passenger cars with powered exterior side
doors with an obstruction detection system; connecting new passenger
cars (with either manual or powered exterior side doors) to a door
summary circuit to prohibit the train from developing tractive power if
any of the exterior side doors are open; requiring safety briefings for
train crews to identify crewmember responsibilities for the safe
operation of exterior side doors; operating passenger trains with their
exterior side doors and trap doors closed when in motion between
stations, except in limited circumstances or with FRA prior approval;
and requiring railroads to develop operating rules on how to safely
operate the exterior side doors of a passenger train with incompatible
exterior side door safety systems and how to safely override a door
summary circuit or a no-motion system, or both, when an exterior side
door failure or malfunction occurs.
FRA analyzed the economic impacts of this final rule against a ``no
action'' baseline that reflects what would happen in the absence of
this final rule. FRA expects the requirements for the operating rules
and adopted APTA standard for new equipment to prevent on average about
19 injuries and 0.20 fatalities per year in the future based on similar
incidents in the past. The estimated benefits from these prevented
casualties over a 20-year period total $83.9 million undiscounted;
these estimated benefits have a present value of $43.3 million
calculated using a 7-percent discount rate, and a present value of
$61.7 million calculated using a 3-percent discount rate. Given that
some procedural and equipment errors may still occur in the future, the
analysis assumes a 50-percent effectiveness rate in preventing these
types of injuries and fatalities when estimating monetary benefits. In
addition, there may be other benefits from the final rule, such as
fewer passenger claims for personal property damage, maintaining
passenger goodwill and trust, and by lowering future maintenance costs
(by encouraging the replacement of older equipment with new passenger
cars equipped with more reliable door safety systems).
FRA also quantified the incremental burden of the final rule upon
commuter and intercity passenger railroads. The primary contributor to
the estimated costs is the train crew's task of verifying that the door
by-pass devices on the train are sealed in the normal non-by-pass mode,
an operating rule requirement. The door by-pass devices are used to
override door safety systems in certain circumstances, for example,
allowing a train to develop tractive power and complete its route. The
second greatest cost factor is the estimated cost to implement some of
the door safety features on new passenger cars with either powered or
manual doors and locomotives used in passenger service. The estimated
costs over the 20-year period of analysis total $15.2 million
undiscounted, with a present value of about $8.3 million calculated
using a 7-percent discount rate, and a present value of about $11.5
million calculated using a 3-percent discount rate. The rule incurs
relatively small costs because most of the initial burdens are expected
from changes to railroad operating rules. The design standards for door
safety systems apply to new passenger cars and locomotives used in
passenger service where they can be installed cost-effectively.
These costs and benefits result in net positive benefits over 20
years of about $68.7 million undiscounted, with a present value of
$35.0 million calculated using a 7-percent discount rate, and present
value of $50.2 million calculated using a 3-percent discount rate.
II. Statutory and Regulatory Background
A. Passenger Equipment Safety Standards Background
In September 1994, the U.S. Secretary of Transportation (Secretary)
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 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 (Act), Public Law 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 and issuing orders under them. Section 215 of the Act
(codified at 49 U.S.C. 20133). The Secretary has delegated such
responsibilities to the Administrator of FRA. See 49 CFR 1.89.
FRA formed the Passenger Equipment Safety Standards Working Group
to provide FRA with advice in developing the regulations Congress
mandated, and on May 12, 1999, published a final rule containing a set
of comprehensive safety standards for railroad passenger equipment. See
64 FR 25540. After publication of the final rule, interested parties
filed petitions seeking FRA's reconsideration of certain requirements
in the rule and on June 25, 2002, FRA completed its response to the
petitions for reconsideration. See 67 FR 42892. The product of that
rulemaking was codified primarily at 49 CFR part 238 and secondarily at
49 CFR parts 216, 223, 229, 231, and 232.
One of the purposes of the Passenger Equipment Safety Standards is
protecting the safety of passenger train occupants in an emergency,
including providing for emergency egress and rescue access through
exterior side doors. See 49 CFR 238.235 and 238.439. FRA has engaged in
rulemaking to amend the Passenger Equipment Safety Standards, and
notably, on February 1, 2008, FRA published a final rule on Passenger
Train Emergency Systems addressing: Emergency communication, emergency
egress, and rescue access. See 73 FR 6370. FRA has also established
additional requirements for passenger train emergency systems,
including doors used for emergency egress and rescue access. See
Passenger Train Emergency Systems II final rule published on November
29, 2013, 78 FR 71785. However, these subsequent proceedings have not
focused on the safety of doors systems in non-emergency situations.
B. The Need for New Design Standards and Operating Practices for
Exterior Side Doors on Passenger Train Equipment
FRA's principal reason for issuing this final rule is to reduce the
number and severity of injuries caused by exterior side doors striking
or trapping passengers as they board or alight from passenger trains in
non-emergency situations. FRA has observed that incidents involving
exterior side doors in routine use on passenger trains have previously
resulted in casualties and serious injuries.
For example, on November 21, 2006, a New Jersey Transit Rail
Operations (NJT) train was departing a station in Bradley Beach, New
Jersey, when the closing exterior side doors of the train caught and
held a passenger attempting to exit the train. The passenger was then
dragged by the train along the station
[[Page 76120]]
platform as the train was leaving the station. The passenger died as a
result of his injuries.
