80_FR_33698 80 FR 33585 - Operational and Signal Modifications for Compliance With Maximum Authorized Passenger Train Speeds and Other Speed Restrictions

80 FR 33585 - Operational and Signal Modifications for Compliance With Maximum Authorized Passenger Train Speeds and Other Speed Restrictions

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 113 (June 12, 2015)

Page Range33585-33587
FR Document2015-14394

FRA is issuing Safety Advisory 2015-03 to stress to passenger railroads and railroads that host passenger service and their employees the importance of compliance with Federal regulations and applicable railroad rules governing applicable passenger train speed limits. This safety advisory makes recommendations to these railroads to ensure that compliance with applicable passenger train speed limits is addressed by appropriate railroad operating policies and procedures and signal systems.

Federal Register, Volume 80 Issue 113 (Friday, June 12, 2015)
[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Notices]
[Pages 33585-33587]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14394]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Safety Advisory 2015-03]


Operational and Signal Modifications for Compliance With Maximum 
Authorized Passenger Train Speeds and Other Speed Restrictions

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

ACTION: Notice of safety advisory.

-----------------------------------------------------------------------

SUMMARY: FRA is issuing Safety Advisory 2015-03 to stress to passenger 
railroads and railroads that host passenger service and their employees 
the importance of compliance with Federal regulations and applicable 
railroad rules governing applicable passenger train speed limits. This 
safety advisory makes recommendations to these railroads to ensure that 
compliance with applicable passenger train speed limits is addressed by 
appropriate railroad operating policies and procedures and signal 
systems.

FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety 
Assurance and Compliance, Office of Railroad Safety, FRA, 1200 New 
Jersey

[[Page 33586]]

Avenue SE., Washington, DC 20590, telephone (202) 493-6404.

SUPPLEMENTARY INFORMATION: The overall safety of railroad operations 
has improved in recent years. However, two fatal passenger train 
accidents in the last 18 months in which serious overspeed events 
occurred highlight the need to ensure train speed limit compliance, as 
mandated by existing Federal railroad safety regulations and railroad 
operating rules.

Amtrak Derailment

    On Tuesday, May 12, 2015, Amtrak passenger train 188 (Train 188) 
was traveling timetable east (northbound) from Washington, DC, to New 
York City. Aboard the train were five Amtrak crew members, three Amtrak 
employees, and 250 passengers. Train 188 consisted of a locomotive in 
the lead and seven passenger cars trailing. Shortly after 9:20 p.m., 
the train derailed while traveling through a curve at Frankford 
Junction in Philadelphia, Pennsylvania. As a result of the accident, 
eight persons were killed, and a significant number of persons were 
seriously injured.
    The National Transportation Safety Board (NTSB) has taken the lead 
role conducting the investigation of this accident under its legal 
authority. 49 U.S.C. 1101 et seq.; 49 CFR 831.2(b). As is customary, 
FRA is participating in the NTSB's investigation and also investigating 
the accident under its own authority. While NTSB has not yet issued any 
formal findings, the information released to date indicates that train 
speed was a factor in the derailment. As Train 188 approached the curve 
from the west, it traveled over a straightaway with a maximum 
authorized passenger train speed of 80 mph. The maximum authorized 
passenger train speed for the curve was 50 mph. NTSB determined that 
the train was traveling approximately 106 mph within the curve's 50-mph 
speed restriction, exceeding the maximum authorized speed on the 
straightaway by 26 mph, and 56 mph over railroad's maximum authorized 
speed for the curve.\1\
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    \1\ FRA regulations provide, in part, that it is unlawful to 
``[o]perate a train or locomotive at a speed which exceeds the 
maximum authorized limit by at least 10 miles per hour.'' 49 CFR 
240.305(a)(2).
---------------------------------------------------------------------------

    In response to the derailment, FRA issued Emergency Order No. 31 
(EO 31; 80 FR 30534, May 28, 2015). EO 31 requires Amtrak to take the 
following actions to ensure the safe operation of passenger trains on 
the Northeast Corridor: \2\
---------------------------------------------------------------------------

    \2\ EO 31's requirements will not apply where Amtrak's Positive 
Train Control System (Advanced Civil Speed Enforcement System 
(ACSES)) is already in use on the Northeast Corridor. Among other 
features, ACSES enforces civil speed restrictions that are in place 
at locations such as curves and bridges.
---------------------------------------------------------------------------

