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Statement of Need: Effective Federal safety standards for freight equipment have long been in place, but equivalent Federal standards for key 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: There was no alternative to initiating this rulemaking, as it is required by Federal statute. Nevertheless, FRA considers what specific safety standards to prescribe in the context of the rail passenger industry's own safety efforts. In particular, FRA expects that its consideration of what safety standards to prescribe in the second phase of the rulemaking will be significantly influenced by the American Public Transit Association's own safety standards for rail passenger equipment, currently under development.

Anticipated Costs and Benefits: The first phase of the rulemaking is not expected to have any significant net economic impact on the rail passenger industry. FRA expects that costs will be offset by economic savings resulting from reducing current regulatory burdens involving the inspection, testing and maintenance of power brakes for passenger trains, while still ensuring safety. Further, safety benefits will accrue as rail accidents are prevented or their effects are mitigated due to the rule's requirements, including restrictions on operating passenger equipment not having necessary structural or emergency features for the safety of passengers and crewmembers.

Risks: In the last seven 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.