83_FR_17779 83 FR 17701 - Draft Safety Advisory Related to Temporary Signal Suspensions AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT)

83 FR 17701 - Draft Safety Advisory Related to Temporary Signal Suspensions AGENCY: Federal Railroad Administration (FRA), Department of Transportation (DOT)

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 83, Issue 78 (April 23, 2018)

Page Range17701-17703
FR Document2018-08406

This document provides notice of FRA's intent to issue a Safety Advisory addressing railroad operations under temporary signal suspensions. The Safety Advisory would identify existing industry best practices railroads utilize when implementing temporary signal suspensions and would recommend that railroads conducting rail operations under temporary signal suspensions develop and implement procedures and practices consistent with the identified best practices. The Safety Advisory would also recommend that railroads take certain other actions to ensure the safety of railroad operations during temporary signal suspensions. FRA believes that actions consistent with the draft Safety Advisory will reduce the risk of serious injury or death both to railroad employees and members of the public. FRA invites public comment on all aspects of the draft Safety Advisory.

Federal Register, Volume 83 Issue 78 (Monday, April 23, 2018)
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17701-17703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08406]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0037; Notice No. 1] [Draft Safety Advisory 2018-
01]


Draft Safety Advisory Related to Temporary Signal Suspensions 
AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT)

ACTION: Notice of draft Safety Advisory; request for comment.

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

SUMMARY: This document provides notice of FRA's intent to issue a 
Safety Advisory addressing railroad operations under temporary signal 
suspensions. The Safety Advisory would identify existing industry best 
practices railroads utilize when implementing temporary signal 
suspensions and would recommend that railroads conducting rail 
operations under temporary signal suspensions develop and implement 
procedures and practices consistent with the identified best practices. 
The Safety Advisory would also recommend that railroads take certain 
other actions to ensure the safety of railroad operations during 
temporary signal suspensions. FRA believes that actions consistent with 
the draft Safety Advisory will reduce the risk of serious injury or 
death both to railroad employees and members of the public. FRA invites 
public comment on all aspects of the draft Safety Advisory.

DATES: Interested persons are invited to submit comments on the draft 
Safety Advisory provided below on or before June 22, 2018.

ADDRESSES: Comments in response to this notice may be submitted by any 
of the following methods:
     Website: The Federal eRulemaking Portal, 
www.Regulations.gov. Follow the website's online instructions for 
submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE, 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, docket 
name, and docket number for this notice, Docket No. FRA-2018-0037; 
Notice No. 1. Note that all comments received will be posted without 
change to http://www.Regulations.gov, including any personal 
information provided. Please see the Privacy Act Statement in this 
document.

FOR FURTHER INFORMATION CONTACT: Douglas Taylor, Staff Director, 
Operating Practices, Office of Railroad Safety, FRA, 1200 New Jersey 
Avenue SE, Washington, DC 20590, telephone (202) 493-6255; or Carolyn 
Hayward-Williams, Staff Director, Signal & Train Control Division, 
Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, 
DC 20590, telephone (202) 493-6399.

SUPPLEMENTARY INFORMATION:

Draft Safety Advisory

    A review of FRA's accident/incident data shows that overall, rail 
transportation, both passenger and freight, is safe. However, recent 
rail accidents occurring in areas where a railroad has temporarily 
suspended the signal system, typically for purposes of maintenance, 
repair, or installation of additional components for a new or existing 
system, demonstrate that rail operations during the signal suspension 
present increased safety risks. Further, these accidents show that if 
the increased risks associated with rail operations under a temporary 
signal suspension are not addressed, serious unsafe conditions and 
practices are introduced into rail transportation.
    Most recently, on February 4, 2018, both the engineer and conductor 
of National Railroad Passenger Corporation (Amtrak) Train P09103 were 
killed and 115 passengers injured,\1\ when their train collided head-on 
with a CSX Transportation, Inc. freight train (Train F77703). The 
collision occurred at approximately 2:27 a.m. in Cayce, South Carolina 
when the Amtrak train, traveling south from New York City, New York, to 
Miami, Florida, and operating on a track warrant, was diverted from the 
main track through a misaligned switch. The misaligned switch sent the 
Amtrak train into the siding where the CSX train was parked, resulting 
in a head-on collision with an impact speed of 50 miles per hour (mph). 
The lead locomotive and six of the seven cars in the Amtrak train 
derailed. At the time of the accident, eight Amtrak crew members and 
139 passengers were on board the train.
---------------------------------------------------------------------------

    \1\ Including 92 individuals who were transported to medical 
facilities for treatment and 23 people who received first aid at a 
triage area established near the accident site.
---------------------------------------------------------------------------