     Immediately implement code changes to Amtrak's Automatic 
Train Control (ATC) System to enforce the passenger train speed limit 
ahead of the curve at Frankford Junction in Philadelphia, Pennsylvania 
where the fatal derailment occurred.
     Survey its Northeast Corridor system and identify each 
main track curve where there is a reduction of more than 20 mph from 
the maximum authorized approach speed to that curve for passenger 
trains, and provide a list of each curve location to FRA within 5 days 
after EO 31 was issued.
     Submit an action plan for FRA approval within 20 days 
identifying modifications to its ATC System (or other signal systems) 
that Amtrak will make to enable warning and enforcement of applicable 
passenger train speeds at the identified curves. If such modifications 
would interfere with the timely implementation of a Positive Train 
Control (PTC) system or are not otherwise feasible, Amtrak's plan must 
describe alternative procedures that it will adopt at the identified 
curves to ensure compliance with applicable passenger train speed 
limits. Amtrak's plan must contain milestones and target dates for 
completion of action plan items.
     Within 30 days of issuance of the Order, Amtrak must begin 
to install additional wayside signage alerting engineers and conductors 
of the maximum authorized passenger train speed throughout its 
Northeast Corridor system, with particular emphasis on additional 
signage at the curve locations where significant speed reductions 
occur. Amtrak must identify the locations where it intends to install 
the additional wayside speed limit signs in its action plan, and must 
notify FRA when installation of the signs is completed.

Metro-North Derailment

    In addition to the recent Amtrak passenger train derailment 
discussed above, in December 2013 a New York State Metropolitan 
Transportation Authority Metro-North Commuter Railroad Company (Metro-
North) train derailed as it approached the Spuyten Duyvil Station in 
Bronx, New York. The train traveled over a straightaway with a maximum 
authorized passenger train speed of 70 mph before reaching a sharp 
curve in the track with a maximum authorized speed of 30 mph. NTSB's 
investigation of the Metro-North accident determined the train was 
traveling approximately 82 mph as it entered the curve's 30-mph speed 
restriction before derailing. That derailment resulted in four 
fatalities and at least 61 persons being injured. The Metro-North 
accident is similar to the recent Amtrak accident in that it involved a 
serious overspeed event in a sharp curve in the track. As a result of 
the derailment, FRA issued Emergency Order No. 29 (78 FR 75442, Dec. 
11, 2013) requiring Metro-North to take certain actions to control 
passenger train speeds. FRA also issued Safety Advisory 2013-08, which 
recommended that all railroads in the United States:
    (1) Review the circumstances of the December 1, 2013, Spuyten 
Duyvil derailment with each of their operating employees.
    (2) Provide instruction to their employees during training classes 
and safety briefings on the importance of compliance with maximum 
authorized train speed limits and other speed restrictions. This 
training should include discussion of the railroad's absolute speed 
limits, speed restrictions based on physical characteristics, temporary 
speed restrictions, and any other restrictions commonly encountered.
    (3) Remind their employees that Federal railroad safety regulation, 
at 49 CFR 240.305(a)(2) and 242.403(e)(2), prohibits the operation of a 
locomotive or train at a speed which exceeds the maximum authorized 
speed by at least 10 mph.
    (4) Evaluate quarterly and 6-month reviews of operational testing 
data as required by 49 CFR 217.9. A railroad should consider increasing 
the frequency of operational testing where its reviews show any non-
compliance with maximum authorized train speeds. A significant number 
of operational tests should be conducted on trains that are required to 
reduce speed by more than 20 mph from the maximum authorized train 
speed. Operational tests should use the reliable methods available, 
such as reviewing locomotive event recorder data and testing by radar 
to verify compliance with maximum authorized speeds.
    (5) Reinforce the importance of communication between train 
crewmembers located in the controlling locomotive, particularly during 
safety critical periods when multiple tasks are occurring (e.g., 
copying mandatory directives, closely approaching or passing fixed 
signals and/or cab signals at a reduced speed, approaching locations 
where the train's movement authority is being restricted, during radio 
conversations with other

[[Page 33587]]

employees or job briefings about track characteristics) and during 
extended periods of inactivity.