Through its investigation of the incident, FRA found that the
train's assistant conductor was not in the proper position to monitor
all the train's exterior side doors as they were closing. Specifically,
the assistant conductor could not see the passenger exit through a door
behind where the assistant conductor was located. The assistant
conductor also did not observe the door-indicator lights on the door
control panel which indicated that the exterior side doors on the
passenger car were not all closed as intended. In addition, FRA learned
the train was being operated with its door by-pass switch activated,
negating the passenger car's door safety system, which was designed to
reopen the exterior side doors after detecting an obstruction.
As a result of this incident, NJT reviewed its operating rules and
limited the use of the door by-pass feature in its passenger train
operations. Contemporaneously, FRA issued Safety Advisory 2006-05,
``Notice of Safety Advisory: Passenger Train Safety--Passenger Boarding
or Alighting from Trains'' (71 FR 69606, Dec. 1, 2006). The safety
advisory recommended that passenger railroads reassess their rules and
procedures to make certain that trains do not depart a station until
all passengers have successfully boarded or alighted from the train.
The safety advisory also noted the important role of passenger train
crews in the safe operation of a train after a door by-pass switch has
been activated. FRA encouraged passenger railroads to voluntarily
implement the recommendations of the safety advisory.
Subsequently, there have been other instances where passengers have
become trapped in the exterior side doors of trains. In one instance,
on February 2, 2007, a local police officer witnessed a passenger stuck
between the exterior side doors of a moving Long Island Rail Road
(LIRR) train at a station in New York City, New York. As a result, the
passenger's right leg was dragged on the tactile strip of the station
platform, causing abrasions to the passenger's leg. The police officer
stopped the train and pulled the passenger free from the exterior side
doors.
Other instances were ``close calls'' in which passengers narrowly
avoided injury. On March 4, 2011, in La Grange, Illinois, a passenger's
arm and cane got caught in the closing exterior side doors of a
Northeast Illinois Regional Commuter Railroad Corporation (Metra) train
while attempting to board the train. A fellow passenger inside the
train was able to flip the door's emergency switch just as the train
began to move. As a result, the trapped passenger was released and
avoided being dragged down the station platform. A similar incident
occurred on a Metra train on December 19, 2009, when a four-year-old
boy's boot became caught in the exterior side doors when alighting from
the train. The child's mother had to pull the child's leg free from the
train doors as the train was leaving the station.
As a result of these types of incidents, Metra changed its
operating rules to require a ``second look'' up and down each train
before departing a station. This operating rule requires the conductor
to close all exterior side doors on the train, except the door in which
he or she is standing, to take a second look up and down the station
platform to make sure all the train's exterior side doors are closed
and clear of passengers. After the second look, the conductor may then
close his or her open door and signal to the train's engineer to depart
the station.
Since the issuance of the NPRM for this rulemaking in March 2014,
there have been other injuries involving passengers and exterior side
doors. The Massachusetts Bay Transportation Authority (MBTA) reported
to FRA that in June 2014 an MBTA passenger got his luggage stuck in the
closing exterior side doors of the train and was subsequently injured
when the train started to move. When the train started to leave the
station platform, the passenger sustained injuries after he was dragged
by the train a total of 30 to 40 feet before falling.
In addition, Peninsula Corridor Joint Powers Board (Caltrain)
reported to FRA an incident that occurred in October 2014 where a
passenger was injured after she put her hand in the closing exterior
side door of a passenger train at the Burlingame Station in San Mateo,
California. The train's passenger door safety system did not work as
intended and the passenger got her hand caught in the closing door and
it did not re-open. As a result, the passenger was dragged by the train
approximately 10 feet.
Based on these types of incidents, and other findings and concerns,
including initial findings from assessing the safety of exterior side
door systems on passenger railroads in the northeast region of the
United States, FRA tasked RSAC to review Safety Advisory 2006-5 and
develop recommendations for new safety standards to improve passenger
and crewmember safety for the operation and use of exterior side doors.
The Task Force, a subgroup of the RSAC Passenger Safety Working Group
(Working Group), was assigned to develop these recommendations.
The Task Force was already reviewing passenger station gap issues
in April 2007 when it was assigned this task. The Task Force then
assembled the Passenger Door Safety Subgroup (Door Safety Subgroup) to
develop recommended regulatory language to improve the safety of
exterior side door systems on passenger trains. FRA shared with RSAC
its initial findings that many passenger railroads in the Northeast
were not operated with fully-functional passenger train exterior side
door safety systems, and FRA then conducted in-person assessments of
the exterior side door safety systems on a total of 24 passenger
railroads throughout the Nation. During those assessments, FRA reviewed
many different models of passenger equipment and gained important
information about the risks to passengers and train crews associated
with the operation and use of passenger train exterior side doors. FRA
shared this information with the Door Safety Subgroup, which met a
total of nine times from 2008 to 2011.
Through its meetings, the Door Safety Subgroup developed proposed
regulatory language to improve the safe use and operation of exterior
side doors on passenger trains. The Task Force approved the consensus
language on February 25, 2011, which was then adopted by the Working
Group and full Committee on March 31, 2011, and May 20, 2011,
respectively.
While the Door Safety Subgroup was developing proposed regulatory
language, APTA developed and approved Standard SS-M-18-10, ``Standard
for Powered Exterior Side Door System Design for New Passenger Cars.''
