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Statement of Need: Effective Federal safety standards for freight equipment have long been in place, but equivalent Federal standards for certain aspects of railroad passenger equipment do not exist. Further, the rail passenger environment is rapidly changing. Worldwide, operating speeds are increasing and several passenger trainsets have been proposed for operation at high speeds in the United States. A clear set of Federal safety standards for passenger equipment is needed to provide for the safety of the nation's rail passenger service.

Summary of the Legal Basis: This rulemaking is required by section 215 of the Federal Railroad Safety Authorization Act of 1994, PL 103-440.

Alternatives: The proposed rule permits railroads under specified conditions to obtain special approval to comply with safety standards in the alternative to certain of those standards specifically prescribed in the rule. In addition, the proposed rule allows railroads to petition FRA to operate equipment that does not specifically comply with individual standards in the rule, provided the railroad can demonstrate that the equipment will otherwise operate at a level of safety at least equivalent to that afforded by the provisions of the rule with which the equipment does not comply. FRA would expect an analysis showing the effectiveness of clearly compensating features, such as closing grade crossings, providing absolute separation of lighter rail equipment from heavy rail equipment, or using highly capable signal and train control systems that significantly reduce the probability of accidents caused by human error.

Anticipated Costs and Benefits: The rule is expected to save the passenger rail industry a Net Present Value (NPV) of approximately $40.6 million over the next 20 years. The estimated NPV of the total 20-year costs associated with the rule is $41.0 million, and the estimated NPV of the total 20-year savings (economic benefits) expected to accrue from the rule is $81.6 million. The total net impact of the proposed rule could be a savings of $26.6 million, however, depending on the results of fire safety analyses and accompanying remedial action required by the rule. Overall, the net savings results from reducing current regulatory burdens specifically involving the inspection, testing, and maintenance of power brakes for passenger trains, and by providing for safety through less burdensome requirements proposed as part of a comprehensive set of passenger equipment safety regulations. Additional benefits will accrue, although such benefits have not been estimated, as rail accidents are prevented or their effects are mitigated by restricting the use of passenger equipment not having necessary structural or emergency features, by providing for comprehensive mechanical inspections, and by requiring system safety planning, in addition to other safety requirements.

Risks: In the last six years there have been at least six passenger train accidents which resulted in more than one train occupant fatality. Notably, on February 16, 1996, a Maryland Rail Commuter Service (MARC) train collided with an Amtrak train near Silver Spring, Maryland, resulting in the deaths of three crewmembers and eight passengers on board the MARC train. Further, passenger trains are exposed to risks from operating commingled with very heavy and long freight trains, as well as from operating over track with frequent grade crossings used by heavy highway equipment. However, comprehensive Federal safety standards governing the design, maintenance, and safety planning of rail passenger equipment do not currently exist.