Overspeed Prevention

    FRA recognizes that passenger rail transportation is generally 
extremely safe. However, these two recent accidents, which both 
involved overspeed events and resulted in numerous passenger 
fatalities, highlight the need to remain vigilant in ensuring employee 
compliance with operational speed limits and restrictions for passenger 
trains. As required by 49 U.S.C. 20157, railroads operating scheduled 
intercity and commuter passenger service in this country are required 
to implement PTC Systems by December 31, 2015. By statute a PTC system 
must be designed to prevent the type of overspeed events that occurred 
in the derailments discussed above, as well as train-to-train 
collisions, incursions into roadway work zone limits, and the movement 
of a train over a switch left in the wrong position. Amtrak has 
indicated that it intends to meet the statutory deadline to install PTC 
on the Northeast Corridor. FRA understands that other passenger 
railroads in this country have concerns about their ability to meet the 
December 31, 2015 deadline to install PTC. FRA intends to enforce the 
December 31, 2015 deadline to ensure that PTC is in use as quickly, 
safely, and efficiently as possible.
    Until PTC is in use across the passenger railroad systems in this 
country, and due to the significant safety concerns presented by the 
two accidents described above, FRA believes all passenger railroads and 
railroads that host passenger service need to evaluate their systems 
and take immediate actions to prevent future catastrophic overspeed 
events from occurring.
    Some railroads have ATC or cab signal systems \3\ that may be 
modified to prevent overspeed events at critical locations such as 
curves, bridges, and stations, similar to what FRA required of Amtrak 
at the May 12, 2015 derailment location in EO 31. Where such signal 
system modifications are appropriate and would not interfere with the 
timely implementation of PTC,\4\ FRA recommends that railroads make 
such modifications after identifying critical main track locations. 
Where such modifications to the signal system to slow trains at 
critical locations are not viable or would interfere with PTC 
implementation (or on railroads where no cab signal or ATC system is 
installed or operative), FRA encourages railroads to take other 
operational actions to prevent overspeed events, such as requiring 
additional qualified employees to occupy the controlling locomotive of 
a train to identify and communicate the applicable passenger train 
speed limits and restrictions, or by requiring additional crew 
communications regarding applicable passenger train speed limits and 
restrictions.
---------------------------------------------------------------------------

    \3\ FRA regulations require that ``[p]rior to December 31, 2015, 
where any train is permitted to operate at a speed of 80 or more 
miles per hour, an automatic cab signal, automatic train stop, or 
automatic train control system complying with the provisions of this 
part [part 236] shall be installed, unless an FRA approved PTC 
system meeting the requirements of this part [part 236] for the 
subject speed and other operating conditions, is installed.'' 49 CFR 
236.0(d)(1).
    \4\ FRA recommends that railroads consult with FRA if they 
believe a modification would interfere with PTC implementation.
---------------------------------------------------------------------------

    FRA will continue to focus on ensuring passenger railroad 
compliance with maximum authorized train speeds and relevant temporary 
and permanent speed restrictions in the coming months, including 
stepped up enforcement actions. These actions will include, but will 
not be limited to, on-board inspections, radar speed monitoring at 
locations of significant permanent or temporary speed restrictions, 
monitoring of railroad officers who conduct operational tests, and 
comprehensive reviews of a railroad's implementation of their 
operational tests and inspection program.
    FRA strongly encourages railroads and other industry members to re-
emphasize the importance of compliance with maximum authorized train 
speeds and any applicable speed restrictions, and to conduct 
operational testing at a level that will ensure compliance with all 
posted speed restrictions.
    Recommended Railroad Action: In light of the accidents discussed 
above, and in an effort to ensure the safety of the Nation's railroads, 
their employees, and the general public, FRA recommends that passenger 
railroads and railroads that host passenger service \5\ do each of the 
following:
---------------------------------------------------------------------------

    \5\ This Safety Advisory only applies to the portions of the 
railroad's system over which passenger service is operated.
---------------------------------------------------------------------------

    (1) Review and implement the recommendations made in FRA Safety 
Advisory 2013-08, which are discussed above.
    (2) Review the circumstances of the fatal May 12, 2015, 
Philadelphia derailment with their operating employees.
    (3) Survey their entire systems, or the portions on which passenger 
service is operated, and identify main track locations where there is a 
reduction of more than 20 mph from the approach speed to a curve or 
bridge and the maximum authorized operating speed for passenger trains 
at that curve or bridge (identified locations).
    (4) If the railroad utilizes an ATC, cab signal, or other signal 
system capable of providing warning and enforcement of applicable 
passenger train speed limits, make modifications to those systems where 
appropriate to ensure compliance with applicable speed limits at the 
identified locations. If the railroad is required to implement PTC at 
the identified locations, implement these recommended signal system 
changes in the interim.
    (5) If the railroad does not utilize an ATC, cab signal, or other 
signal system capable of providing warning and enforcement of 
applicable passenger train speed limits (or if a signal system 
modification would interfere with the implementation of PTC or is 
otherwise not viable) all passenger train movements at the identified 
locations be made with a second qualified crew member in the cab of the 
controlling locomotive, or with constant communication between the 
locomotive engineer and an additional qualified and designated 
crewmember in the body of the train. If the railroad is required to 
implement PTC at the identified locations, implement these recommended 
changes in the interim.
    (6) Install additional wayside signage alerting engineers and 
conductors of the maximum authorized passenger train speed throughout 
the passenger railroad's system or the portions of its system in which 
passenger service is operated, with particular emphasis on additional 
signage at the identified locations.
    FRA encourages all railroad industry members to take actions 
consistent with the preceding recommendations. FRA may modify this 
Safety Advisory 2015-03, issue additional safety advisories, or take 
other appropriate action necessary to ensure the highest level of 
safety on the Nation's railroads, including pursing other corrective 
measures under its rail safety authority.