Subsequent to RSAC's approval of the consensus recommendations that
form the basis of this final rule, APTA changed its numbering
nomenclature for its safety standards, which resulted in the numbering
of this standard changing from SS-M-18-10 to PR-M-S-18-10 without
changing the substantive content of the standard. Thus, this standard
is identified as PR-M-S-18-10 in this final rule. This APTA standard
contains minimum standards for powered exterior side door systems and
door system function on new rail passenger cars because APTA designed
it to be used in specifications for the procurement of new passenger
cars. The standard addresses door system design requirements at the
door level, car level, and train level. Non-powered doors and other
types of doors on passenger cars that are not exterior side doors are
not
[[Page 76121]]
covered by APTA's standard. This final rule incorporates by reference
this APTA standard for powered exterior side door safety systems on new
passenger cars and connected door safety systems on new locomotives
used in passenger service. A copy of this APTA standard is included in
the docket of this rulemaking for public review.
C. RSAC Overview
In March 1996, FRA established RSAC as a forum for collaborative
rulemaking and program development. RSAC includes representatives from
all of the agency's major stakeholder groups, including railroads,
labor organizations, suppliers and manufacturers, and other interested
parties.\1\ To the maximum extent practicable, FRA utilizes RSAC to
provide consensus recommendations with respect to both proposed and
final agency action. When appropriate, FRA assigns a task to RSAC, and
after consideration and debate, RSAC may accept or reject the task. If
RSAC accepts the task, it establishes a working group with 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 individual task force then provides that information to
the working group for consideration. When a working group comes to
unanimous consensus on recommendations for action, the package is
presented to the full Committee for a vote. If RSAC is unable to reach
consensus on a recommendation for action, the task is withdrawn and FRA
determines the best course of action. If the proposal is accepted by a
simple majority of RSAC, the proposal is formally recommended to the
Administrator of FRA. FRA then determines what action to take on the
recommendation. Because FRA staff members play an active role at the
working group level discussing the issues and options and drafting the
language of the consensus proposal, FRA is often favorably inclined
toward the RSAC recommendation. However, FRA is not bound to follow the
recommendation and the agency exercises its independent judgment on
whether the recommended rule achieves the agency's regulatory goal(s),
is soundly supported, and is consistent with policy and legal
requirements. Often, FRA varies in some respects from the RSAC
recommendation when developing the actual regulatory proposal or final
rule. FRA notes and explains any such variations in the rulemaking it
issues
---------------------------------------------------------------------------
\1\ A list of RSAC member groups includes the following:
American Association of Private Railroad Car Owners (AAPRCO);
American Association of State Highway and Transportation Officials
(AASHTO); American Chemistry Council; American Petroleum Institute;
American Short Line and Regional Railroad Association (ASLRRA);
American Train Dispatchers Association (ATDA); APTA; 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 Employes Division (BMWED); 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; 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 (NRCMA); 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 (TSA); * and United
Transportation Union (UTU).
* Indicates associate, non-voting membership.
---------------------------------------------------------------------------
D. Passenger Safety Working Group and General Passenger Safety Task
Force
In May 2003, RSAC established the Working Group to handle the task
of reviewing passenger equipment safety needs and programs as well as
developing recommendations for specific actions to advance the safety
of rail passenger service.\2\
---------------------------------------------------------------------------
\2\ Members of the Working Group, in addition to FRA, include
the following: AAR, including members from BNSF Railway Company
(BNSF), CSX Transportation, Inc. (CSXT), and Union Pacific Railroad
Company (UP); AAPRCO; AASHTO; Amtrak; APTA, including members from
Bombardier, Inc., Herzog Transit Services, Inc., Interfleet
Technology, Inc. (Interfleet, formerly LDK Engineering, Inc.), LIRR,
Maryland Transit Administration (MTA), Metro-North Commuter Railroad
Company (Metro-North), Metra, Southern California Regional Rail
Authority (Metrolink), and Southeastern Pennsylvania Transportation
Authority (SEPTA); ASLRRA; BLET; BRS; FTA; NARP; NTSB; RSI; SMWIA;
STA; TCIU/BRC; TSA; TWU; and UTU.
---------------------------------------------------------------------------
In September 2006, the Working Group established the Task Force
principally to examine the following issues: (1) Exterior side door
securement; (2) passenger safety in train stations; and (3) system
safety plans.\3\ After being assigned its task by the Working Group,
the Task Force assembled the Door Safety Subgroup to develop
recommended regulatory language to improve the safety of exterior side
door systems on passenger trains. The Door Safety Subgroup consisted of
Task Force members who were interested in addressing the risks
associated with the operation and use of exterior side doors on
passenger equipment. The Door Safety Subgroup met during scheduled Task
Force meetings.\4\
---------------------------------------------------------------------------
\3\ Members of the Task Force include representatives from
various organizations that are part of the larger Working Group and,
in addition to FRA, include the following: AAR, including members
from BNSF, CSXT, Norfolk Southern Railway Co., and UP; AASHTO;
Amtrak; APTA, including members from Alaska Railroad Corporation,
Caltrain, LIRR, MBTA, Metro-North, MTA, NJT, New Mexico Rail Runner
Express, Port Authority Trans-Hudson, SEPTA, Metrolink, and Utah
Transit Authority; ASLRRA; ATDA; BLET; FTA; NARP; NRCMA; NTSB;
Transport Canada; and UTU.