    While the cause of the February 4, 2018, accident has not yet been 
determined, FRA's preliminary investigation indicates that despite the 
CSX train crew reporting to the train dispatcher that the switch was 
lined correctly, the crew did not restore the main track switch to its 
normal position as required by Federal regulation (49 CFR 218.105) and 
CSX's own operating rules. Instead, it appears the crew left the switch 
misaligned in the reverse position (i.e., lined for the siding, not the 
main line). Amtrak Train P09103 was the next train to traverse this 
location. The misaligned switch diverted the Amtrak train into the 
siding and into the standing CSX train parked on the siding. Notably, 
CSX signal personnel had suspended the signal system for the area where 
the accident occurred to upgrade the system with positive train control 
(PTC) technology.\2\ Signal personnel had stopped working for the day 
at the time of the accident, yet the temporary signal suspension 
remained in place.
---------------------------------------------------------------------------

    \2\ PTC is a system designed to prevent train-to-train 
collisions, overspeed derailments, incursions into established work 
zone limits, and the movement of a train through a switch left in 
the wrong position, as described in subpart I of 49 CFR part 236 and 
49 U.S.C. 20157(i)(5).
---------------------------------------------------------------------------

    The National Transportation Safety Board (NTSB) is investigating 
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 is also investigating the accident under its own 
authority. 49 U.S.C. 20902; 49 CFR 1.89(a). While NTSB has not yet 
issued any formal findings, on February 13, 2018, NTSB issued a Safety 
Recommendation Report \3\ regarding

[[Page 17702]]

train operations during signal suspensions to FRA. In its report, NTSB 
recommended that FRA issue an emergency order directing railroads to 
require train crews to approach switches at restricted speed when 
signal suspensions are in effect and a switch has been reported relined 
for a main track. NTSB further recommended that after the switch 
position is verified, train crews should be required to report to the 
dispatcher that the switch is correctly lined for the main track before 
subsequent trains are permitted to operate at maximum-authorized speed. 
FRA is issuing this draft Safety Advisory consistent with the NTSB's 
recommendation. Issuance of a Safety Advisory allows FRA to make all 
railroads aware of both the safety concerns identified and information 
and practices that specifically address the issues raised. Moreover, 
issuance of a Safety Advisory provides all railroads the flexibility to 
review and revise their existing operating rules and practices as 
necessary to ensure the safety of their rail operations, without 
imposing rigid, and inherently limited, new requirements on the 
industry.
---------------------------------------------------------------------------

    \3\ NTSB, Safety Recommendation Report: Train Operation During 
Signal Suspension, Report No. RSR-18/01, Recommendation No. R-18-005 
(Feb. 13, 2018), https://www.ntsb.gov/investigations/AccidentReports/Reports/RSR1801.pdf (NTSB Report).
---------------------------------------------------------------------------

    As noted in the NTSB Report, a similar accident occurred on March 
14, 2016, near Granger, Wyoming, when at 9:41 p.m., a westbound Union 
Pacific Railroad (UP) freight train (Train KG1LAC-13) traveled from the 
main track through a switch into a controlled siding and collided head-
on with a standing eastbound UP freight train (Train LCK41-14). The 
collision occurred at a recorded speed of 30 mph and the engineer of 
the striking train sustained minor injuries. Similar to the recent 
accident in Cayce, South Carolina, at the time of this 2016 accident, 
UP was installing and testing PTC technology on the main track. While 
this work was in progress, UP suspended the signals in the area and 
established absolute blocks intended to provide for the safe movement 
of trains through the area without signals. NTSB determined the 
probable cause of the accident was the employee-in-charge incorrectly 
using information from a conversation with the train dispatcher as 
authorization to send a train into the area where the signal system 
suspension was in effect. The NTSB also found that a contributing 
factor was the involved conductor pilot's failure to check the switch 
position before authorizing the train to enter the area.
    The trains involved in both the Cayce, South Carolina, and Granger, 
Wyoming, accidents were operating under temporary signal suspensions 
where the signal systems that would normally govern operations through 
the areas were suspended as the railroads installed additional 
components to comply with the statutory mandate to implement a PTC 
system.
    FRA realizes that railroads suspend signal systems for a variety of 
reasons, including for example, maintenance or repair purposes, to 
install a new system, or to add additional components to an existing 
system. Although temporary signal suspensions are necessarily common 
occurrences, rail operations under signal suspensions should be rare 
and appropriately limited. FRA believes that, as exemplified by the 
accidents described above, rail operations under the temporary loss of 
protections provided by an existing signal system have a high potential 
of introducing new safety risks and amplify the safety risks 
encountered because railroad employees accustomed to the safety an 
existing signal system provides must operate in an environment they may 
not encounter on a regular basis. Indeed, a temporary signal suspension 
requires operating employees to immediately apply operating rules and 
practices different than those to which they are accustomed. Because a 
person's routine may include learned habits that are difficult to set 
aside when a temporary condition is imposed, operating employees may 
also need specialized instruction on the applicable rules and 
practices. Such risks must be addressed to provide for the safety of 
train operations during the loss of protection afforded by the signal 
system. Moreover, if a railroad elects to operate trains in signal 
suspension territory, the scope of the signal suspension should be 
limited in both geographic area and duration and rail operations 
through or within the territory should be limited.
    Federal regulations do not prohibit railroads from temporarily 
suspending existing signal systems for purposes of performing 
maintenance, upgrades, repairs, or implementing PTC technology. 
However, FRA regulations in 49 CFR part 235 require railroads to apply 
for FRA approval for certain discontinuances and modifications of 
signal systems. Specifically, FRA's regulations provide for both a 
formal approval process in 49 CFR 235.5 for a variety of signal system 
changes and also an expedited approval process in 49 CFR 235.6 for 
modifications directly associated with the implementation of a PTC 
system. Although the safety of railroad operations during temporary 
signal suspensions may be addressed under these approval processes, 
part 235 also excludes various signal system changes from FRA approval 
(49 CFR 235.7).
    FRA's regulations also require individual railroads to adopt and 
comply with operating rules addressing the operation of hand-operated 
main track switches. See 49 CFR 218.105. Specifically, Sec.  218.105 
requires railroads to designate in writing the normal position of hand-
operated main track switches and, with limited exceptions, requires 
those switches to be lined and locked in the designated position when 
not in use. That same section requires employees to conduct a job 
briefing before leaving a location where any hand-operated main track 
switch was operated and all crewmembers to communicate to confirm the 
position of the switch. Further, Sec.  218.105 generally requires an 
employee releasing the limits of a main track authority in non-signaled 
territory (including an area under temporary signal suspension) where a 
hand-operated switch is used to clear the main track to report to the 
train dispatcher that the hand-operated main track switch has been 
restored to its normal position and locked, prior to departing the 
switch's location and after conducting the required job briefing. Upon 
the employee's report, Sec.  218.105 requires the train dispatcher to 
repeat the reported switch position information to the employee 
releasing the limits and requires the employee releasing the limits to 
confirm to the train dispatcher that the information is correct.
    In addition to these regulatory requirements, virtually all 
railroads have adopted additional operational protections to ensure the 
safety of rail operations when an existing signal system is temporarily 
suspended. FRA reviewed the current operating practices of several 
railroads and engaged in discussions with these railroads to identify 
the industry's best safety practices related to temporary suspension of 
an existing signal system. As a result of this outreach, FRA believes 
that certain operational safeguards railroads already undertake 
constitute the best practices within the industry when temporarily 
suspending a signal system. These best practices, include:
     Take all practical measures to ensure sufficient personnel 
are present to continue signal work until the system is restored to 
proper operation. If sufficient personnel are not present, the signal 
suspension should be terminated until such time as sufficient personnel 
are on hand.
     If a railroad elects to allow train traffic through 
suspension limits:

[[Page 17703]]

    [cir] Establish the smallest limits possible for the signal 
suspension (if possible, no more than three (3) control points or use 
phased limits to allow restoration of the signal system as work is 
completed);
    [cir] Minimize the duration of the signal suspension to the 
shortest time period possible (if possible, no more than twelve (12) 
hours); and
    [cir] Take all practical measures to ensure only through traffic is 
allowed to operate within the limits (avoiding any train meets or any 
moves requiring the manipulation of switches within the suspension 
limits).
     If any switches within the suspension limits are 
manipulated, consistent with 49 CFR 218.105(d), establish an effective 
means of verifying that all switches have been returned to the proper 
position prior to any train traffic operating through the limits. (For 
example, require spiking or clamping of switches followed by locking 
for through movement after use; utilize a signal employee to tend the 
switch and to establish agreement between assigned crewmembers and the 
switch tender that the switch is properly lined; and/or require the 
first train through the limits after the manipulation of any switch to 
operate at restricted speed).
    Recommendations: Considering the accidents discussed above, and to 
ensure the safety of the Nation's railroads, their employees, and the 
public, FRA recommends that railroads take actions consistent with the 
following:
    1. Develop and implement procedures and practices consistent with 
the industry best practices discussed above for rail operations 
conducted under temporary signal suspensions.
    2. Inform employees of the circumstances surrounding the February 
4, 2018, accident in Cayce, South Carolina, and the March 14, 2016, 
accident near Granger, Wyoming, discussed above, emphasizing the 
potential consequences of misaligned switches and the relevant Federal 
regulations and railroad operating rules intended to prevent such 
accidents.
    3. Review, and as appropriate, revise all operating rules related 
to operating hand-operated main track switches (including operating 
rules required by 49 CFR 218.105(d)), to enhance them to ensure (a) 
train crews and others restore switches to their normal position after 
use, and (b) the position of switches are clearly communicated to train 
control employees and/or dispatcher(s) responsible for the movement of 
trains through the area where the signal system is temporarily 
suspended. In doing so, railroads should pay particular attention to 
those main track switches where employees report clear of the main 
track to the train dispatcher.
    4. Increase supervisory operational oversight and conduct 
operational testing on the applicable operating rules pertaining to the 
operation of hand-operated main track switches. This should include 
face-to-face initial job briefings with all train and engine (T&E) 
crews that will operate in any area where the signal system will be 
temporarily suspended.
    5. Enhance instruction on the relevant operating rules concerning 
the operation of hand-operated main track switches in non-signaled 
areas, including the operating rules required by 49 CFR 218.105(d) 
during both initial and periodic instruction required by 49 CFR 217.11. 
In doing so, railroads should emphasize the applicability of the rules 
to area(s) where the signal system is temporarily suspended and the 
need to ensure and verify that all hand-operated main track switches 
manipulated within any suspension limits have been returned to the 
proper position prior to operating any trains through the limits.
    6. Stress to T&E employees the importance of thorough and accurate 
job briefings when operating hand-operated main track switches, 
particularly in areas where the signal system is temporarily suspended, 
and specifically when releasing main track authority. Ensure adequate 
processes and procedures are in place enabling clear and timely 
communication of switch positions between and among all dispatching, 
T&E, and train control employees responsible for operating, performing 
work, or authorizing trains to operate through areas where the signal 
system is temporarily suspended, including processes and procedures for 
communicating switch position information during shift handovers. 
Encourage employees, in case of any doubt or uncertainty regarding the 
position of such switches, to immediately contact the train dispatcher 
or take other appropriate action to confirm the position of the switch 
prior to authorizing a train to operate through the limits of the area.
    FRA requests public comment on all aspects of this draft Safety 
Advisory.
    Privacy Act Statement: Anyone can search the electronic form of all 
comments received into any of DOT's dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://www.regulations.gov/#!privacyNotice.