    Issued in Washington, DC on June 9, 2015.
Sarah Feinberg
Acting Administrator.
[FR Doc. 2015-14394 Filed 6-11-15; 8:45 am]
 BILLING CODE 4910-06-P



                                                                                  Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices                                                  33585

                                                  between the humane handling of                          Extent of the Exemption                                Safety Oversight of Carriers Operating
                                                  animals or compliance with the rule.                       This exemption is limited to drivers                Under the Exemption
                                                     FMCSA analyzed the request and on                    engaged in the interstate transportation                 FMCSA expects each motor carrier
                                                  June 11, 2014, granted, subject to                      of livestock by CMV. The exemption                     operating under the terms and
                                                  specific terms and conditions, an                       from the 30-minute rest-break                          conditions of this exemption to
                                                  exemption from the rest break                           requirement is applicable during the                   maintain its safety record. However,
                                                  requirement for drivers transporting                    transportation of livestock and does not               should safety deteriorate or credible and
                                                  livestock. The term of the exemption                    cover the operation of the CMVs after                  substantial public comment in
                                                  ends on June 11, 2015. The exemption                    the livestock are unloaded from the                    opposition to the exemption be
                                                  period was limited to one year in order                 vehicle.                                               received, FMCSA will, consistent with
                                                  to gather additional data about the                        This exemption is only available to                 the statutory requirements of 49 U.S.C.
                                                  highway safety of operations under the                  drivers transporting livestock as defined              31315, take all steps necessary to protect
                                                  exemption. Carriers utilizing the                       in the Emergency Livestock Feed                        the public interest. Authorization of the
                                                  exemption were required to report any                   Assistance Act of 1988, as amended (the                exemption is discretionary, and FMCSA
                                                  accidents, as defined in 49 CFR 390.5,                  1988 Act) [7 U.S.C. 1471(2)]. The term                 will immediately revoke the exemption
                                                  to FMCSA. As of May 1, 2015, no                         ‘‘livestock’’ as used in this exemption                of any motor carrier or driver for failure
                                                  accidents had been reported.                            means ‘‘cattle, elk, reindeer, bison,                  to comply with the terms and
                                                                                                          horses, deer, sheep, goats, swine,                     conditions of the exemption.
                                                  Population of Drivers and Carriers                      poultry (including egg-producing
                                                  Engaged in Livestock Transportation                     poultry), fish used for food, and other                Preemption
                                                                                                          animals designated by the Secretary [of                   During the period the exemption is in
                                                     As of May 13, 2015, FMCSA’s Motor                    Agriculture] that (A) are part of a                    effect, no State may enforce any law or
                                                  Carrier Management Information System                   foundation herd (including dairy                       regulation that conflicts with or is
                                                  (MCMIS) listed 65,872 motor carriers                    producing cattle) or offspring; or (B) are             inconsistent with this exemption with
                                                  that identified livestock as a type                     purchased as part of a normal operation                respect to a person or entity operating
                                                  (though not necessarily the only type) of               and not to obtain additional benefits                  under the exemption [49 U.S.C.
                                                  cargo they transport. These carriers                    under [the 1988 Act].’’ The exemption is               31315(d)].
                                                  operate 220,481 vehicles. The carriers                  further limited to motor carriers that
                                                  employ 277,782 drivers, but                                                                                      Issued on: June 4, 2015.
                                                                                                          have a ‘‘satisfactory’’ safety rating or are
                                                  approximately 145,000 drivers qualify                                                                          T.F. Scott Darling, III,
                                                                                                          ‘‘unrated’’; motor carriers with
                                                  as ‘‘short-haul’’ drivers and thus are                                                                         Chief Counsel.
                                                                                                          ‘‘conditional’’ or ‘‘unsatisfactory’’ safety
                                                  exempt from the 30-minute break                         ratings are prohibited from utilizing this             [FR Doc. 2015–14277 Filed 6–11–15; 8:45 am]
                                                  requirement. Therefore, fewer than                      exemption.                                             BILLING CODE 4910–EXP
                                                  135,000 CMV drivers could utilize this
                                                  exemption.                                              Accident Reporting
                                                                                                            Motor carriers must notify FMCSA by                  DEPARTMENT OF TRANSPORTATION
                                                     Data in the docket show that the
                                                  temperature inside a stopped livestock                  email addressed to MCPSD@DOT.GOV
                                                                                                          with 5 business days of any accident (as               Federal Railroad Administration
                                                  trailer can rise rapidly during hot
                                                  summer days, and can drop rapidly on                    defined in 49 CFR 390.5) that occurs
                                                                                                          while its driver is operating under the                [Safety Advisory 2015–03]
                                                  winter days, especially in windy
                                                  conditions. Substandard transportation                  terms of this exemption. The                           Operational and Signal Modifications
                                                  of livestock elevates the risk that the                 notification must include:                             for Compliance With Maximum
                                                  food derived therefrom may be unsafe                      a. Name of the motor carrier and
                                                                                                                                                                 Authorized Passenger Train Speeds
                                                  for human consumption. Industry                         USDOT number,
                                                                                                            b. Date of the accident,                             and Other Speed Restrictions
                                                  guidelines describe stops of up to 30
                                                                                                            c. City or town, and State, in which                 AGENCY: Federal Railroad
                                                  minutes as problematic for many                         the accident occurred, or closest to the
                                                  animals, even in favorable weather, and                                                                        Administration (FRA), Department of
                                                                                                          accident scene,                                        Transportation (DOT).
                                                  encourage drivers of livestock to keep                    d. Driver’s name and license number,
                                                  the CMV moving ‘‘if at all possible.’’                                                                         ACTION: Notice of safety advisory.
                                                                                                            e. Vehicle number and state license
                                                  Livestock drivers take breaks, but                      number,                                                SUMMARY:   FRA is issuing Safety
                                                  generally of much shorter duration than                   f. Number of individuals suffering                   Advisory 2015–03 to stress to passenger
                                                  30 minutes.                                             physical injury,                                       railroads and railroads that host
                                                     As noted below, carriers utilizing the                 g. Number of fatalities,                             passenger service and their employees
                                                  exemption are required to report any                      h. The police-reported cause of the
                                                                                                                                                                 the importance of compliance with
                                                  accidents, as defined in 49 CFR 390.5,                  accident,
                                                                                                            i. Whether the driver was cited for                  Federal regulations and applicable
                                                  to FMCSA. Since the granting of this                                                                           railroad rules governing applicable
                                                  exemption on June 11, 2014, the                         violation of any traffic laws, motor
                                                                                                          carrier safety regulations, and                        passenger train speed limits. This safety
                                                  FMCSA has not received any such                                                                                advisory makes recommendations to
                                                                                                            j. The total driving time and total on-
                                                  reports.                                                                                                       these railroads to ensure that
                                                                                                          duty time prior to the accident.
                                                                                                                                                                 compliance with applicable passenger
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  FMCSA Determination                                     Period of the Exemption                                train speed limits is addressed by
                                                    In consideration of the above, FMCSA                    This exemption from the 30-minute                    appropriate railroad operating policies
                                                  has determined that it is appropriate to                break requirement [49 CFR                              and procedures and signal systems.
                                                  renew this exemption from the 30-                       395.3(a)(3)(ii)] is effective during the               FOR FURTHER INFORMATION CONTACT: Ron
                                                  minute break requirement for a period                   period June 12, 2015, through June 12,                 Hynes, Director, Office of Safety
                                                  of two years, subject to the following                  2017, unless withdrawn or restricted                   Assurance and Compliance, Office of
                                                  terms and conditions:                                   sooner.                                                Railroad Safety, FRA, 1200 New Jersey