\4\ The Task Force met on the following dates and in the
following locations to discuss passenger train exterior side door
safety: April 23-24, 2008, in San Diego, CA; July 29-30, 2008, in
Cambridge, MA; December 2, 2008, in Cambridge, MA; March 3, 2009, in
Arlington, VA; April 21, 2009, in Washington, DC; May 27-28, 2009,
in Cambridge, MA; July 7-8, 2009, in Philadelphia, PA; October 6-8,
2009, in Orlando, FL; and February 24-25, 2011, in Washington, DC.
---------------------------------------------------------------------------
To aid the Task Force with its delegated task, FRA's Office of
Chief Counsel, in conjunction with FRA's Office of Railroad Safety,
typically drafted proposed regulatory text for discussion purposes at
Door Safety Subgroup meetings. Door Safety Subgroup members would then
offer suggested changes to this proposed draft text. Staff from DOT's
John A. Volpe National Transportation System Center also attended these
meetings and contributed to the discussions. Minutes of each meeting
are part of the docket in this proceeding and are available for public
inspection.
Through these various discussions, the Door Safety Subgroup
developed proposed regulatory language which the Task Force accepted as
a recommendation to the Working Group on February 25, 2011. The Task
Force's consensus language was then subsequently approved by the
Working Group on March 31, 2011. The consensus language was then
presented before the full Committee on May 20, 2011, where it was
approved by unanimous vote. Thus, the Working Group's recommendation
was adopted by the full Committee as the recommendation to FRA.
In the March 26, 2014 NPRM, FRA proposed adding some regulatory
text that was not expressly part of the RSAC's consensus
recommendation. For instance, for the benefit of the regulated
community, in proposed Sec. 238.131(c), FRA identified other sections
in part
[[Page 76122]]
238 that include substantive door safety requirements. FRA also
clarified that all exterior side doors on new intercity passenger train
cars--in addition to new commuter train cars--would be subject to the
requirements of Sec. 238.131.
In addition, FRA made changes to the RSAC recommended language to
clarify the proposed requirements in the NPRM. For example, FRA
clarified that the provisions of the NPRM applied to full-sized
exterior side doors besides those used for the boarding and alighting
of passengers at train stations, such as baggage doors, but did not
apply to small hatches of compartment-sized doors and the exterior side
doors on private cars. FRA also decided not to include in the NPRM an
RSAC recommendation that powered, exterior side passenger doors be
connected to a manual override device capable of opening the exterior
side doors when the doors are locked out, because this design
requirement was already covered under existing regulations at Sec.
238.112(a) and (b). FRA also moved an RSAC consensus item proposed
under existing Sec. 238.305 (``Interior calendar day mechanical
inspection of passenger cars'') to new proposed Sec. 238.133(g)(2) in
the NPRM, so the requirement would apply to all tiers of passenger
cars, including conventional locomotives used in passenger service.
FRA specifically asked for comment on these areas of the proposal.
However, FRA did not receive any comments on these or other areas of
the NPRM where FRA specifically invited comment.
III. Discussion of Specific Comments and Conclusions
Overall, FRA received four comments in response to the NPRM from
the following parties: Sensotech Inc. (Sensotech), the Southeastern
Pennsylvania Transportation Authority (SEPTA), Veolia Transportation
(Veolia), and an anonymous commenter. The comment from Veolia was
initially received as an email to an FRA staff director asking whether
one of Veolia's procedures conflicted with a proposal in the NPRM. FRA
has included the email and an attachment received by the staff director
in the public docket for this rulemaking and is treating the email and
its attachment as a comment on this rulemaking.
FRA appreciates and carefully considered all comments it received
regarding this rulemaking. The comments raised issues on what type of
technology FRA considered when developing this rulemaking, whether FRA
would modify its proposal in Sec. 238.135(b) that exterior side doors
and trap doors must be closed between stations, and whether a specific
safety procedure would be an allowable exception to the proposed
requirement to keep the doors closed. FRA also received one comment
that was not germane and outside the scope of this rulemaking. FRA did
not change any of the regulatory text in this final rule based on the
comments it received but addresses each comment below. The full text of
every comment FRA received on the NPRM is in the public docket for this
rulemaking at www.regulations.gov. Please note that the order in which
the comments are discussed in this document is not intended to reflect
the significance of the comment raised or the standing of the
commenter.
Sensotech submitted a comment commending FRA for its efforts to
improve passenger safety and comfort. However, Sensotech stated it did
not see in the NPRM any information about the use of acoustic
technology to support passenger door safety. According to Sensotech,
``[a]coustic technology is the most suitable technology for remote
sensing for rail doors'' because it is not sensitive to metallic carbon
dust created by moving trains and brake pads, and the technology is
programmed to distinguish between outdoor elements (like hail, snow,
and rain) versus a person or other hard objects. As a result, according
to Sensotech, acoustic technology is more reliable in supporting
passenger door safety than other technologies. Sensotech described an
acoustic technology door sensor system it developed for transit bus
doors implemented in buses. In addition, Sensotech described an
application it developed specifically for passenger rail door
application, stating that it has been installed more recently on a
commuter rail system.
