The Federal Railroad Administration (FRA) on Oct. 23 and 24 published two successive, related Notices of Proposed Rulemaking (NPRMs) the agency says will enhance railroad track safety by requiring railroads to include, under certain conditions, visual inspections when operating an Automated Track Geometry Measurement System (ATGMS), set timeframes by which railroads must act to remediate any track defects identified, and place restrictions on obtaining waivers for automated inspection.
The NPRMs (download below) are 49 CFR Part 211, Docket No. FRA-2024-0032, Track Geometry Measurement System (TGMS) Inspections; and 49 CFR Part 211, Docket No. FRA-2024-0033, Procedures for Waivers and Safety-Related Proceedings.
Track Geometry Measurement System (TGMS) Inspections: FRA is proposing ”regulations to amend 49 CFR part 213, Track Safety Standards (TSS), which prescribe the minimum safety requirements for railroad track. The proposed changes would require all Class I and II railroads, as well as intercity passenger railroads and commuter railroads, to operate a qualifying TGMS, at specified frequencies on all Class 1 through 5 main line and controlled siding track that transports: (1) annual tonnage greater than 10 MGT; (2) regularly scheduled passenger rail service; or (3) trains containing hazardous materials, as defined in 49 CFR 171.8. FRA also proposes increasing the required frequency of TGMS inspections on Class 6 track.
“Currently, the TSS require TGMS inspections for high-speed track (Class 6 through 9), and lower speed track (Class 1 through 5) where the cant deficiency is more than 5 inches. As noted above, FRA research indicates that all the railroads that would be subject to this proposed rule are already performing all visual inspections required by the TSS in addition to voluntarily performing TGMS inspections at or above the frequency that would be required by this NPRM. Thus, this NPRM would codify this industry practice as well as set forth requirements that include remedial action of detected track geometry defects within a specified timeframe, training, and record-keeping.
“The NPRM proposes adding 49 CFR 213.236 to 49 CFR part 213, subpart F, and making conforming changes to § 213.333 to require TGMS inspections at least three times within a 365-day period on Class 1 through 5 main line and controlled siding tracks that meets one of three stated requirements, and all of Class 6 track. There would be no change to the current frequency requirement for Class 7 and above track. The TGMS must be capable of transmitting data in a manner that permits the track owner to take proper remedial action within one hour of detection of a defect. This one-hour timeframe would represent the maximum permitted time between when a TGMS detects a geometry defect and when a track owner must take remedial action.
“The NPRM also proposes certain record-keeping and training requirements for TGMS inspections, as well as minimum requirements for what must be included in TGMS reports.
“The NPRM also proposes certain changes to § 213.241 and identical changes to § 213.339. FRA proposes updating the list of types of inspections that are required to produce reports that conform with the requirements of §§ 213.241(b) and 213.339(b), most significantly adding special inspections (§§ 213.239 and 213.367) to this list. These special visual inspections are required after a specific occurrence, such as a fire or flood or storm, that may have damaged the track structure. Under current FRA enforcement practices, these inspections have historically not been required to be documented. Documenting the data, as proposed will help railroads to reduce risk of track damage from these events by ensuring the inspections are performed, if possible, prior to train traffic. Also, these inspections improve FRA oversight since without them, it can be difficult to confirm that a required inspection was performed. Further, FRA proposes revising the requirement for electronic record-keeping to add additional safeguards such as requiring training on the proper use of the system, access controls, and an information technology security program to ensure adequate integrity of the system.”
“TGMS technology, developed through an FRA-led research effort in collaboration with the rail industry, has been proven to quickly and accurately detect small changes in track geometry, and this proposed rulemaking would codify a standard for TGMS inspection frequencies to ensure that railroads live up to their safety responsibilities, now and in the future,” said FRA Administrator Amit Bose. “Workers performing visual inspections remain essential, as visual inspections check for numerous conditions beyond the scope of track geometry. By requiring TGMS inspections in addition to the currently required visual inspections, FRA proposes to enhance safety while promoting innovation through the use of technology.”