                                             VerDate Sep<11>2014   19:05 Jun 11, 2015   Jkt 235001   PO 00000   Frm 00111   Fmt 4703   Sfmt 4703   E:\FR\FM\12JNN1.SGM   12JNN1


                                                  33586                           Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices

                                                  Avenue SE., Washington, DC 20590,                          • Immediately implement code                        accident determined the train was
                                                  telephone (202) 493–6404.                               changes to Amtrak’s Automatic Train                    traveling approximately 82 mph as it
                                                  SUPPLEMENTARY INFORMATION: The                          Control (ATC) System to enforce the                    entered the curve’s 30-mph speed
                                                  overall safety of railroad operations has               passenger train speed limit ahead of the               restriction before derailing. That
                                                  improved in recent years. However, two                  curve at Frankford Junction in                         derailment resulted in four fatalities and
                                                  fatal passenger train accidents in the last             Philadelphia, Pennsylvania where the                   at least 61 persons being injured. The
                                                  18 months in which serious overspeed                    fatal derailment occurred.                             Metro-North accident is similar to the
                                                  events occurred highlight the need to                      • Survey its Northeast Corridor                     recent Amtrak accident in that it
                                                  ensure train speed limit compliance, as                 system and identify each main track                    involved a serious overspeed event in a
                                                  mandated by existing Federal railroad                   curve where there is a reduction of more               sharp curve in the track. As a result of
                                                  safety regulations and railroad operating               than 20 mph from the maximum                           the derailment, FRA issued Emergency
                                                  rules.                                                  authorized approach speed to that curve                Order No. 29 (78 FR 75442, Dec. 11,
                                                                                                          for passenger trains, and provide a list               2013) requiring Metro-North to take
                                                  Amtrak Derailment                                       of each curve location to FRA within 5                 certain actions to control passenger train
                                                     On Tuesday, May 12, 2015, Amtrak                     days after EO 31 was issued.                           speeds. FRA also issued Safety Advisory
                                                  passenger train 188 (Train 188) was                        • Submit an action plan for FRA                     2013–08, which recommended that all
                                                  traveling timetable east (northbound)                   approval within 20 days identifying                    railroads in the United States:
                                                  from Washington, DC, to New York City.                  modifications to its ATC System (or                       (1) Review the circumstances of the
                                                  Aboard the train were five Amtrak crew                  other signal systems) that Amtrak will                 December 1, 2013, Spuyten Duyvil
                                                  members, three Amtrak employees, and                    make to enable warning and                             derailment with each of their operating
                                                  250 passengers. Train 188 consisted of                  enforcement of applicable passenger                    employees.
                                                  a locomotive in the lead and seven                      train speeds at the identified curves. If                 (2) Provide instruction to their
                                                  passenger cars trailing. Shortly after                  such modifications would interfere with                employees during training classes and
                                                  9:20 p.m., the train derailed while                     the timely implementation of a Positive                safety briefings on the importance of
                                                  traveling through a curve at Frankford                  Train Control (PTC) system or are not                  compliance with maximum authorized
                                                  Junction in Philadelphia, Pennsylvania.                 otherwise feasible, Amtrak’s plan must                 train speed limits and other speed
                                                  As a result of the accident, eight persons              describe alternative procedures that it                restrictions. This training should
                                                  were killed, and a significant number of                will adopt at the identified curves to                 include discussion of the railroad’s
                                                  persons were seriously injured.                         ensure compliance with applicable                      absolute speed limits, speed restrictions
                                                     The National Transportation Safety                   passenger train speed limits. Amtrak’s                 based on physical characteristics,
                                                  Board (NTSB) has taken the lead role                    plan must contain milestones and target                temporary speed restrictions, and any
                                                  conducting the investigation of this                    dates for completion of action plan                    other restrictions commonly
                                                  accident under its legal authority. 49                  items.                                                 encountered.
                                                  U.S.C. 1101 et seq.; 49 CFR 831.2(b). As                   • Within 30 days of issuance of the                    (3) Remind their employees that
                                                  is customary, FRA is participating in the               Order, Amtrak must begin to install                    Federal railroad safety regulation, at 49