FRA thanks Sensotech for providing information about the use of
acoustic technology to promote door safety. However, FRA did not
specify in the NPRM, and declines to specify in this final rule, what
specific type of technology railroads must use to comply with the
requirements of this final rule. FRA sought to develop requirements
that are performance-based. FRA believes that allowing railroads the
freedom to decide how best to comply with the requirements in this
final rule allows railroads to make the most efficient decisions to
meet FRA's safety requirements and minimize the costs of the rule.
SEPTA submitted a comment expressing concern regarding the proposed
requirement that all exterior side doors and trap doors be closed when
a train is in motion between stations. (See the Technical Background,
Section IV.A, for an overview of trap doors). SEPTA noted that, in a
letter to FRA's Associate Administrator for Railroad Safety/Chief
Safety Officer dated February 17, 2010, SEPTA committed to operating
all its trains with two or fewer cars in passenger service with all
their side doors closed between stations. In addition, SEPTA noted that
any train with three or more cars in passenger use would be required to
operate with its side doors closed between stations depending on the
number of crewmembers assigned to the train. SEPTA added these
requirements to its operating manual as a crew responsibility.
However, since sending this letter to FRA in 2010, SEPTA replaced
its Silverliner II and Silverliner III cars with manual doors and trap
doors with new Silverliner V cars. According to SEPTA, these
Silverliner V cars have power-operated doors with manual trap doors
located inside the cars. SEPTA specifically raised concern about the
requirement proposed in Sec. 238.135(b) that trap doors must be closed
between stations. SEPTA stated that when the trap doors are open and
the side doors are closed, a passenger could not fall out of the car
from the passenger compartment. Therefore, according to SEPTA, the cars
can move safely between stations with the cars' side doors closed and
its trap doors open. However, SEPTA noted that the proposed language in
Sec. 238.135(b) does not make an allowance for this car design. SEPTA
also stated that as part of its capital program it estimates that in
2020 it will begin to replace its current Silverliner IV fleet with new
Silverliner VI cars, which it anticipates will be fully compliant with
the requirements of 49 CFR 238.135. In the meantime, SEPTA suggested
FRA allow an exception ``[w]hen the open trap [door] is located within
the car allowing the side door to completely close over the opening
preventing any access to the outside of the car from the passenger
compartment.''
In its comment to FRA, Veolia also expressed concern about the
requirement that exterior side doors and trap doors be closed when a
train is in motion between stations in proposed Sec. 238.135(b).
Veolia described a ``redundant safety procedure'' at a particular
interlocking where it requires conductors to verify the signal
indication. Veolia believed this procedure may necessitate opening a
door while the train is moving and sought to continue this practice. In
addition, Veolia noted that some conductors open their workstation door
as their train approaches the limits of its
[[Page 76123]]
authority, red signals, or other areas of particular concern. Veolia
sought clarification on whether these practices would violate the
requirements proposed in Sec. 238.135(b).
After carefully considering the SEPTA and Veolia comments, FRA has
decided not to change the language proposed in Sec. 238.135(b).
However, as discussed further below, FRA is providing additional time
for railroads to comply with the requirement that exterior side doors
and trap doors remain closed when a train is in motion between
stations. The exceptions to this requirement apply when a train is
departing or arriving at a station and a crewmember needs to observe
the station platform and the open door is attended by a crewmember, and
when a crewmember must perform on-ground functions, such as, but not
limited to, lining switches, making up or splitting trains, providing
crossing protection, or inspecting the train.
While the scenarios described by SEPTA and Veolia in their separate
comments do not fall under either of these defined exceptions, Sec.
238.135(c) allows a railroad to apply for special approval from FRA's
Associate Administrator for Railroad Safety/Chief Safety Officer to
operate passenger trains with exterior side doors or trap doors, or
both, open between stations. Any request for relief must include a
written justification, a detailed hazard analysis, and be signed by the
railroad's chief executive officer or equivalent. FRA believes this
approval process is the appropriate way to handle issues involving
railroads that may need relief from the requirement in Sec.
238.135(b), rather than establish additional, generally-applicable
exceptions that are better addressed on a case-by-case basis. By
requiring passenger railroads to conduct a safety analysis and apply to
FRA for approval for a special exception, FRA will be able to make
individualized determinations that tailor any such exception to the
specific circumstances involved and the safety of the affected
passengers and train crews.
FRA received an additional anonymous comment regarding hours of
service issues involving the trucking industry and a Federal Motor
Carrier Safety Administration proposal. Since the comment is not
germane to passenger door safety issues or this rulemaking, and its
scope is not within FRA's jurisdiction, FRA did not address this
comment in this final rule.
With the exception of the issues the commenters raised and FRA
discussed above, FRA did not receive any comments on the proposed rule.
Therefore, unless specifically noted, FRA has adopted the requirements
proposed in the NPRM in this final rule.
IV. Technical Background
A. Overview
Passenger railroads have responded to growth in ridership by
expanding rail service, investing in new rail equipment, and
incorporating new technologies into their passenger equipment. This has
resulted in the varied arrangements of powered exterior side doors in
passenger trains today. Many types of these power door systems have
safety features to alert train crewmembers of an obstruction in a door.
These power door systems are complex. They employ components and
electrical circuits to open and close the exterior side doors, contain
door status indicators, and provide a means to determine motion and the
end of the train. Power door systems operate electrically from commands
given by train crews through signals from door switches, sensors,
relays, and other devices that interface with and monitor the exterior
side doors individually and throughout the entire trainline circuit.