Procedures for Waivers and Safety-Related Proceedings: This proposed rule, the agency says, “would update FRA’s procedures for waivers and safety-related proceedings to define the two components of the statutory waiver and suspension standard, ‘in the public interest’ and “consistent with railroad safety.” By defining these terms, FRA intends to clarify the standard the agency will apply when evaluating petitions for regulatory relief. FRA also proposes to require petitions for relief to include evidence of meaningful consultation with appropriate stakeholders. Additionally, FRA proposes to make minor updates to agency rules of practice.”
Touting “Unprecedented Actions”
With a Presidential election now just days away, the U.S. Department of Transportation and FRA have been, aside from doling out billions in grants, trumpeting that the Biden-Harris Administration has taken “unprecedented actions to improve rail safety“:
- “Finalizing new safety regulations: USDOT has taken historic steps to improve the safety of railroads for workers and communities through rulemaking.
- Train Crew Size Safety Requirements: FRA issued a long-awaited rule that ensures trains are safely staffed by establishing minimum safety requirements for the size of train crews. The new rule will enhance safety in the rail industry by generally requiring and emphasizing the importance and necessity of a second crewmember on all trains.
- Certification of Signal and Dispatcher Employees: FRA issued final rules to require railroads to develop written programs for certifying dispatchers and signal employees.
- Requiring Emergency Escape Breathing Apparatus: FRA issued a final rule requiring railroads to provide emergency escape breathing apparatus to train crews and other employees when transporting certain hazardous materials.
- Advanced Notification for First Responders: The Pipeline and Hazardous Materials Safety Administration issued a final rule to require railroads to always maintain — and update in real-time — accurate, electronic information about rail hazmat shipments in a train consist that would be accessible to authorized emergency response personnel.
- “Utilizing safety oversight authorities: FRA is consistently drawing attention to emerging rail safety concerns with more than 20 Safety Advisories and Bulletins combined over the past three years; holding railroads accountable through enforcement action; assessing one of the highest amounts ever in the agency’s records for Class I freight railroads in 2023; and undertaking new, focused efforts to ensure safety, such as conducting safety audits and examining the nation’s high-hazard flammable train routes following the 2023 Norfolk Southern derailment in East Palestine, Ohio.
- “Expanding a vital safety program to include workers at Class I freight railroads: [A] growing number of workers employed at the Class I freight railroads can finally report their experiences to FRA’s Confidential Close Call Reporting System (C3RS) — a vital safety program that allows workers to confidentially report unsafe events and share valuable insight to prevent future incidents.
- “Deploying historic infrastructure investments: USDOT continues to deploy the historic resources from President Biden’s Bipartisan Infrastructure Law to upgrade rail infrastructure and improve the safety of communities across the country, notably through FRA’s Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program and Railroad Crossing Elimination Program.”
Comments Railway Age Capitol Hill Contributing Editor Frank N. Wilner: “This speaks strongly as to the highly partisan and long-term destructive agenda of Amit Bose, who has a high probability of being retained by Kamala Harris if she wins the White House. However, he might also be seeking a higher position within the Department of Transportation. Bose has been a darling of the pro-labor Biden Administration for pursuing a rail labor agenda, such as blocking implementation of productivity-enhancing technology and ignoring his agency’s statute requiring rail safety rulemakings be based on benefit/cost analysis. Costs for FRA’s Dispatcher Certification rule exceed benefits by 7 to 1; and for Signal Maintainer Certification, costs exceed benefits by 3 to 1, meaning there is no safety case for either. And with no objective evidence showing an improved safety outcome, Bose ordered preservation of two-person train crews—a decision now under review by a federal appellate court. He has impeded technological innovation for train braking and track inspection (with the 5th Circuit Court of Appeals twice overturning and remanding a proposed rule) and has sidetracked FRA’s collaboration with railroad scientists on safety research.”
Railway Age Editor-in-Chief William C. Vantuono contributed to this story, an update of a prior report.