    Issued in Washington, DC, on April 18, 2018.
Ronald Louis Batory,
Administrator.
[FR Doc. 2018-08406 Filed 4-20-18; 8:45 am]
 BILLING CODE 4910-06-P



                                                                            Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices                                                    17701

                                             Whether the proposed collection is                      ADDRESSES:   Comments in response to                  train collided head-on with a CSX
                                             necessary for the FHWA’s performance;                   this notice may be submitted by any of                Transportation, Inc. freight train (Train
                                             (2) the accuracy of the estimated                       the following methods:                                F77703). The collision occurred at
                                             burdens; (3) ways for the FHWA to                         • Website: The Federal eRulemaking                  approximately 2:27 a.m. in Cayce, South
                                             enhance the quality, usefulness, and                    Portal, www.Regulations.gov. Follow the               Carolina when the Amtrak train,
                                             clarity of the collected information; and               website’s online instructions for                     traveling south from New York City,
                                             (4) ways that the burden could be                       submitting comments.                                  New York, to Miami, Florida, and
                                             minimized, including the use of                           • Fax: 202–493–2251.                                operating on a track warrant, was
                                             electronic technology, without reducing                   • Mail: Docket Management Facility,                 diverted from the main track through a
                                             the quality of the collected information.               U.S. Department of Transportation,                    misaligned switch. The misaligned
                                             The agency will summarize and/or                        Room W12–140, 1200 New Jersey                         switch sent the Amtrak train into the
                                             include your comments in the request                    Avenue SE, Washington, DC 20590.                      siding where the CSX train was parked,
                                             for OMB’s clearance of this information                   • Hand Delivery: Docket Management                  resulting in a head-on collision with an
                                             collection.                                             Facility, U.S. Department of                          impact speed of 50 miles per hour
                                                                                                     Transportation, 1200 New Jersey                       (mph). The lead locomotive and six of
                                               Authority: The Paperwork Reduction Act                Avenue SE, Room W12–140 on the
                                             of 1995; 44 U.S.C. Chapter 35, as amended;                                                                    the seven cars in the Amtrak train
                                                                                                     Ground level of the West Building,                    derailed. At the time of the accident,
                                             and 49 CFR 1.48.
                                                                                                     between 9 a.m. and 5 p.m., Monday                     eight Amtrak crew members and 139
                                               Issued On: April 17, 2018.                            through Friday, except Federal holidays.              passengers were on board the train.
                                             Michael Howell,                                           Instructions: All submissions must                     While the cause of the February 4,
                                             Information Collection Officer .                        include the agency name, docket name,                 2018, accident has not yet been
                                             [FR Doc. 2018–08394 Filed 4–20–18; 8:45 am]             and docket number for this notice,                    determined, FRA’s preliminary
                                             BILLING CODE 4910–22–P
                                                                                                     Docket No. FRA–2018–0037; Notice                      investigation indicates that despite the
                                                                                                     No. 1. Note that all comments received                CSX train crew reporting to the train
                                                                                                     will be posted without change to http://              dispatcher that the switch was lined
                                             DEPARTMENT OF TRANSPORTATION                            www.Regulations.gov, including any                    correctly, the crew did not restore the
                                                                                                     personal information provided. Please                 main track switch to its normal position
                                             Federal Railroad Administration                         see the Privacy Act Statement in this                 as required by Federal regulation (49
                                                                                                     document.                                             CFR 218.105) and CSX’s own operating
                                             [Docket No. FRA–2018–0037; Notice No. 1]                FOR FURTHER INFORMATION CONTACT:                      rules. Instead, it appears the crew left
                                             [Draft Safety Advisory 2018–01]                         Douglas Taylor, Staff Director,                       the switch misaligned in the reverse
                                                                                                     Operating Practices, Office of Railroad               position (i.e., lined for the siding, not
                                             Draft Safety Advisory Related to                        Safety, FRA, 1200 New Jersey Avenue                   the main line). Amtrak Train P09103
                                             Temporary Signal Suspensions                            SE, Washington, DC 20590, telephone                   was the next train to traverse this
                                             AGENCY: Federal Railroad                                (202) 493–6255; or Carolyn Hayward-                   location. The misaligned switch
                                             Administration (FRA), Department of                     Williams, Staff Director, Signal & Train              diverted the Amtrak train into the siding
                                             Transportation (DOT)                                    Control Division, Office of Railroad                  and into the standing CSX train parked
                                                                                                     Safety, FRA, 1200 New Jersey Avenue                   on the siding. Notably, CSX signal
                                             ACTION: Notice of draft Safety Advisory;                SE, Washington, DC 20590, telephone                   personnel had suspended the signal