These various appurtenances typically act to provide a warning when
exterior side doors are closing, respond to obstructions to closing
doors, and prevent the doors from opening when a train is in motion.
When connected to the propulsion system, these devices will inhibit the
development of tractive power if an exterior side door is prevented
from closing. Lock-out and by-pass systems are also employed to allow
trains to operate even when equipment related to the exterior side
doors is malfunctioning.
However, not all passenger cars are equipped with powered exterior
side door systems. In fact, for those passenger railroads with cars
equipped with manually operated exterior side doors or trap doors, some
have allowed the doors to remain open between train stations to
increase operating efficiency. Trap doors are metal plates that, when
raised, reveal a fixed or moveable stairwell to facilitate low-level
boarding. To provide high-level platform boarding, the train crew
closes (or keeps closed) the trap to cover the stairwell. Trap doors
are not exterior side doors, but are manually operated by the train
crew to enable boarding and alighting through the exterior side doors.
B. Scope of FRA Safety Assessment of Passenger Railroads
FRA reviewed accident data involving passenger train exterior side
doors immediately following the incident in Bradley Beach, New Jersey,
discussed in Section II.B., above. From its review, FRA determined that
while accidents were infrequent they could have severe consequences.
FRA identified numerous factors, conditions, and components that could
adversely impact the safe operation or the integrity of the door safety
system of a passenger train. These include door position, controls, and
status indicators, no-motion and end-of-train circuits, power failure,
traction-inhibit, throttle movement, mixed consist operation,
malfunctioning equipment, door operating rules, and employee knowledge
of the door safety system(s) on the train he or she is operating.
As noted above, FRA decided to perform a safety assessment of 24
railroads operating passenger trains utilizing many different models of
equipment in the United States. These assessments were performed to
identify the risks endangering passenger and crew safety, specifically
when passengers were riding upon, boarding, or alighting from trains.
FRA employed analytical techniques to identify any limitations of the
safety features engineered into the trains' exterior side doors and of
the railroads' rules governing their employees who operate them. Each
of the passenger railroads was assessed individually, and exterior side
door safety concerns were found with virtually all the railroads
surveyed. However, the door safety concerns varied among the railroads
in nature and degree.
There are various types of trains that are designed for particular
purposes. The type and sequence of locomotives and cars assembled or
coupled together to form a train is referred to as the train consist. A
train consist can typically be changed frequently at the railroad's
discretion. As part of its assessment, FRA reviewed the predominant
types of passenger train service utilized in the United States to
determine the risks posed to passengers and train crews by exterior
side door safety systems.
One type of service involves passenger trains with conventional
locomotives in the lead pulling consists of passenger coaches and
sometimes other types of cars such as baggage cars, dining cars, and
sleeping cars. Such trains are common on long-distance, intercity rail
routes operated by Amtrak.
Most passenger rail service in the Nation is provided by commuter
railroads, which typically operate one or both of the two most common
types of service: Push-pull service and multiple-unit (MU) locomotive
service. Push-pull service is passenger train service
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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. The train
can then transition into the opposite direction of travel, where the
service is operated with the conventional locomotive in the lead
position of the train pulling the consist (the ``pull mode'') with the
cab car in the rear of the train. A cab car is both a passenger car and
a locomotive. The car has both seats for passengers and a control cab
from which the engineer can operate the train. Control cables (or
electric couplers) run the length of the train to facilitate commands
between the control cab, passenger cars, and the conventional
locomotive. These control cables make up an electric circuit called the
trainline circuit. Electrical cables also run the length of the train
to provide power for heat, light, and other purposes.
Self-propelled electric or diesel MU locomotives may operate
individually in passenger train service, but typically operate semi-
permanently coupled together as a pair or triplet with a control cab at
each end of the train consist. During peak commuting hours, multiple
pairs or triplets of MU locomotives are combined and operated together
to form a single passenger train.
In Amtrak's Northeast Corridor, high-speed Acela Express passenger
train service is provided using trainsets. Acela Express trainsets are
train consists of specific types of passenger cars such as first class,
business class, and caf[eacute] cars that are semi-permanently coupled
between power cars located at each end of the consist. These trainsets
virtually never change as the power cars and passenger cars are semi-
permanently coupled and integrated together with computer controls. The
power cars provide tractive power to both ends simultaneously and have
a control cab from which the engineer can operate the train, but do not
carry passengers.
C. Uses of Passenger Car Exterior Side Doors
Passenger car exterior side doors are designed for various purposes
on passenger trains. Most exterior side doors are used for passenger
boarding and alighting at train stations. However, exterior side doors
also have other uses. For example, exterior side doors can be used for
emergency responder access and passenger egress during emergency
situations, whether or not the doors are normally used for passenger
boarding or alighting. As previously stated, exterior side doors can
also be used for non-passenger functions such as loading baggage or
stocking dining car supplies. Exterior side doors that serve these
purposes often vary greatly in size and dimension. In some instances,
these exterior side doors are full-sized doors, while on other
equipment the doors are essentially just small hatches or are
compartment-sized.
D. Types of Passenger Car Exterior Side Doors
Through its safety assessment of exterior side door safety systems
on passenger trains, FRA reviewed several generations of equipment. FRA
found a wide range of doors and corresponding door safety features with
varying levels of sophistication. The level of sophistication was
generally limited by the technology that was available at the time that
the passenger car was manufactured and the railroad's ability to
purchase, or retrofit, equipment with more sophisticated door safety
features.