                                                  NTSB’s investigation and also                           additional wayside signage alerting                    CFR 240.305(a)(2) and 242.403(e)(2),
                                                  investigating the accident under its own                engineers and conductors of the                        prohibits the operation of a locomotive
                                                  authority. While NTSB has not yet                       maximum authorized passenger train                     or train at a speed which exceeds the
                                                  issued any formal findings, the                         speed throughout its Northeast Corridor                maximum authorized speed by at least
                                                  information released to date indicates                  system, with particular emphasis on                    10 mph.
                                                  that train speed was a factor in the                    additional signage at the curve locations                 (4) Evaluate quarterly and 6-month
                                                  derailment. As Train 188 approached                     where significant speed reductions                     reviews of operational testing data as
                                                  the curve from the west, it traveled over               occur. Amtrak must identify the                        required by 49 CFR 217.9. A railroad
                                                  a straightaway with a maximum                           locations where it intends to install the              should consider increasing the
                                                  authorized passenger train speed of 80                  additional wayside speed limit signs in                frequency of operational testing where
                                                  mph. The maximum authorized                             its action plan, and must notify FRA                   its reviews show any non-compliance
                                                  passenger train speed for the curve was                 when installation of the signs is                      with maximum authorized train speeds.
                                                  50 mph. NTSB determined that the train                  completed.                                             A significant number of operational
                                                  was traveling approximately 106 mph                                                                            tests should be conducted on trains that
                                                                                                          Metro-North Derailment
                                                  within the curve’s 50-mph speed                                                                                are required to reduce speed by more
                                                  restriction, exceeding the maximum                         In addition to the recent Amtrak                    than 20 mph from the maximum
                                                  authorized speed on the straightaway by                 passenger train derailment discussed                   authorized train speed. Operational tests
                                                  26 mph, and 56 mph over railroad’s                      above, in December 2013 a New York                     should use the reliable methods
                                                  maximum authorized speed for the                        State Metropolitan Transportation                      available, such as reviewing locomotive
                                                  curve.1                                                 Authority Metro-North Commuter                         event recorder data and testing by radar
                                                     In response to the derailment, FRA                   Railroad Company (Metro-North) train                   to verify compliance with maximum
                                                  issued Emergency Order No. 31 (EO 31;                   derailed as it approached the Spuyten                  authorized speeds.
                                                  80 FR 30534, May 28, 2015). EO 31                       Duyvil Station in Bronx, New York. The                    (5) Reinforce the importance of
                                                  requires Amtrak to take the following                   train traveled over a straightaway with                communication between train
                                                  actions to ensure the safe operation of                 a maximum authorized passenger train                   crewmembers located in the controlling
                                                  passenger trains on the Northeast                       speed of 70 mph before reaching a sharp                locomotive, particularly during safety
                                                                                                          curve in the track with a maximum
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                                                  Corridor: 2                                                                                                    critical periods when multiple tasks are
                                                                                                          authorized speed of 30 mph. NTSB’s                     occurring (e.g., copying mandatory
                                                    1 FRA regulations provide, in part, that it is        investigation of the Metro-North                       directives, closely approaching or
                                                  unlawful to ‘‘[o]perate a train or locomotive at a                                                             passing fixed signals and/or cab signals
                                                  speed which exceeds the maximum authorized              Civil Speed Enforcement System (ACSES)) is             at a reduced speed, approaching
                                                  limit by at least 10 miles per hour.’’ 49 CFR           already in use on the Northeast Corridor. Among
                                                  240.305(a)(2).                                          other features, ACSES enforces civil speed
                                                                                                                                                                 locations where the train’s movement
                                                    2 EO 31’s requirements will not apply where           restrictions that are in place at locations such as    authority is being restricted, during
                                                  Amtrak’s Positive Train Control System (Advanced        curves and bridges.                                    radio conversations with other


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                                                                                    Federal Register / Vol. 80, No. 113 / Friday, June 12, 2015 / Notices                                                 33587

                                                  employees or job briefings about track                   PTC,4 FRA recommends that railroads                       (3) Survey their entire systems, or the
                                                  characteristics) and during extended                     make such modifications after                          portions on which passenger service is
                                                  periods of inactivity.                                   identifying critical main track locations.             operated, and identify main track
                                                                                                           Where such modifications to the signal                 locations where there is a reduction of
                                                  Overspeed Prevention
                                                                                                           system to slow trains at critical                      more than 20 mph from the approach
                                                     FRA recognizes that passenger rail                    locations are not viable or would                      speed to a curve or bridge and the
                                                  transportation is generally extremely                    interfere with PTC implementation (or                  maximum authorized operating speed
                                                  safe. However, these two recent                          on railroads where no cab signal or ATC                for passenger trains at that curve or
                                                  accidents, which both involved                           system is installed or operative), FRA                 bridge (identified locations).
                                                  overspeed events and resulted in                         encourages railroads to take other
                                                                                                           operational actions to prevent overspeed                  (4) If the railroad utilizes an ATC, cab
                                                  numerous passenger fatalities, highlight                                                                        signal, or other signal system capable of
                                                  the need to remain vigilant in ensuring                  events, such as requiring additional
                                                                                                           qualified employees to occupy the                      providing warning and enforcement of
                                                  employee compliance with operational
                                                                                                           controlling locomotive of a train to                   applicable passenger train speed limits,
                                                  speed limits and restrictions for
                                                                                                           identify and communicate the                           make modifications to those systems
                                                  passenger trains. As required by 49
                                                  U.S.C. 20157, railroads operating                        applicable passenger train speed limits                where appropriate to ensure compliance
                                                  scheduled intercity and commuter                         and restrictions, or by requiring                      with applicable speed limits at the
                                                  passenger service in this country are                    additional crew communications                         identified locations. If the railroad is
                                                  required to implement PTC Systems by                     regarding applicable passenger train                   required to implement PTC at the
                                                  December 31, 2015. By statute a PTC                      speed limits and restrictions.                         identified locations, implement these
                                                  system must be designed to prevent the                      FRA will continue to focus on                       recommended signal system changes in
                                                  type of overspeed events that occurred                   ensuring passenger railroad compliance                 the interim.
                                                  in the derailments discussed above, as                   with maximum authorized train speeds                      (5) If the railroad does not utilize an
                                                  well as train-to-train collisions,                       and relevant temporary and permanent                   ATC, cab signal, or other signal system
                                                  incursions into roadway work zone                        speed restrictions in the coming
                                                                                                                                                                  capable of providing warning and
                                                  limits, and the movement of a train over                 months, including stepped up
                                                                                                                                                                  enforcement of applicable passenger
                                                  a switch left in the wrong position.                     enforcement actions. These actions will
                                                                                                           include, but will not be limited to, on-               train speed limits (or if a signal system
                                                  Amtrak has indicated that it intends to                                                                         modification would interfere with the
                                                  meet the statutory deadline to install                   board inspections, radar speed
                                                                                                           monitoring at locations of significant                 implementation of PTC or is otherwise
                                                  PTC on the Northeast Corridor. FRA                                                                              not viable) all passenger train
                                                  understands that other passenger                         permanent or temporary speed
                                                                                                           restrictions, monitoring of railroad                   movements at the identified locations be
                                                  railroads in this country have concerns
                                                                                                           officers who conduct operational tests,                made with a second qualified crew
                                                  about their ability to meet the December
                                                                                                           and comprehensive reviews of a                         member in the cab of the controlling
                                                  31, 2015 deadline to install PTC. FRA
                                                  intends to enforce the December 31,                      railroad’s implementation of their                     locomotive, or with constant
                                                  2015 deadline to ensure that PTC is in                   operational tests and inspection                       communication between the locomotive
                                                  use as quickly, safely, and efficiently as               program.                                               engineer and an additional qualified
                                                  possible.                                                   FRA strongly encourages railroads                   and designated crewmember in the body
                                                                                                           and other industry members to re-                      of the train. If the railroad is required to
                                                     Until PTC is in use across the                        emphasize the importance of                            implement PTC at the identified
                                                  passenger railroad systems in this                       compliance with maximum authorized                     locations, implement these
                                                  country, and due to the significant                      train speeds and any applicable speed                  recommended changes in the interim.
                                                  safety concerns presented by the two                     restrictions, and to conduct operational
                                                  accidents described above, FRA believes                                                                            (6) Install additional wayside signage
                                                                                                           testing at a level that will ensure                    alerting engineers and conductors of the
                                                  all passenger railroads and railroads that               compliance with all posted speed
                                                  host passenger service need to evaluate                                                                         maximum authorized passenger train
                                                                                                           restrictions.                                          speed throughout the passenger
                                                  their systems and take immediate                            Recommended Railroad Action: In
                                                  actions to prevent future catastrophic                                                                          railroad’s system or the portions of its
                                                                                                           light of the accidents discussed above,
                                                  overspeed events from occurring.                                                                                system in which passenger service is
                                                                                                           and in an effort to ensure the safety of
                                                     Some railroads have ATC or cab                                                                               operated, with particular emphasis on
                                                                                                           the Nation’s railroads, their employees,
                                                  signal systems 3 that may be modified to                 and the general public, FRA                            additional signage at the identified
                                                  prevent overspeed events at critical                     recommends that passenger railroads                    locations.
                                                  locations such as curves, bridges, and                   and railroads that host passenger                         FRA encourages all railroad industry
                                                  stations, similar to what FRA required                   service 5 do each of the following:                    members to take actions consistent with
                                                  of Amtrak at the May 12, 2015                               (1) Review and implement the                        the preceding recommendations. FRA
                                                  derailment location in EO 31. Where                      recommendations made in FRA Safety                     may modify this Safety Advisory 2015–
                                                  such signal system modifications are                     Advisory 2013–08, which are discussed                  03, issue additional safety advisories, or
                                                  appropriate and would not interfere                      above.                                                 take other appropriate action necessary
                                                  with the timely implementation of                           (2) Review the circumstances of the                 to ensure the highest level of safety on
                                                                                                           fatal May 12, 2015, Philadelphia                       the Nation’s railroads, including pursing
                                                    3 FRA regulations require that ‘‘[p]rior to            derailment with their operating                        other corrective measures under its rail
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  December 31, 2015, where any train is permitted to       employees.
                                                  operate at a speed of 80 or more miles per hour,
                                                                                                                                                                  safety authority.
                                                  an automatic cab signal, automatic train stop, or                                                                 Issued in Washington, DC on June 9, 2015.
                                                                                                             4 FRA recommends that railroads consult with
                                                  automatic train control system complying with the
                                                  provisions of this part [part 236] shall be installed,   FRA if they believe a modification would interfere     Sarah Feinberg
                                                  unless an FRA approved PTC system meeting the            with PTC implementation.                               Acting Administrator.
                                                  requirements of this part [part 236] for the subject       5 This Safety Advisory only applies to the
                                                                                                                                                                  [FR Doc. 2015–14394 Filed 6–11–15; 8:45 am]
                                                  speed and other operating conditions, is installed.’’    portions of the railroad’s system over which
                                                  49 CFR 236.0(d)(1).                                      passenger service is operated.                         BILLING CODE 4910–06–P




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Document Created: 2018-02-22 10:16:35
Document Modified: 2018-02-22 10:16:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of safety advisory.
ContactRon Hynes, Director, Office of Safety Assurance and Compliance, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-6404.
FR Citation80 FR 33585 

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