                                             request for comment.                                    (202) 493–6399.                                       system for the area where the accident
                                             SUMMARY:   This document provides                       SUPPLEMENTARY INFORMATION:                            occurred to upgrade the system with
                                                                                                                                                           positive train control (PTC) technology.2
                                             notice of FRA’s intent to issue a Safety                Draft Safety Advisory                                 Signal personnel had stopped working
                                             Advisory addressing railroad operations
                                                                                                        A review of FRA’s accident/incident                for the day at the time of the accident,
                                             under temporary signal suspensions.
                                                                                                     data shows that overall, rail                         yet the temporary signal suspension
                                             The Safety Advisory would identify
                                                                                                     transportation, both passenger and                    remained in place.
                                             existing industry best practices railroads                                                                       The National Transportation Safety
                                             utilize when implementing temporary                     freight, is safe. However, recent rail
                                                                                                     accidents occurring in areas where a                  Board (NTSB) is investigating this
                                             signal suspensions and would                                                                                  accident under its legal authority. 49
                                             recommend that railroads conducting                     railroad has temporarily suspended the
                                                                                                     signal system, typically for purposes of              U.S.C. 1101 et seq.; 49 CFR 831.2(b). As
                                             rail operations under temporary signal                                                                        is customary, FRA is participating in the
                                             suspensions develop and implement                       maintenance, repair, or installation of
                                                                                                     additional components for a new or                    NTSB’s investigation and is also
                                             procedures and practices consistent                                                                           investigating the accident under its own
                                             with the identified best practices. The                 existing system, demonstrate that rail
                                                                                                     operations during the signal suspension               authority. 49 U.S.C. 20902; 49 CFR
                                             Safety Advisory would also recommend                                                                          1.89(a). While NTSB has not yet issued
                                             that railroads take certain other actions               present increased safety risks. Further,
                                                                                                     these accidents show that if the                      any formal findings, on February 13,
                                             to ensure the safety of railroad                                                                              2018, NTSB issued a Safety
                                             operations during temporary signal                      increased risks associated with rail
                                                                                                     operations under a temporary signal                   Recommendation Report 3 regarding
                                             suspensions. FRA believes that actions
                                             consistent with the draft Safety                        suspension are not addressed, serious
                                                                                                     unsafe conditions and practices are                   who received first aid at a triage area established
                                             Advisory will reduce the risk of serious                                                                      near the accident site.
                                             injury or death both to railroad                        introduced into rail transportation.                     2 PTC is a system designed to prevent train-to-
                                                                                                        Most recently, on February 4, 2018,                train collisions, overspeed derailments, incursions
                                             employees and members of the public.
amozie on DSK30RV082PROD with NOTICES




                                                                                                     both the engineer and conductor of                    into established work zone limits, and the
                                             FRA invites public comment on all                                                                             movement of a train through a switch left in the
                                                                                                     National Railroad Passenger Corporation
                                             aspects of the draft Safety Advisory.                                                                         wrong position, as described in subpart I of 49 CFR
                                                                                                     (Amtrak) Train P09103 were killed and                 part 236 and 49 U.S.C. 20157(i)(5).
                                             DATES: Interested persons are invited to                115 passengers injured,1 when their                      3 NTSB, Safety Recommendation Report: Train
                                             submit comments on the draft Safety                                                                           Operation During Signal Suspension, Report No.
                                             Advisory provided below on or before                      1 Including 92 individuals who were transported     RSR–18/01, Recommendation No. R–18–005 (Feb.
                                             June 22, 2018.                                          to medical facilities for treatment and 23 people                                                Continued




                                        VerDate Sep<11>2014   17:09 Apr 20, 2018   Jkt 244001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4703   E:\FR\FM\23APN1.SGM   23APN1


                                             17702                          Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices

                                             train operations during signal                          accidents were operating under                        235 also excludes various signal system
                                             suspensions to FRA. In its report, NTSB                 temporary signal suspensions where the                changes from FRA approval (49 CFR
                                             recommended that FRA issue an                           signal systems that would normally                    235.7).
                                             emergency order directing railroads to                  govern operations through the areas                      FRA’s regulations also require
                                             require train crews to approach switches                were suspended as the railroads                       individual railroads to adopt and
                                             at restricted speed when signal                         installed additional components to                    comply with operating rules addressing
                                             suspensions are in effect and a switch                  comply with the statutory mandate to                  the operation of hand-operated main
                                             has been reported relined for a main                    implement a PTC system.                               track switches. See 49 CFR 218.105.
                                             track. NTSB further recommended that                       FRA realizes that railroads suspend                Specifically, § 218.105 requires railroads
                                             after the switch position is verified,                  signal systems for a variety of reasons,              to designate in writing the normal
                                             train crews should be required to report                including for example, maintenance or                 position of hand-operated main track
                                             to the dispatcher that the switch is                    repair purposes, to install a new system,             switches and, with limited exceptions,
                                             correctly lined for the main track before               or to add additional components to an                 requires those switches to be lined and
                                             subsequent trains are permitted to                      existing system. Although temporary                   locked in the designated position when
                                             operate at maximum-authorized speed.                    signal suspensions are necessarily                    not in use. That same section requires
                                             FRA is issuing this draft Safety                        common occurrences, rail operations                   employees to conduct a job briefing
                                             Advisory consistent with the NTSB’s                     under signal suspensions should be rare               before leaving a location where any
                                             recommendation. Issuance of a Safety                    and appropriately limited. FRA believes               hand-operated main track switch was
                                             Advisory allows FRA to make all                         that, as exemplified by the accidents                 operated and all crewmembers to
                                             railroads aware of both the safety                      described above, rail operations under                communicate to confirm the position of
                                             concerns identified and information and                 the temporary loss of protections                     the switch. Further, § 218.105 generally
                                             practices that specifically address the                 provided by an existing signal system                 requires an employee releasing the
                                             issues raised. Moreover, issuance of a                  have a high potential of introducing                  limits of a main track authority in non-
                                             Safety Advisory provides all railroads                  new safety risks and amplify the safety               signaled territory (including an area
                                             the flexibility to review and revise their              risks encountered because railroad                    under temporary signal suspension)
                                             existing operating rules and practices as               employees accustomed to the safety an                 where a hand-operated switch is used to
                                             necessary to ensure the safety of their                 existing signal system provides must                  clear the main track to report to the train
                                             rail operations, without imposing rigid,                operate in an environment they may not                dispatcher that the hand-operated main
                                             and inherently limited, new                             encounter on a regular basis. Indeed, a               track switch has been restored to its
                                             requirements on the industry.                           temporary signal suspension requires                  normal position and locked, prior to
                                                As noted in the NTSB Report, a                       operating employees to immediately                    departing the switch’s location and after
                                             similar accident occurred on March 14,                  apply operating rules and practices                   conducting the required job briefing.
                                             2016, near Granger, Wyoming, when at                    different than those to which they are                Upon the employee’s report, § 218.105
                                             9:41 p.m., a westbound Union Pacific                    accustomed. Because a person’s routine                requires the train dispatcher to repeat
                                             Railroad (UP) freight train (Train                      may include learned habits that are                   the reported switch position
                                             KG1LAC–13) traveled from the main                       difficult to set aside when a temporary               information to the employee releasing
                                             track through a switch into a controlled                condition is imposed, operating                       the limits and requires the employee
                                             siding and collided head-on with a                      employees may also need specialized                   releasing the limits to confirm to the
                                             standing eastbound UP freight train                     instruction on the applicable rules and               train dispatcher that the information is
                                             (Train LCK41–14). The collision                         practices. Such risks must be addressed               correct.
                                             occurred at a recorded speed of 30 mph                  to provide for the safety of train                       In addition to these regulatory
                                             and the engineer of the striking train                  operations during the loss of protection              requirements, virtually all railroads
                                             sustained minor injuries. Similar to the                afforded by the signal system. Moreover,              have adopted additional operational
                                             recent accident in Cayce, South                         if a railroad elects to operate trains in             protections to ensure the safety of rail
                                             Carolina, at the time of this 2016                      signal suspension territory, the scope of             operations when an existing signal
                                             accident, UP was installing and testing                 the signal suspension should be limited               system is temporarily suspended. FRA
                                             PTC technology on the main track.                       in both geographic area and duration                  reviewed the current operating practices
                                             While this work was in progress, UP                     and rail operations through or within                 of several railroads and engaged in
                                             suspended the signals in the area and                   the territory should be limited.                      discussions with these railroads to
                                             established absolute blocks intended to                    Federal regulations do not prohibit                identify the industry’s best safety
                                             provide for the safe movement of trains                 railroads from temporarily suspending                 practices related to temporary
                                             through the area without signals. NTSB                  existing signal systems for purposes of               suspension of an existing signal system.
                                             determined the probable cause of the                    performing maintenance, upgrades,                     As a result of this outreach, FRA
                                             accident was the employee-in-charge                     repairs, or implementing PTC                          believes that certain operational
                                             incorrectly using information from a                    technology. However, FRA regulations                  safeguards railroads already undertake
                                             conversation with the train dispatcher                  in 49 CFR part 235 require railroads to               constitute the best practices within the
                                             as authorization to send a train into the               apply for FRA approval for certain                    industry when temporarily suspending
                                             area where the signal system suspension                 discontinuances and modifications of                  a signal system. These best practices,
                                                                                                     signal systems. Specifically, FRA’s                   include:
                                             was in effect. The NTSB also found that
                                                                                                     regulations provide for both a formal                    • Take all practical measures to
                                             a contributing factor was the involved
                                                                                                     approval process in 49 CFR 235.5 for a                ensure sufficient personnel are present
                                             conductor pilot’s failure to check the
                                                                                                     variety of signal system changes and                  to continue signal work until the system
                                             switch position before authorizing the
amozie on DSK30RV082PROD with NOTICES