There are three types of exterior side doors in service today:
Hinged, sliding, and plug. Hinged doors on a passenger car operate like
a door in a home entranceway. They swing inward into the car, to open,
and back towards the exterior of the car, to close. Exterior sliding
doors on a passenger car are moving panels of various sizes that
retract into pockets within the side walls of the passenger car when
opening. Sliding doors can be designed with one panel or leaf that
slides open and closed. Sliding doors can also consist of two bi-
parting panels or leafs, which open by retracting from each other into
the side wall and close by joining together in the center of the
doorway. Plug doors on a passenger car are comprised of a sliding panel
which opens and slides along the side of the car to open the exterior
side door. However, the sliding panel does not retract into a pocket
like a sliding door; instead, when closed, the door conforms to the
side of the passenger car to seal out environmental noise and minimize
aerodynamic resistance.
E. Exterior Side Door Configurations and Operation
Passenger railroads use a variety of configurations for the
exterior side doors on the passenger cars in their fleets. FRA reviewed
passenger cars with exterior side doors located at multiple locations
along the sides of the cars: At each end, at their quarter points, and
in the middle.
Passenger car exterior side doors may be operated manually, or with
either electro-mechanical or electro-pneumatic power. Manually operated
exterior side doors are simple hinged or sliding doors that are
manually operated by passengers or crewmembers at each station stop.
Powered electro-mechanical doors are doors that employ an electric
motor to drive a mechanical operator for opening and closing. Powered
electro-pneumatic doors, like electro-mechanical doors, employ a
mechanical operator for opening and closing. However, powered electro-
pneumatic doors use compressed air to drive the mechanical operator
instead of an electric motor. The mechanical operators provide opening
and closing force to each door panel or leaf through mechanical linkage
and a gearbox or similar device. All powered door systems require
mechanical door operators.
F. Assessment Findings
FRA identified a number of key factors, conditions, and components
that could impact passenger and crew safety from the use and operation
of passenger train exterior side doors. These are addressed,
individually, in detail below.
1. Door Position
FRA reviewed the risk posed by the open position of exterior side
doors while passenger trains were in motion. FRA determined that
railroads operating passenger trains with manually operated exterior
side doors cannot control whether an individual door is opened or
closed unless a crewmember is present at each door. When a crewmember
is not present, passengers themselves can open the exterior side doors
of the cars and exit or enter the train. Therefore, the potential
exists for passengers to jump off or on moving trains at stations. At
the same time, FRA found that other passenger trains were purposefully
run with their manually operated exterior side doors in an open
position even though train crewmembers sometimes were not stationed at
the doors.
Passenger trains with powered exterior side doors are normally
operated with the doors closed between stations. However, some
passenger railroads operated trains with their doors open between
stations. These passenger stations are in close proximity to each other
and alternate between high- and low-level platforms for passenger
boarding and alighting. The operation of passenger trains with open
exterior side doors presents significant safety concerns as passengers
and crewmembers could potentially fall out of an open door while the
trains are moving. Due to the safety hazards arising from operating a
passenger train with open exterior side doors, FRA has determined that,
with limited exceptions for crew use only, passenger
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trains should have their exterior side doors closed when they are
moving between stations.
2. Door Control Panels
Powered exterior side doors on passenger cars are controlled and
operated by door control panels, which are usually located on both
sides of each car. These panels provide an interface between the
train's door system and the train crew, and typically require
activation with a door key. The door key is inserted into the control
panel and is then used to turn the panel on or off. Once the panel is
turned on, a conductor can issue commands to open or close exterior
side doors by pressing buttons on the panel. Some passenger trains have
door control panels that allow only local control of the exterior side
doors. This means the conductor can operate the exterior side doors
only in the same car as the door control panel. Other passenger trains
allow their door control panels to operate all exterior side doors on
the side of the train where the panel is activated. This allows the
door control panel in any passenger car to open simultaneously all the
exterior side doors on one side of the train. The conductor also can
open or close only those doors forward of the activated panel, those
doors rearward of the activated panel, or simply the single door
directly adjacent to the activated panel.
FRA found many instances in which door control panels were left
energized after the door control panel key was removed. This can occur
when the keyhole for the door control panel key is worn or not
maintained and the conductor removes the key without actually turning
off the door control panel. With the door control panel energized,
passengers can press the door-open button on the panel and open one or
more exterior side doors on the train even when the train is still
moving. This situation can occur on many different types of equipment.
3. Failure Modes, Effects, and Criticality Analysis (FMECA)
As part of its assessment, FRA evaluated how the door systems on
various passenger trains responded to a loss of door control power by
de-energizing the door control circuit breaker. FRA found significantly
different responses on various railroads when door control systems
experienced a circuit failure causing a loss of power. Some exterior
side doors closed, some did not close at all, and others simply stopped
where they were if they were moving at the time of the failure.
Additionally, in a number of instances, the train could still produce
tractive power even though the door control circuit failure allowed the
exterior side doors to remain open.
Employees who operate the exterior side doors of a passenger train
should understand how a safety system for a door they control will
respond to a loss of power. Employees can then take steps to safeguard
against any safety hazards raised by the loss of power. This final rule
requires all door systems on new passenger cars, and connected door
systems on new locomotives used in passenger service, to be subject to
a formal safety analysis that includes a FMECA before being placed into
service. By requiring new passenger cars and locomotives used in
passenger service to be subjected to this analysis before being placed
into service, railroads will help ensure that the failure of a single
component of a door safety system will not create an unsafe condition
for passengers and train crewmembers.
4. Power Door Status
Power door status is monitored by door position switches and can be
conveyed locally or through the trainline circuit using various
arrangements of lights to relay the condition of the doors to the train
crew. On most passenger trains, one or more lights illuminate on the
interior or exterior of a passenger car above the exterior side door
that is open. The lights then extinguish when the exterior side doors
are closed.
If the train's door status is configured with a door summary
circuit for trainline display, one or more lights illuminate on the
active door control panel when all the doors are closed on that side of
the train. Therefore, if a power door did not close, the external and
internal lights would remain illuminated and the trainline door status
light on the door control panel would not illuminate. This door status
trainline circuit is often, but not always, displayed to the engineer
as a door closed light in the locomotive cab. When the light is
illuminated it tells the engineer that the exterior side doors on both
sides of the train are closed and the train is ready to safely leave
the station.
FRA found that all trains with powered exterior side door systems
had some type of door status indicators train crews could use to
determine if there was an obstruction in the exterior side doors.
However, in many instances on-board personnel were not using the door
status indicators as intended. In some cases, crewmembers did not use
these indicators because the indicators' lens color was not maintained
properly and, therefore, the indicators were not reliable. In other
cases, FRA found that train crews looked in the general location of an
indicator light on a door control panel, but at times mistakenly read a
different indicator as the door status indicator because the lens color
was not uniformly maintained. Door status indicators need to be
maintained properly for ready and reliable reference by crewmembers
tasked with safely operating the door systems. If properly maintained,
these indicators should alert train crewmembers about a possible
obstruction in an exterior side door.
5. No-Motion Circuit
No-motion is an electric circuit the door safety system uses to
determine if a passenger car or train is moving or not. This circuit is
designed to prevent the exterior side doors of a train from opening
while the train is in motion, except for a crew access door. A crew
access door can be any exterior side door on a passenger train that a
crewmember opens for his or her use with a door control power key. No-
motion circuitry will also cause the exterior side doors to close when
the train accelerates above a pre-determined speed. If the no-motion
circuit (also referred to as a ``no-motion system'' in this document)
malfunctions, the conductor cannot open the exterior side doors using
trainline commands since the circuit is designed to fail safely and the
door system assumes that the train is in motion. However, if such a
malfunction occurs, many passenger cars are equipped with a by-pass
switch that can override the no-motion circuit and enable the exterior
side doors to open.
During its assessment, FRA discovered that some railroads train
crews actually used the no-motion circuit to close the exterior side
doors when departing stations. In these instances, train crewmembers
were not closing the exterior side doors using a door control panel,
but instead were using the throttle to accelerate the train and close
the exterior side doors through the no-motion circuit. The assessment
also identified that passenger and train crew safety was at risk on
many railroads because safety-sensitive switches that could impact the
door system, such as the no-motion by-pass switch, were not properly
positioned or protected. An improperly positioned no-motion by-pass
switch presents the risk of an undesired opening of an exterior side
door while the train is in motion, which could go undetected by the
train's crew.
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Exterior side doors should be closed only after the train crew
determines it is safe for the train to depart the station. To protect
passenger and train crew safety, the no-motion by-pass switch should be
secured or sealed. This will mitigate the potential of an accidental
activation of this safety-critical device.
6. End-of-Train Circuit
The end-of-train circuit is part of the door safety system. The
circuit is used to identify the last passenger car in the train
consist, or the physical end of the train, or both. Door control system
manufacturers have utilized various ways to identify and convey the end
of the train to the door safety system. The end of the train is
identified on different passenger cars by using jumpers, manual or
automatic switches, circuitry in electric couplers, marker lights, or
other devices. Door safety circuits can become compromised when the end
of the train is established somewhere other than the last car of the
train. This situation can occur by the unintentional activation of the
end-of-train circuit. For example, some passenger cars toggle switches,
which are readily accessible to passengers, are used to establish the
end of the train. If improperly positioned and activated by a passenger
or train crewmember at a location that is not at the end of the train,
all passenger cars rearward of the car with the activated end-of-train
circuit would not be recognized by the door safety system. Because the
door safety features in those cars would not function, this would
increase the risk of a passenger becoming entangled in a door and
dragged when the train departs the station.
FRA's assessment identified eight railroads on which end-of-train
circuit switches were not properly positioned or protected. These
switches should be secured and protected to prevent access by
unauthorized personnel and unintentional activation which could
compromise the safety of the door control system and go undetected by
the train crew.
7. Door Safety Features
As touched on above, the sophistication of passenger car door
safety features is just as varied as the arrangement of the exterior
side doors themselves. Hinged-type manually operated exterior side
doors do not utilize any specific door system safety features. Yet, FRA
found that all but one model of passenger cars with manual or powered
sliding-type doors employed a flexible, rubber-like strip of varying
widths on the leading edge of the door. This flexible strip runs from
the floor to the ceiling along the edge of the door to seal the car
interior from environmental conditions. Although not necessarily
intended for a door system safety purpose, this flexible strip or seal
on the edge of the door is pliable and bends, which aids in pulling an
obstruction free from the door. In addition, FRA found that some power
door systems added a door push-back feature intended