                                                                                                     also an expedited approval process in                 is restored to proper operation. If
                                             train to enter the area.
                                                The trains involved in both the Cayce,               49 CFR 235.6 for modifications directly               sufficient personnel are not present, the
                                             South Carolina, and Granger, Wyoming,                   associated with the implementation of a               signal suspension should be terminated
                                                                                                     PTC system. Although the safety of                    until such time as sufficient personnel
                                             13, 2018), https://www.ntsb.gov/investigations/
                                                                                                     railroad operations during temporary                  are on hand.
                                             AccidentReports/Reports/RSR1801.pdf (NTSB               signal suspensions may be addressed                      • If a railroad elects to allow train
                                             Report).                                                under these approval processes, part                  traffic through suspension limits:


                                        VerDate Sep<11>2014   17:09 Apr 20, 2018   Jkt 244001   PO 00000   Frm 00061   Fmt 4703   Sfmt 4703   E:\FR\FM\23APN1.SGM   23APN1


                                                                            Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices                                                  17703

                                                Æ Establish the smallest limits                      attention to those main track switches                (65 FR 19477), or you may visit http://
                                             possible for the signal suspension (if                  where employees report clear of the                   www.regulations.gov/#!privacyNotice.
                                             possible, no more than three (3) control                main track to the train dispatcher.                     Issued in Washington, DC, on April 18,
                                             points or use phased limits to allow                       4. Increase supervisory operational                2018.
                                             restoration of the signal system as work                oversight and conduct operational                     Ronald Louis Batory,
                                             is completed);                                          testing on the applicable operating rules             Administrator.
                                                Æ Minimize the duration of the signal                pertaining to the operation of hand-
                                                                                                                                                           [FR Doc. 2018–08406 Filed 4–20–18; 8:45 am]
                                             suspension to the shortest time period                  operated main track switches. This
                                             possible (if possible, no more than                                                                           BILLING CODE 4910–06–P
                                                                                                     should include face-to-face initial job
                                             twelve (12) hours); and                                 briefings with all train and engine (T&E)
                                                Æ Take all practical measures to                     crews that will operate in any area
                                             ensure only through traffic is allowed to                                                                     DEPARTMENT OF TRANSPORTATION
                                                                                                     where the signal system will be
                                             operate within the limits (avoiding any                 temporarily suspended.                                Pipeline and Hazardous Materials
                                             train meets or any moves requiring the                     5. Enhance instruction on the relevant             Safety Administration
                                             manipulation of switches within the                     operating rules concerning the operation
                                             suspension limits).                                     of hand-operated main track switches in               [Docket No. PHMSA–2018–0008]
                                                • If any switches within the                         non-signaled areas, including the
                                             suspension limits are manipulated,                                                                            Pipeline Safety: Information Collection
                                                                                                     operating rules required by 49 CFR                    Activities
                                             consistent with 49 CFR 218.105(d),
                                                                                                     218.105(d) during both initial and
                                             establish an effective means of verifying                                                                     AGENCY: Pipeline and Hazardous
                                                                                                     periodic instruction required by 49 CFR
                                             that all switches have been returned to                                                                       Materials Safety Administration, DOT.
                                                                                                     217.11. In doing so, railroads should
                                             the proper position prior to any train
                                                                                                     emphasize the applicability of the rules              ACTION: Notice and request for
                                             traffic operating through the limits. (For
                                                                                                     to area(s) where the signal system is                 comments.
                                             example, require spiking or clamping of
                                                                                                     temporarily suspended and the need to
                                             switches followed by locking for                                                                              SUMMARY:    On February 12, 2018, in
                                                                                                     ensure and verify that all hand-operated
                                             through movement after use; utilize a                                                                         accordance with the Paperwork
                                                                                                     main track switches manipulated within
                                             signal employee to tend the switch and                                                                        Reduction Act of 1995, the Pipeline and
                                             to establish agreement between assigned                 any suspension limits have been
                                                                                                     returned to the proper position prior to              Hazardous Materials Safety
                                             crewmembers and the switch tender                                                                             Administration (PHMSA) published a
                                             that the switch is properly lined; and/                 operating any trains through the limits.
                                                                                                        6. Stress to T&E employees the                     notice in the Federal Register (83 FR
                                             or require the first train through the                                                                        6088) inviting comments on the
                                             limits after the manipulation of any                    importance of thorough and accurate job
                                                                                                     briefings when operating hand-operated                information collection identified by
                                             switch to operate at restricted speed).                                                                       OMB control number 2137–0049 that
                                                Recommendations: Considering the                     main track switches, particularly in
                                                                                                     areas where the signal system is                      expires on April 30, 2018. PHMSA is
                                             accidents discussed above, and to                                                                             requesting an extension with no change
                                             ensure the safety of the Nation’s                       temporarily suspended, and specifically
                                                                                                     when releasing main track authority.                  for this information collection.
                                             railroads, their employees, and the                                                                             During the public comment period,
                                             public, FRA recommends that railroads                   Ensure adequate processes and
                                                                                                     procedures are in place enabling clear                PHMSA received no comments in
                                             take actions consistent with the                                                                              response to the information collection.
                                             following:                                              and timely communication of switch
                                                                                                     positions between and among all                       PHMSA received six comments that did
                                                1. Develop and implement procedures                                                                        not pertain to the information collection
                                             and practices consistent with the                       dispatching, T&E, and train control
                                                                                                     employees responsible for operating,                  request. PHMSA is publishing this
                                             industry best practices discussed above                                                                       notice to provide the public with an
                                             for rail operations conducted under                     performing work, or authorizing trains
                                                                                                     to operate through areas where the                    additional 30 days to comment on the
                                             temporary signal suspensions.                                                                                 renewal of the information collection
                                                2. Inform employees of the                           signal system is temporarily suspended,
                                                                                                     including processes and procedures for                referenced above and to announce that
                                             circumstances surrounding the February
                                                                                                     communicating switch position                         the Information Collection Request will
                                             4, 2018, accident in Cayce, South
                                                                                                     information during shift handovers.                   be submitted to OMB for approval.
                                             Carolina, and the March 14, 2016,
                                             accident near Granger, Wyoming,                         Encourage employees, in case of any                   DATES: Interested persons are invited to
                                             discussed above, emphasizing the                        doubt or uncertainty regarding the                    submit comments on or before May 23,
                                             potential consequences of misaligned                    position of such switches, to                         2018 to be assured of consideration.
                                             switches and the relevant Federal                       immediately contact the train dispatcher              FOR FURTHER INFORMATION CONTACT:
                                             regulations and railroad operating rules                or take other appropriate action to                   Angela Dow by telephone at 202–366–
                                             intended to prevent such accidents.                     confirm the position of the switch prior              1246, by email at angela.dow@dot.gov,
                                                3. Review, and as appropriate, revise                to authorizing a train to operate through             by fax at 202–366–4566, or by mail at
                                             all operating rules related to operating                the limits of the area.                               U.S. Department of Transportation,
                                             hand-operated main track switches                          FRA requests public comment on all                 PHMSA, 1200 New Jersey Avenue SE,
                                             (including operating rules required by                  aspects of this draft Safety Advisory.                PHP–30, Washington, DC 20590–0001.
                                             49 CFR 218.105(d)), to enhance them to                     Privacy Act Statement: Anyone can                  ADDRESSES: You may submit comments
                                             ensure (a) train crews and others restore               search the electronic form of all                     identified by the docket number
                                             switches to their normal position after                 comments received into any of DOT’s                   PHMSA–2018–0008 by any of the
amozie on DSK30RV082PROD with NOTICES




                                             use, and (b) the position of switches are               dockets by the name of the individual                 following methods:
                                             clearly communicated to train control                   submitting the comment (or signing the                  • Fax: 1–202–395–5806.
                                             employees and/or dispatcher(s)                          comment, if submitted on behalf of an                   • Mail: Office of Information and
                                             responsible for the movement of trains                  association, business, labor union, etc.).            Regulatory Affairs, Records
                                             through the area where the signal                       You may review DOT’s complete                         Management Center, Room 10102
                                             system is temporarily suspended. In                     Privacy Act Statement in the Federal                  NEOB, 725 17th Street NW,
                                             doing so, railroads should pay particular               Register published on April 11, 2000                  Washington, DC 20503, ATTN: Desk


                                        VerDate Sep<11>2014   17:09 Apr 20, 2018   Jkt 244001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\23APN1.SGM   23APN1



Document Created: 2018-04-21 00:33:14
Document Modified: 2018-04-21 00:33:14
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 draft Safety Advisory; request for comment.
DatesInterested persons are invited to submit comments on the draft Safety Advisory provided below on or before June 22, 2018.
ContactDouglas Taylor, Staff Director, Operating Practices, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone (202) 493-6255; or Carolyn Hayward-Williams, Staff Director, Signal & Train Control Division, Office of Railroad Safety, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590, telephone (202) 493-6399.
FR Citation83 FR 17701 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR