ordered on or after April 7, 2008, or first placed in service on or
after January 1, 2012, the APTA emergency lighting standard requires an
independent power source to be located within the car body and placed
no more than a half-car length away from the fixture it powers in the
event the main car battery is not able to power the system. This system
must also be capable of operating in all equipment orientations. The
APTA emergency lighting standard contains additional design and
performance criteria for batteries that are used as independent power
sources. It also contains rigorous requirements for periodic testing of
batteries used as independent power sources.
    FRA notes that Sec.  238.307 requires railroads to perform periodic
mechanical inspections of passenger equipment, including passenger
cars. Specifically, that section requires the inspection of interior
and exterior mechanical components not less frequently than every 184
days. As part of this inspection, railroads have been required to
verify that all emergency lighting systems are in place and operational
as specified in this Sec.  238.115. The APTA emergency lighting
standard contains more detailed periodic inspection and maintenance
requirements, including the conduct of periodic tests to confirm the
minimum illumination levels and duration no less frequently than every
eight years on a representative sample of cars or areas. However, if
the first two cars or areas tested exceed the minimum illumination
levels by a factor of 4 or greater, no further testing is required of
that particular representative sample until the next required periodic
test eight years later, according to the APTA emergency lighting
standard. Importantly, the APTA standard also requires railroads to
replace each sealed battery that is used as an independent power source
for an emergency light circuit at two-year intervals, unless the
lighting circuit can be manually turned off or is equipped with
controllers that automatically prevent unnecessary battery discharge,
or other measures are taken to prevent routine discharge (e.g.,
maintaining equipment on wayside power or head-end power). If so
equipped, the APTA standard requires that the battery-replacement
interval be according to the manufacturer's specifications, or if not
specified, at least every five years. For emergency lighting systems
that use capacitors as independent power sources, a functional test of
the devices shall be conducted as part of the periodic inspection. Due
to their long life, the two-year replacement requirement does not apply
to capacitor-based energy storage devices. However, a functional test
of the devices shall be conducted as part of the periodic inspection.
The APTA standard also requires initial verification tests on at least
one representative car or area of a car for each emergency lighting
system layout to ensure compliance with the minimum duration and
illumination levels.
    FRA has reviewed the APTA emergency lighting standard it is
incorporating by reference and has determined that the standard
contains the proper specifications for emergency lighting in passenger
cars. FRA believes that compliance with the APTA standard requirements
identified in this section will help ensure effective operation of
emergency lighting in new passenger cars. Establishment of requirements
for older, existing equipment will help ensure emergency lighting
systems are capable of providing sufficient illumination for occupants
to retain situational awareness in the event normal lighting is not
available, particularly in the event of an emergency situation. FRA
expects that almost all affected railroads are already in compliance
with the APTA standard requirements. Some railroads, including
railroads that are not members of APTA, are not currently in compliance
with the APTA standard requirements. To allow railroads that are not
currently in compliance with the APTA standard requirements enough time
to comply with the requirements, FRA is phasing in the requirements of
this section, as discussed above.
Section 238.121 Emergency Communications
    This section contains requirements for PA and intercom systems so
that passengers and train crewmembers may communicate with each other
in an emergency.
    FRA is clarifying the requirements in paragraph (a)(2) of this
section, which applies to new Tier I and all Tier II passenger cars.
FRA is inserting the word ``after'' directly before the date ``April 1,
2010.'' The previous omission of the word ``after'' in this paragraph
was a typographical error, which was evident from the discussion of
this provision in the 2008 PTES final rule. See 73 FR 6389. Insertion
of ``after'' in the rule text makes clear that the requirements of this
paragraph (a)(2) apply to each Tier I passenger car ordered on or after
April 1, 2008, or placed in service for the first time on or after
April 1, 2010--not only on April 1, 2010, as well as to all Tier II
passenger cars. This clarification does not result in substantive
change to the requirements contained in this section.
    In addition, FRA is amending paragraph (b)(2) of this section,
which contains requirements for marking the location of each intercom
intended for passenger use and providing operating instructions.
Specifically, prior to January 28, 2016, this paragraph continues to
require that the location of each intercom intended for passenger use
be clearly marked with luminescent material and that legible and
understandable operating instructions be posted at or near each such
intercom to facilitate passenger use. Paragraph (b)(2)(i). A new
provision, paragraph (b)(2)(ii), now provides that on or after January
28, 2016, each intercom intended for passenger use shall be marked in
accordance with section 5.4.2 of the APTA emergency signage standard.
Notably, the APTA standard for emergency signage incorporated into this
rule includes specific requirements for the use of luminescent marking
materials, thereby enhancing the former requirements in this paragraph
for luminescent material at intercom locations. Legible and
understandable operating instructions shall also continue to be posted
at or near each such intercom to facilitate passenger use.
    FRA believes that the compliance dates in paragraph (b)(2) are
consistent with the Task Force's intent to allow for sufficient
implementation time to transition to the newer requirements.
Accordingly, photoluminescent markings that were installed in
accordance with the 2008 PTES final rule continue to remain in
compliance for the first two years following the effective date of this
rule, as provided in paragraph (b)(2)(i). The requirements in paragraph
(b)(2)(ii) then become applicable to both Tier I and Tier II passenger
equipment two years from the effective date of this final rule.
    Paragraph (c) of this section continues to require that PA and
intercom systems on all new Tier I passenger rail cars, as explained
below, and all Tier II passenger cars have back-up power for

a minimum period of 90 minutes. An example of a back-up power source is
the main battery in a passenger car. The only change FRA is making
clarifies the applicability of this paragraph, which was originally
added by the 2008 PTES final rule without any express applicability
dates. The back-up power requirements have the same applicability dates
as those for intercom systems in the PTES final rule. That is,
paragraph (c) applies to each Tier I passenger rail car ordered on or
after April 1, 2008, or placed in service for the first time on or
after April 1, 2010, and to all Tier II passenger cars. While FRA
believes that the application of paragraph (c) is understood from a
reading of this section as a whole, adding these dates removes any
confusion that may arise.
Section 238.123 Emergency Roof Access
    This section contains emergency roof access requirements for Tier I
and Tier II passenger cars ordered on or after April 1, 2009, or placed
in service for the first time on or after April 1, 2011. Requirements
for Tier II power cars and existing Tier II passenger cars are found in
Sec.  238.441.
    Paragraph (e) of this section contains specific requirements for
marking, and providing instructions for, emergency roof access
locations. This rule amends paragraph (e) to reference the APTA
emergency signage standard in new Sec.  238.125 for marking emergency
roof access locations and providing instructions for their use.
Paragraph (e) of this section formerly required that each emergency
roof access location be conspicuously marked with retroreflective
material as defined in Sec.  238.5 and be of contrasting color, and
that legible and understandable instructions be provided near each
emergency roof access location. Section 6 of the APTA emergency signage
standard contains design requirements for rescue access information for
emergency responders, and section 6.1.3 of the standard specifically
addresses emergency roof access locations. The APTA standard is more
comprehensive than the former requirements in paragraph (e) of this
section.
    The use of retroreflective material is intended to enable emergency
responders to quickly identify emergency roof access locations by
shining a light directly onto the car roof, and the instructions are
intended to promote the proper use of the emergency roof access feature
by emergency responders. To maximize the potential use of the required
retroreflective material, this paragraph (e) now references the
requirements of Sec.  238.125, which incorporates by reference APTA's
emergency signage standard for retroreflective material. Please see the
discussion in Sec.  238.114 of retroreflective material requirements in
the APTA emergency signage standard. Overall, FRA believes that
compliance with the APTA emergency signage standard will help ensure
that the retroreflective material markings for emergency roof access
are conspicuous and that the instructions are legible, thereby
facilitating emergency responder access to passenger cars.
Section 238.125 Markings and Instructions for Emergency Egress and
Rescue Access
    To enhance the requirements for markings and instructions for
passenger car emergency egress and rescue access, FRA is adding a new
section that incorporates by reference APTA Standard PR-PS-S-002-98
(previously SS-PS-002-98), Rev. 3, ``Standard for Emergency Signage for
Egress/Access of Passenger Rail Equipment,'' October 2007. This new
section also permits use of an alternative standard providing at least
an equivalent level of safety if approved by FRA pursuant to Sec.
238.21. FRA notes that it intends the term ``markings'' to encompass
the term ``emergency signage,'' as an emergency sign is a type of
marking.
    Generally, the APTA emergency signage standard provides that each
passenger rail car have interior emergency signage to assist passengers
and train crewmembers in locating and operating emergency exits in
order to safely evacuate as necessary from the rail car or train during
an emergency situation. The APTA standard also addresses exterior
emergency signage to assist emergency responders in locating and
operating features and systems to access the rail equipment.
    FRA and passenger railroads recognize that, in the majority of
emergency situations, the safest place for passengers and crewmembers
is typically on the train. Should evacuation from a particular car be
required, the safest course of action for passengers and crew is
normally to move into an adjacent car. Staying on the train avoids or
minimizes the hazards inherent in evacuating passengers onto the
railroad right-of-way. The APTA emergency signage standard was designed
to achieve the desired goal of facilitating passenger and crew egress
from potentially life-threatening situations in passenger rail cars, as
well as offer flexibility in application.
    Individual railroads have the responsibility to design, install,
and maintain an emergency signage system that is compatible with their
internal safety policies for emergency evacuation and rescue access,
while complying with the performance criteria specified in the APTA
emergency signage standard. The APTA standard is intended to increase
the overall effectiveness of the emergency signage by specifying
requirements related to signage that include: recognition, design,
location, size, color and contrast, and materials. Incorporation of the
more detailed APTA standard's requirements helps ensure that emergency
exits are more easily identified and operated by passengers and train
crewmembers to evacuate a passenger car during an emergency and also
that rescue access systems are more easily identified and used by
emergency responders.
    As noted above, Sec.  238.307 requires railroads to perform
periodic mechanical inspections of passenger equipment, including
passenger cars. The periodic mechanical inspection requires the
inspection of interior and exterior mechanical components not less
frequently than every 184 days. As part of this inspection, railroads
have been required to verify that all safety-related signage is in
place and legible. See Sec. Sec.  238.305(c)(7) and 238.307(c)(12). The
APTA emergency signage standard specifies more detailed periodic
inspection and maintenance related to emergency egress and rescue
access signage. Notably, as with the APTA LLEEPM standard, discussed
below, the APTA emergency signage standard provides that railroads
verify that all emergency signage system components function as
intended. In particular, section <IP_ADDRESS> of the APTA emergency signage
standard addresses photoluminescent (including HPPL) systems in
passenger rail cars and provides that passenger railroads:
     Conduct tests and inspections in conformance with APTA
standard PR-IM-S-005-98 (previously SS-I&M-005-98), Rev. 2, ``Standard
for Passenger Compartment Periodic Inspection and Maintenance,''
September 2003, a copy of which has been placed in the public docket
for this rulemaking;
     Conduct periodic tests and inspections to verify that all
emergency signage system components, including power sources, function
as intended; and
     Conduct periodic illuminance tests to confirm that
photoluminescent components receive adequate charging light no less
frequently than once every 8 years, with the first test conducted no

later than 8 years after a car has been placed in service for the first
time, for only the following components:
    1. HPPL signs/markings placed in areas designed or maintained with
normal light levels of less than 5 foot candles; and
    1. Grandfathered PL materials, where the sign/marking is placed in
an area designed or maintained with normal light levels of less than 10
foot candles.
    If all of the illuminance levels in the first two randomly-selected
representative sample cars/areas exceed the minimum required to charge
the photoluminescent components set forth in this standard by at least
a factor of 2, no further testing is required for the cars/areas
represented by the sample car/area tested for the periodic inspection
cycle.
    FRA has reviewed the APTA emergency signage standard it is
incorporating by reference and has determined that the standard
contains appropriate specifications for emergency signage and markings
for egress and access so that passenger car occupants may identify and
operate emergency exits and emergency responders may identify and use
rescue access features. FRA believes that compliance with the APTA
standard identified in this section ensures effective use of signage
and markings for emergency egress and rescue access.
    FRA expects that almost all affected railroads are already in
compliance with the APTA emergency signage standard, while some
railroads, including railroads that are not members of APTA, are not
currently in compliance. To allow railroads that are not currently in
compliance with the APTA standard sufficient time to get into
compliance, this section is not applicable until one year from the
effective date of this final rule. Consequently, to ensure continued
application of FRA's existing signage and marking requirements until
this section is applicable, in each separate section in which this
section is referenced applicability dates have been inserted that
conform with the applicability date for this section. FRA's existing
signage and marking requirements continue to apply in this interim
period.
Section 238.127 Low-Location Emergency Exit Path Marking
    To facilitate passenger car evacuation, particularly under
conditions of limited visibility, FRA is adding this new section that
incorporates by reference APTA's LLEEPM standard: PR-PS-S-004-99
(previously SS-PS-004-99), Rev. 2, ``Standard for Low-Location Exit
Path Marking,'' October 2007. This section also permits the use of an
alternative standard providing at least an equivalent level of safety,
if approved by FRA pursuant to Sec.  238.21.
    Generally, the APTA LLEEPM standard was developed to establish
minimum requirements for LLEEPM in both existing and new passenger cars
to provide visual guidance for passengers and train crewmembers to
identify, reach, and operate primary exits during conditions of limited
visibility when the emergency lighting system has failed or when smoke
conditions obscure overhead emergency lighting. The APTA standard
requires that each passenger rail car have an LLEEPM system, visible in
the area from the floor to a horizontal plane 4 feet (1.22 m) above the
aisle of the rail car, to provide directional guidance to passengers to
exit an affected car to the adjacent car (or, at the option of the
railroad, exit off the train). The LLEEPM system, by virtue of its
location in or near the rail car floor, is intended to assist
passengers and train crewmembers in identifying the path to exit a rail
car in an emergency under conditions of darkness and especially smoke.
    The requirement for an LLEEPM system is also intended to complement
the emergency signage that has been required by FRA regulation and
thereby increase the overall effectiveness of such signage systems to
enable passengers and train crewmembers to locate, reach, and operate
emergency exits under a greater range of emergency situations,
particularly life-threatening circumstances involving smoke. Much like
the APTA emergency signage standard, the APTA LLEEPM standard specifies
requirements related to the selection of the physical characteristics,
informational content, and placement of LLEEPM systems for installation
within passenger rail cars to provide consistent identification of both
primary and, under certain conditions, secondary exits, as well as the
path(s) to follow to reach such exits.
    As noted above, Sec.  238.307 requires railroads to perform
periodic mechanical inspections of passenger equipment, including
passenger cars. The periodic mechanical inspection requires the
inspection of interior and exterior mechanical components not less
frequently than every 184 days. As part of this inspection, railroads
have been required to verify that all vestibule steps are illuminated.
See Sec.  238.305(c)(9). The APTA LLEEPM standard specifies additional
periodic inspection and maintenance related to LLEEPM signage and
markings. Notably, section 9.2 of the APTA LLEEPM standard requires
railroads to conduct periodic inspections and tests to verify that all
LLEEPM system components, including power sources, function as
intended. See section 9.2. Like the APTA emergency signage standard,
the LLEEPM standard also requires railroads to test a representative
sample of passenger rail cars or areas using a statistically-valid,
documented sampling method.
    FRA has reviewed the APTA LLEEPM standard it is incorporating in
this rule and has determined that the standard contains appropriate
specifications for LLEEPM systems. FRA believes that compliance with
the APTA standard identified in this section helps ensure that
passenger car occupants are able to identify, reach, and operate
primary egress points during an emergency.
    FRA expects that almost all affected railroads are already in
compliance with the APTA LLEEPM standard, while some railroads,
including railroads that are not members of APTA, are not currently in
compliance. To allow railroads that are not currently in compliance
with the APTA standard sufficient time to get into compliance, this
section is not applicable until one year from the effective date of
this final rule.
Section 238.235 Doors
    FRA has removed Sec.  238.235 and moved the requirements of this
section to new Sec.  238.112, for user convenience and to consolidate
the requirements of this part for conciseness. Section 238.235
principally contained requirements for exterior side doors in passenger
cars and features capable of opening the doors to exit or access the
cars in an emergency situation. The safety requirements are unchanged.
Section 238.112 consolidates all door emergency egress and rescue
access system requirements into one section from Sec. Sec.  238.235,
238.439, and 239.107 that apply, as specified, to all passenger cars.
Because all of the requirements in Sec.  238.235 have been moved to new
Sec.  238.112, no requirements remain in Sec.  238.235, and it is
reserved for future use.
Section 238.303 Exterior Calendar Day Mechanical Inspection of
Passenger Equipment
    This section contains the requirements related to the performance
of exterior mechanical inspections of each passenger car (i.e.,
passenger coach, MU locomotive, and cab car) and each unpowered vehicle
used in a passenger train each calendar day that the equipment is
placed in service. FRA is revising paragraph (e)(18) of this section
only to update the cross

reference to the marking requirements for door emergency egress and
rescue access systems from former Sec.  239.107(a) to new Sec.
238.112. The final rule consolidates door emergency egress and rescue
access system requirements into new Sec.  238.112, as discussed above.
As part of this consolidation, requirements to mark these systems have
been moved from former Sec.  239.107(a) to new Sec.  238.112, which in
turn references new Sec.  238.125, discussed above. Paragraph (e)(18)
has been updated accordingly as a conforming change; no other change is
intended.
Section 238.305 Interior Calendar Day Mechanical Inspection of
Passenger Cars
    This section contains the requirements related to the performance
of interior mechanical inspections of passenger cars each calendar day
that the cars are placed in service. FRA is clarifying paragraph (a) of
this section; adding new paragraphs (c)(11) and (13) to address the
inspection of LLEEPM systems, as well as the inspection of removable
panels and windows in vestibule doors and certain other interior
passageway doors; and amending paragraph (d) to reference new paragraph
(c)(11).
    Paragraph (a) sets forth the general requirement for passenger car
interior calendar day mechanical inspections and formerly referenced
paragraph (d) of this section as providing an exception to the general
requirement for long-distance intercity passenger trains that have been
delayed en route. This cross-reference to paragraph (d) was in error
and was caused by a previous re-designation of the original paragraph
(d) that should have been updated in paragraph (a). See 65 FR 41308. As
previously re-designated, paragraph (e) of this section contains the
exception. Accordingly, FRA is correcting the reference in paragraph
(a) from paragraph (d) to paragraph (e).
    Paragraph (c) of this section identifies the various components
that require visual inspection as part of the interior calendar day
mechanical inspection. Inspection, testing, and maintenance of
emergency systems helps ensure that these systems are either available
for use in the event of an emergency, or that the train crew is aware
that they are not available. In turn, this information helps provide
for more effective and safe resolution of emergency situations.
    FRA is adding two new paragraphs to paragraph (c). First, paragraph
(c)(11) is added to require the daily inspection of LLEEPM systems to
ensure that they are in place and conspicuous. LLEEPM systems are
required in new Sec.  238.127. Nonetheless, FRA has amended paragraph
(d) of this section to allow flexibility for safely operating a
passenger car in service with a noncompliant LLEEPM system found during
the car's interior calendar day mechanical inspection until the next
required daily inspection, so as not to unduly disrupt normal passenger
operations.
    Paragraph (c)(13) is also added to ensure that removable panels and
windows in vestibule doors and other interior doors used for passage
through a passenger car are properly in place and secured, based on a
visual inspection performed during the interior calendar day mechanical
inspection. Paragraph (c)(13) affords special flexibility for handling
noncompliant equipment, provided that the railroad has developed and
follows written procedures for mitigating the hazard(s) caused by the
noncomplying condition and the train crew is given written notification
of the defect. Thus, a passenger car with an inoperative or
nonfunctioning removable panel or removable window in a vestibule door
or other interior passageway door is permitted to remain in passenger
service after the noncompliant condition is discovered until no later
than the car's fourth interior calendar day mechanical inspection or
next periodic mechanical inspection required under Sec.  238.307,
whichever occurs first, or for a passenger car used in long-distance
intercity train service, until the eighth interior calendar day
mechanical inspection or next periodic mechanical inspection required
under Sec.  238.307, whichever occurs first. At that time, the
removable panel or removable window in the door must be repaired, or
the car must be removed from service.
Section 238.307 Periodic Mechanical Inspection of Passenger Cars and
Unpowered Vehicles Used in Passenger Trains
    This section contains the requirements related to the performance
of periodic mechanical inspections of all passenger cars and all
unpowered vehicles used in a passenger train. Paragraph (c) of this
section specifically identifies interior and exterior mechanical
components that are required to be inspected not less frequently than
every 184 days. FRA is modifying paragraph (c)(4) of this section to
add requirements for inspecting and testing a representative sample of
door removable panels and windows, manual override devices, and
retention mechanisms, in accordance with Sec.  238.112. (Please note
that existing paragraph (d)(1) of this section contains a separate
requirement to inspect manual door releases not less frequently than
every 368 days, to determine that all manual door releases operate as
intended.) FRA is also relocating the requirement for inspecting and
repairing emergency window exits from Sec.  239.107 to this paragraph.
In this regard, FRA continues to require that records of emergency
window exit inspection, testing, and maintenance be retained for two
calendar years after the end of the calendar year to which they relate,
as formerly required by Sec.  239.107(c). In particular, FRA is
concerned that sufficient records be kept of periodic emergency window
exit testing, which FRA is moving from Sec.  239.107(b) to Sec.
238.113(e). Further, FRA is modifying paragraph (c)(5) of this section
to add requirements for the inspection, testing, and maintenance of
LLEEPM systems, as required by Sec.  238.127, to ensure that they are
operational.
    The inspection, testing, and maintenance of emergency systems help
to ensure that these systems are available for use in the event of an
emergency. This allows for more effective and safe resolutions of
emergency situations.
Section 238.311 Single Car Test
    In the NPRM, FRA had proposed to amend this section to update the
name of APTA, ``American Public Transportation Association,'' and its
address, 1666 K Street NW., Washington, DC 20006. However, FRA has
decided not to amend this section at this time. FRA's changes would
have been mere technical corrections. Moreover, this section does not
address passenger train emergency systems, which are the focus of this
rulemaking, but rather the testing of passenger brake equipment. Any
revision to this section will be addressed in a separate rulemaking
proceeding.
Section 238.439 Doors
    This section has contained the requirements for door safety systems
for Tier II passenger cars. As noted, FRA is consolidating the
requirements of this section applicable to both Tier I and Tier II
passenger cars, together with those in its former Tier I counterpart
(former Sec.  238.235), and restating them in a single, new section:
Sec.  238.112. The requirements that are unique to Tier II passenger
equipment remain in this section.
    Specifically, FRA is removing former paragraphs (a), (b), (e), and
(g) of this section, which are now addressed by the requirements of new
Sec.  238.112. The remaining paragraphs, former paragraphs (c), (d),
and (f) of this

section, are re-designated as paragraphs (a) through (c), respectively.
Former paragraphs (c) and (d) have no counterpart in the Tier I
equipment requirements and remain in this section. Former paragraph
(f), re-designated as paragraph (c), is revised to limit its
applicability effectively to existing Tier II passenger cars.
    Paragraph (a) of this section, formerly paragraph (c), now requires
the status of powered, exterior side doors to be displayed to the crew
in the operating cab and, if door interlocks are used, the sensors to
detect train motion must nominally be set to operate at not more than 3
mph. Paragraph (b) of this section, formerly paragraph (d), requires
that powered, exterior side doors be connected to an emergency back-up
power system. Both paragraphs are otherwise unchanged.
    Paragraph (c) of this section, formerly paragraph (f), requires
passenger compartment end doors to be equipped with a kick-out panel,
pop-out window, or other similar means of egress in the event the doors
will not open, or be so designed as to pose a negligible probability of
becoming inoperable in the event of car body distortion following a
collision or derailment. This paragraph does not apply to such doors
providing access to the exterior of a trainset, however, as in the case
of an end door in the last car of a train. As revised, this paragraph's
applicability is limited to Tier II passenger cars both ordered prior
to the effective of this final rule and placed in service within four
years after the effective date of this final rule. To date, no kick-out
panel, pop-out window, or other similar means of emergency egress has
been placed in a Tier II passenger car, on the basis that the end
compartment doors, as designed, pose a negligible probability of
failure due to car body distortion following a collision or derailment.
All new Tier II passenger cars are now subject to the more
comprehensive requirement in new Sec.  238.112 related to equipping
vestibule doors and other interior doors intended for passage through a
passenger car with a removable panel or removable window.
Section 238.441 Emergency Roof Access
    This section contains emergency roof access requirements for Tier
II passenger cars and Tier II power cars. Please see the 2008 PTES
final rule for a full discussion of the requirements of this section.
73 FR 6395-6396.
    Specifically, paragraph (a) of this section contains requirements
for marking, and providing instructions for, emergency roof access
locations in Tier II passenger cars and Tier II power cars ordered
prior to April 1, 2009, and placed in service prior to April 1, 2011.
This rule amends paragraph (a) to reference the APTA emergency signage
standard in new Sec.  238.125 for marking emergency roof access
locations and providing instructions for their use. Please see Sec.
238.125 for a discussion of the APTA emergency signage standard
relating to the marking of emergency roof access locations. Each
emergency roof access location continues to be required to be
conspicuously marked with retroreflective material of contrasting
color, and legible and understandable instructions must continue to be
provided near the emergency roof access location. To enhance the
potential use of the required retroreflective material, this paragraph
now references the requirements of Sec.  238.125, which incorporates by
reference APTA's emergency signage standard for retroreflective
material. FRA believes that compliance with the APTA standard
identified in Sec.  238.125 will ensure that retroreflective material
markings for emergency roof access are conspicuous and that the
instructions are legible, thereby facilitating emergency responder
access to passenger cars.
    Paragraphs (b) and (c) of this section apply, respectively, to Tier
II passenger cars and Tier II power cars ordered on or after April 1,
2009, or placed in service for the first time on or after April 1,
2011. Paragraph (b) references the requirements in Sec.  238.123 in
full, and paragraph (c) references the marking and instruction
requirements in Sec.  238.123. Accordingly, the marking and instruction
requirements in Sec.  238.125 apply to the Tier II passenger equipment
covered by paragraphs (b) and (c) of this section, by the reference to
Sec.  238.125 that is now provided in Sec.  238.123.
Appendix A to Part 238--Schedule of Civil Penalties
    This appendix contains a schedule of civil penalties for use in
connection with this part. Because such penalty schedules are
statements of agency policy, notice and comment are not required prior
to their issuance. See 5 U.S.C. 553(b)(3)(A). Nevertheless, FRA invited
comment on the penalty schedule; however, no comments were received.
    Accordingly, FRA is amending the penalty schedule to reflect the
addition of the following sections to this part 238: Sec.  238.112,
Door emergency egress and rescue access systems; Sec.  238.125, Marking
and instructions for emergency egress and rescue access; and Sec.
238.127, Low-location emergency exit path marking. FRA is also removing
and reserving the entry for Sec.  238.235, whose requirements have been
integrated into Sec.  238.112.

B. Amendments to Part 239, Subpart B

Section 239.105 Debriefing and Critique
    FRA is clarifying the debriefing and critique requirements in this
section by expressly requiring train crew participation in debriefing
and critique sessions. This section has required a debriefing and
critique session after each passenger train emergency situation or
full-scale simulation to evaluate the effectiveness of the railroad's
emergency preparedness plan. The railroad is then required to improve
or amend its plan, or both, as appropriate, in accordance with the
information developed. Employees directly involved in the emergency
situation or full-scale simulation have valuable first-hand knowledge
of the event. Participation by these employees in the debriefing and
critique session is necessary to evaluate the effectiveness of the
emergency preparedness plan, and FRA is clarifying this requirement to
reflect this necessary participation.
    The rule now specifies that, to the extent practicable, all on-
board personnel, control center personnel, and any other employees
involved in the emergency situation or full-scale simulation shall
participate in the debriefing and critique session. The rule also makes
clear the flexibility that exists for employees to participate in these
sessions by one or more of the following means: in person; offsite via
teleconference; or in writing, by a statement responding to questions
provided prior to the session, and by responding to any follow-up
questions. FRA believes that these clarifications will help to ensure
that the debriefing and critique sessions provide meaningful
information for railroads to use in furthering their emergency
preparedness planning efforts.
Section 239.107 Emergency Exits
    FRA is removing Sec.  239.107 and moving the requirements formerly
contained in this section into Sec. Sec.  238.112 and 238.307.
Requirements formerly contained in Sec.  239.107 related to doors have
been moved to Sec.  238.112. Requirements formerly contained in Sec.
239.107 and related to windows have been moved to Sec.  238.307. FRA
believes that the consolidation of these requirements makes the
regulation more user-friendly, which helps facilitate compliance with
its requirements. FRA

has not made substantive changes to the requirements formerly contained
in this section in moving them to these other sections. Of course, FRA
notes that it has amended the requirements for emergency exits as
discussed in this rule.
Appendix A to Part 239--Schedule of Civil Penalties
    This appendix contains a schedule of civil penalties for use in
connection with this part. Because such penalty schedules are
statements of agency policy, notice and comment are not required prior
to their issuance. See 5 U.S.C. 553(b)(3)(A). Nevertheless, FRA invited
comment on the penalty schedule; however, no comments were received.
    Accordingly, FRA has revised the schedule of civil penalties in
issuing this rule to reflect revisions made to this part 239.
Specifically, FRA is removing and reserving the entry for Sec.
239.107, whose requirements have been integrated into new Sec.  238.112
and into Sec.  238.307.

VI. Regulatory Impact and Notices

A. Executive Orders 12866 and 13563, and DOT Regulatory Policies and
Procedures

    This final rule has been evaluated in accordance with existing
policies and procedures and determined to be non-significant under both
Executive Order 12866 and 13563 and DOT policies and procedures. See 44
FR 11034; February 26, 1979. FRA has prepared and placed in the docket
a Regulatory Evaluation addressing the economic impact of this final
rule. As part of the Regulatory Evaluation, FRA has assessed
quantitative estimates of the cost streams expected to result from the
implementation of this rule. For the 20-year period analyzed, the
estimated quantified costs imposed on industry total $22.7 million with
a present value (PV, 7 percent) of $13.1 million. In particular, FRA
considered the industry costs associated with complying with the three
APTA passenger train emergency systems standards incorporated by
reference in this rule, installation of removable panels or windows in
single-panel vestibule doors of new passenger cars, requirements for
bi-parting vestibule doors, and inspection, testing, and maintenance of
the emergency systems.
    In analyzing the final rule, FRA has applied updated ``Guidance on
the Economic Value of a Statistical Life in US Department of
Transportation Analyses,'' March 2013. This policy updates the Value of
a Statistical Life (VSL) from $6.2 million to $9.1 million and revises
guidance used to compute benefits based on injury and fatality
avoidance in each year of the analysis based on forecasts from the
Congressional Budget Office of a 1.07 percent annual growth rate in
median real wages over the next 30 years (2013-2043). FRA also adjusted
wage-based labor costs in each year of the analysis accordingly. Real
wages represent the purchasing power of nominal wages. Non-wage inputs
are not impacted. The cost and benefit drivers for this analysis are
labor costs and avoided casualties, both of which in turn depend on
wage rates.
    FRA believes that $13.1 million is the best estimate of regulatory
cost. For more details on the costing of this rule, please see the
Regulatory Evaluation found in the docket. The requirements that are
expected to impose the largest burdens relate to emergency lighting,
door/removable panels or windows (or bi-parting doors), and emergency
egress and rescue access marking and instructions. The table below
presents the estimated costs associated with the rule.

                       20-Year Cost for Final Rule
------------------------------------------------------------------------

------------------------------------------------------------------------
Door Removable Panels or Windows, and Bi-Parting Doors..      $4,564,599
Emergency Lighting......................................       1,845,309
Emergency Egress and Rescue Access Marking and                 4,845,853
 Instructions...........................................
Low-Location Emergency Exit Path Markings...............       1,378,352
Debriefing and Critique.................................             N/A
Inspection, Testing, and Recordkeeping (APTA Standards).          44,750
                                                         ---------------
  Total.................................................      13,074,863
------------------------------------------------------------------------
Future costs are discounted to present value using a 7 percent discount
  rate.

    As part of the Regulatory Evaluation, FRA has explained what the
likely benefits for this final rule are, and provided a break-even
analysis. This rulemaking is expected to improve railroad safety by
promoting the safe resolution of emergency situations involving
passenger trains, including the evacuation of passengers and
crewmembers in the event of an emergency. The primary benefits include
a heightened safety environment in egress from a passenger train and
rescue access by emergency response personnel after an accident or
other emergency. This corresponds to a reduction of casualties
resulting from collisions, derailments, and other emergency situations.
FRA believes the value of the anticipated safety benefits justify the
cost of implementing the rule.

B. Regulatory Flexibility Act and Executive Order 13272

    To ensure potential impacts of rules on small entities are properly
considered, FRA has developed this final rule in accordance with
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') and DOT's procedures and policies to promote
compliance with The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.).
    The Regulatory Flexibility Act requires an agency to review
regulations to assess their impact on small entities. An agency must
prepare a regulatory flexibility analysis (RFA) unless it determines
and certifies that a rule, if promulgated, would not have a significant
economic impact on a substantial number of small entities.
    This final rule requires each commuter and intercity passenger
railroad to comply with three APTA standards, as well as requirements
for installation of removable panels or windows in single-panel
vestibule doors and other interior passageway doors of new passenger
cars, bi-parting vestibule doors, and inspection, testing, and
maintenance of these emergency systems. The APTA standards are: PR-E-S-
013-99 (previously SS-E-013-99), Rev. 1, Standard for Emergency
Lighting System Design for Passenger Cars; PR-PS-S-004-99 (previously
SS-PS-004-99), Rev. 2, Standard for Low-Location Exit Path Marking
(LLEPM); and PR-PS-S-002-98 (previously SS-PS-002-98), and Rev. 3.
Standard for Emergency Signage for Egress/Access of Passenger Rail
Equipment. Many railroads have already implemented these APTA standards
in advance of this rulemaking.
    The ``universe'' of the entities to be considered generally
includes only those small entities that are reasonably expected to be
directly regulated by this action. This final rule directly affects
intercity passenger railroads and commuter railroads. It indirectly
impacts manufacturers of passenger cars, marking related to emergency
egress and rescue access, and low-location emergency exit path marking.
    ``Small entity'' is defined in 5 U.S.C. 601. Section 601(3) defines
a ``small entity'' as having the same meaning as ``small business
concern'' under Section 3 of the Small Business Act. This includes any
small business concern that is independently owned and operated, and is
not dominant in its field of operation. Section 601(4) likewise
includes within the definition

of ``small entities'' not-for-profit enterprises that are independently
owned and operated, and are not dominant in their field of operation.
The U.S. Small Business Administration (SBA) stipulates in its size
standards that the largest a railroad business firm that is ``for
profit'' may be and still be classified as a ``small entity'' is 1,500
employees for ``Line Haul Operating Railroads'' and 500 employees for
``Switching and Terminal Establishments.'' Additionally, 5 U.S.C.
601(5) defines as ``small entities'' governments of cities, counties,
towns, townships, villages, school districts, or special districts with
populations less than 50,000.
    Federal agencies may adopt their own size standards for small
entities in consultation with SBA and in conjunction with public
comment. Pursuant to that authority, FRA has published a final
statement of agency policy that formally establishes ``small entities''
or ``small businesses'' as being railroads, contractors, and hazardous
materials shippers that meet the revenue requirements of a Class III
railroad as set forth in 49 CFR 1201.1-1, which is $20 million or less
in inflation-adjusted annual revenues; and commuter railroads or small
governmental jurisdictions that serve populations of 50,000 or less.
See 68 FR 24891, May 9, 2003, codified at Appendix C to 49 CFR, part
209. The $20 million-limit is based on the Surface Transportation
Board's (STB), revenue threshold for a Class III railroad. Railroad
revenue is adjusted for inflation by applying a revenue deflator
formula in accordance with 49 CFR 1201.1-1. FRA is using this
definition for this rulemaking.
    FRA developed the requirements contained in this final rule in
consultation with an RSAC Working Group and task force that included
representatives from Amtrak, individual commuter railroads, individual
passenger car manufacturers, sign manufacturers and suppliers, and
APTA, which represents the interests of commuter railroads and
passenger car manufacturers in regulatory matters.
    The level of costs incurred by each organization should generally
vary in proportion to the size of their passenger car fleet. For
instance, railroads with fewer passenger cars have lower overall costs
associated with implementing these standards. In the United States,
there are currently 2 intercity passenger railroads, and 28 commuter
railroad operations. The two intercity passenger railroads, Amtrak and
the Alaska Railroad, are not considered to be small entities as Amtrak
is a Class I railroad and the Alaska Railroad is a Class II railroad.
Additionally, the Alaska Railroad is owned by the State of Alaska,
which has a population in excess of 50,000.
    Most commuter railroads are part of larger transportation
organizations that receive Federal funds and serve major metropolitan
areas with populations greater than 50,000. However, two commuter
railroads do not fall in this category and are considered small
entities. The impact on these two small railroads is discussed in the
following section.
    The first small entity impacted by this regulation is a commuter
train operation that provides express service to and from a sporting
event approximately seven times per year. A Class III railroad owns and
operates the 6 bi-level passenger cars used for this commuter
operation. The impact on this entity may include upgrades related to
achieving compliance with the 2007 APTA standards for emergency
lighting, emergency signage, and low-location exit path markings. The
costs associated with completing these upgrades for the railroad are
estimated to range between $14,482 and $28,694, depending on the
existing level of compliance and could be spread over 2 to 3 years.
Since this railroad provides service under contract to a State
institution, it may be able to pass some or all of the compliance cost
on to that institution. FRA published this analysis in the Initial
Regulatory Flexibility Analysis (IRFA) that accompanied the NPRM and
requested comments on the Analysis but did not receive any on this
estimate. Thus, the small entity itself is not significantly impacted.
    The second small entity impacted by this regulation is a commuter
railroad that is owned by a Class III railroad. Out of its entire fleet
of 9 cars, FRA estimates that 4 cars may need emergency lighting
upgrades to comply with the new emergency lighting requirement. The
costs associated with the upgrades of these 4 cars are estimated to be
$18,758, which could be spread over 2 to 3 years. FRA also published
this estimate in the IRFA that accompanied the NPRM and requested
comments on the Analysis but did not receive any on this estimate.
    The final rule requires railroads to test a representative sample
of passenger railcars in accordance with the APTA LLEPM standard, using
the procedures in Annex F or another statistically-valid, documented
sampling method. The estimated cost of inspection/recordkeeping is
$1,500 per car over the 20-year period analyzed. This cost was included
in the total cost for each of the small entities above. This regulation
only requires that a small percentage of each fleet be tested. Due to
the size of the fleet of each of these small entities, it is estimated
that only one car per fleet will need to be tested. The recordkeeping
burden on the railroad industry is estimated to be 5 additional minutes
per new car introduced to the fleet. FRA assumed that a ``Maintenance
of Equipment & Stores'' \2\ employee would prepare the records. Neither
of these railroads is operating newly-built cars. They both operate
cars purchased from other passenger railroads.
---------------------------------------------------------------------------

    \2\ STB Data Statement No. B-300 for Year 2012 indicates that
``Maintenance of Equipment & Stores'' personnel earn, on average, a
``straight time rate'' of $27.20 per hour.
---------------------------------------------------------------------------

    FRA believes that the two small entities directly impacted will not
be affected significantly. One of the entities should be able to pass
these costs on to a public entity. The other entity will likely only
need to upgrade the emergency lighting in four cars, and FRA does not
believe that will have a significant financial impact on their
operations.
    During the public comment period following publication of the NPRM,
FRA did not receive any comments discussing the IRFA or Executive Order
13272. FRA certifies that the final rule will not have any significant
economic impact on the competitive position of small entities, or on
the small entity segment of the railroad industry as a whole.
    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 605(b)), FRA
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities. Although a
substantial number of small railroads will be affected by the final
rule, none of these two entities will be significantly impacted.

C. Paperwork Reduction Act

    The information collection requirements in this final rule are
being submitted to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The sections that contain both new and current
information collection requirements, and the estimated time to fulfill
each requirement, are summarized in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
             CFR Section                  Respondent  universe       Total annual  responses     Average time per response    Total annual burden hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
238.112--Door emergency egress and
 rescue access systems (New
 requirements):
    --Conspicuously marking/posting   30 railroads...............  45,804 markings/             15 minutes.................  11,451 hours.
     instructions on emergency                                      instructions.
     egress doors.
    --Marking/posting instructions    30 railroads...............  30,536 markings............  15 minutes.................  7,634 hours.
     on emergency responder access
     doors.
    --Marking/posting instructions    30 railroads...............  1,340 panel markings.......  15 minutes.................  335 hours.
     on removable panels/windows in
     car vestibule and other
     interior passageway doors.
    --Periodic testing:               30 railroads...............  17 tested cars.............  90 minutes.................  26 hours.
     representative sample--
     removable panels/windows/etc.
238.113--Emergency window exits:
    --Markings (Current requirement)  30 railroads...............  662 markings...............  60 minutes, 90 minutes.....  964 hours.
    --Periodic testing:               30 railroads...............  17 tested cars.............  120 minutes, 30 minutes....  9 hours.
     representative sample of
     emergency window exits on
     passenger cars (Current
     requirement).
238.114--Rescue access windows:
    --Markings/instructions on each   30 railroads...............  1,092 markings.............  45 minutes.................  819 hours.
     access window (Current
     requirement).
238.121--Emergency communications:
 intercom system:
    --Posting legible/understandable  30 railroads...............  116 marked intercoms.......  5 minutes..................  10 hours.
     operating instructions at/near
     each intercom (Current
     requirement).
238.123--Emergency roof access:
    --Marking/instructions of each    30 railroads...............  232 marked locations.......  30 minutes.................  116 hours.
     emergency roof access location
     (Current requirement).
238.303--Exterior calendar day
 mechanical inspection of passenger
 equipment:
    --Replacement markings of rescue  30 railroads...............  150 markings...............  20 minutes.................  50 hours.
     access related exterior
     markings, signs, instructions
     (Current requirement).
238.303--Records of non-complying     30 railroads...............  150 records................  2 minutes..................  5 hours.
 conditions (Current requirement).
238.305--(Current requirements)
 Interior calendar day inspection of
 passenger cars:
    --Non-complying end/side doors--  30 railroads...............  260 written notifications +  1 minute...................  9 hours.
     written notification to crew of                                260 notices.
     condition + notice on door.
    --Non-complying public address/   30 railroads...............  300 notifications written..  1 minute...................  5 hours.
     intercom systems: written
     notification to crews.
    --Records of public address/      30 railroads...............  300 records................  2 minutes..................  10 hours.
     intercom system non-complying
     conditions.
New requirements:
    --Written procedure for           30 railroads...............  30 written procedures......  40 hours...................  1,200 hours.
     mitigating hazards of non-
     complying conditions relating
     to removable panels/windows in
     vestibule and other interior
     passageway doors.
    --Written notification to train   30 railroads...............  458 notices................  2 minutes..................  15 hours.
     crew of non-complying condition
     relating to panels/windows in
     vestibule and other interior
     passageway doors.
238.307--Periodic mechanical
 inspection of passenger cars:
    --Records of the inspection,      30 railroads...............  7,634 car inspections/       5 minutes..................  636 hours.
     testing, and maintenance of                                    records.
     emergency window exits (Current
     requirement).
    --Emergency roof markings and     30 railroads...............  32 markings................  20 minutes.................  11 hours.
     instructions--replacements
     (Current requirement).
238.311--Single car test:
    --Copies of APTA Standard SS-M-   30 railroads...............  30 copies..................  15 minutes.................  8 hours.
     005-98 to railroad head
     training person (Current
     requirement).
    --Copies to other railroad        30 railroads...............  360 copies.................  2 minutes..................  12 hours.
     personnel.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    All estimates include the time for reviewing instructions,
searching existing data sources, gathering or maintaining the needed
data, and reviewing the information. For information or a copy of the
paperwork package submitted to OMB, contact Mr. Robert Brogan,
Information Clearance Officer, Federal Railroad Administration, at 202-
493-6292 (Robert.Brogan@dot.gov), or Ms. Kimberly Toone, Records
Management Officer, Federal Railroad Administration, at<PHONE_NUMBER>
(Kimberly.Toone@dot.gov).
    Organizations and individuals desiring to submit comments on the
collection of information requirements should direct them to the Office
of Management and Budget, Office of Information and Regulatory Affairs,
Washington, DC 20503, Attention: FRA Desk Officer. Comments may also be
sent via email to the Office of Management and Budget at the following
address<EMAIL_ADDRESS>    OMB is required to make a decision concerning the collection of
information requirements contained in this final rule between 30 and 60
days after publication of this document in the Federal Register.
Therefore, a comment

to OMB is best assured of having its full effect if OMB receives it
within 30 days of publication.
    FRA is not authorized to impose a penalty on persons for violating
information collection requirements that do not display a current OMB
control number, if required. FRA intends to obtain current OMB control
numbers for any new information collection requirements resulting from
this rulemaking action prior to the effective date of this final rule.
The OMB control number, when assigned, will be announced by separate
notice in the Federal Register.

D. Federalism Implications

    Executive Order 13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999),
requires FRA to develop an accountable process to ensure ``meaningful
and timely input by State and local officials in the development of
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' are defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' Under Executive Order 13132, the agency
may not issue a regulation with federalism implications that imposes
substantial direct compliance costs and that is not required by
statute, unless the Federal government provides the funds necessary to
pay the direct compliance costs incurred by State and local
governments, the agency consults with State and local governments, or
the agency consults with State and local government officials early in
the process of developing the regulation. Where a regulation has
federalism implications and preempts State law, the agency seeks to
consult with State and local officials in the process of developing the
regulation.
    This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132. This rule will not have a
substantial effect on the States or their political subdivisions; it
does not impose any substantial direct compliance costs; and it will
not affect the relationships between the Federal government and the
States or their political subdivisions, or the distribution of power
and responsibilities among the various levels of government. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply. Nevertheless, State and local officials were involved in
developing this rule. The RSAC, which recommended the proposals
addressed in this rule, has as permanent members two organizations
directly representing State and local interests, AASHTO and ASRSM.
    However, this rule could have preemptive effect by operation of law
under certain provisions of the Federal railroad safety statutes,
specifically the former Federal Railroad Safety Act of 1970 (former
FRSA), repealed and re-codified at 49 U.S.C 20106, and the former
Locomotive Boiler Inspection Act (LIA) at 45 U.S.C. 22-34, repealed and
re-codified at 49 U.S.C. 20701-20703. The former FRSA provides that
States may not adopt or continue in effect any law, regulation, or
order related to railroad safety or security that covers the subject
matter of a regulation prescribed or order issued by the Secretary of
Transportation (with respect to railroad safety matters) or the
Secretary of Homeland Security (with respect to railroad security
matters), except when the State law, regulation, or order qualifies
under the ``local safety or security hazard'' exception to section
20106. Moreover, the former LIA has been interpreted by the Supreme
Court as preempting the field concerning locomotive safety. See Napier
v. Atlantic Coast Line R.R., 272 U.S. 605 (1926) and Kurns v. Railroad
Friction Products Corp., 132 S. Ct. 1261 (2012).

E. Environmental Impact

    FRA has evaluated this regulation in accordance with its Procedures
for Considering Environmental Impacts (FRA's Procedures) (64 FR 28545,
May 26, 1999) as required by the National Environmental Policy Act (42
U.S.C. 4321 et seq.), other environmental statutes, Executive Orders,
and related regulatory requirements. FRA has determined that this
regulation is not a major FRA action (requiring the preparation of an
environmental impact statement or environmental assessment) because it
is categorically excluded from detailed environmental review pursuant
to section 4(c)(20) of FRA's Procedures. 64 FR 28545, 28547; May 26,
1999. Certain classes of FRA actions have been determined to be
categorically excluded from the requirements of these Procedures as
they do not individually or cumulatively have a significant effect on
the human environment. Promulgation of railroad safety rules and policy
statements that do not result in significantly increased emissions or
air or water pollutants or noise or increased traffic congestion in any
mode of transportation are excluded.
    In accordance with section 4(c) and (e) of FRA's Procedures, the
agency has further concluded that no extraordinary circumstances exist
with respect to this regulation that might trigger the need for a more
detailed environmental review. As a result, FRA finds that this
regulation is not a major Federal action significantly affecting the
quality of the human environment.

F. Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more (adjusted
annually for inflation) in any 1 year, and before promulgating any
final rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement'' detailing the
effect on State, local, and tribal governments and the private sector.
This final rule will not result in the expenditure, in the aggregate,
of $100,000,000 or more (as adjusted annually for inflation) in any one
year, and thus preparation of such a statement is not required.

G. Trade Impact

    The Trade Agreements Act of 1979 (Pub. L. 96-39, 19 U.S.C. 2501 et
seq.) prohibits Federal agencies from engaging in any standards or
related activities that create unnecessary obstacles to the foreign
commerce of the United States. Legitimate domestic objectives, such as
safety, are not considered to be unnecessary obstacles. The statute
also requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
    FRA has assessed the potential effect of this rulemaking on foreign
commerce and believes that its requirements are consistent with the
Trade Agreements Act. The requirements are safety standards, which, as
noted, are not considered unnecessary obstacles to trade. Moreover, FRA
has sought, to the extent practicable, to state the requirements in
terms of the

performance desired, rather than in more narrow terms restricted to a
particular system design, so as not to limit different, compliant
designs by any manufacturer--foreign or domestic.

H. Privacy Act

    Anyone is able to search the electronic form of any comment or
petition received into any of FRA's dockets by the name of the
individual submitting the comment or petition (or signing the comment
or petition, if submitted on behalf of an association, business, labor
union, etc.). Please see the privacy notice at http://www.regulations.gov/# !privacyNotice. You may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477-19478).

List of Subjects

49 CFR Part 238

    Incorporation by reference, Passenger equipment, Railroad safety,
Reporting and recordkeeping requirements.

49 CFR Part 239

    Passenger equipment, Railroad safety.

The Rule

    For the reasons discussed in the preamble, FRA amends parts 238 and
239 of chapter II, subtitle B of title 49, Code of Federal Regulations
as follows:

PART 238--[AMENDED]

0
1. The authority citation for part 238 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303,
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49
CFR 1.89.

0
2. Section 238.5 is amended by adding in alphabetical order definitions
of ``End-frame door'' and ``Vestibule door,'' and by revising the
definitions of ``APTA'' and ``Vestibule'' to read as follows:

Sec.  238.5  Definitions.

* * * * *
    APTA means the American Public Transportation Association.
* * * * *
    End-frame door means an end-facing door normally located between,
or adjacent to, the collision posts or similar end-frame structural
elements.
* * * * *
    Vestibule means an area of a passenger car that normally does not
contain seating, is located adjacent to a side exit door, and is used
in passing from a seating area to a side exit door.
    Vestibule door means a door separating a seating area from a
vestibule. End-frame doors and doors separating sleeping compartments
or similar private compartments from a passageway are not vestibule
doors.

* * * * *

0
3. Section 238.112 is added to read as follows:

Sec.  238.112  Door emergency egress and rescue access systems.

    Except as provided in Sec.  238.439--
    (a) Each powered, exterior side door in a vestibule that is
partitioned from the passenger compartment of a passenger car shall
have a manual override device that is:
    (1) Capable of releasing the door to permit it to be opened without
power from inside the car;
    (2) Located adjacent to the door which it controls; and
    (3) Designed and maintained so that a person may readily access and
operate the override device from inside the car without requiring the
use of a tool or other implement. If the door is dual-leafed, only one
of the door leaves is required to respond to the manual override
device.
    (b) Each Tier I passenger car ordered on or after September 8,
2000, or placed in service for the first time on or after September 9,
2002, and all Tier II passenger cars shall have a minimum of two
exterior side doors, one in each side of the car. Each such door shall
provide a minimum clear opening with dimensions of 30 inches
horizontally by 74 inches vertically. A set of dual-leafed doors is
considered a single door for purposes of this paragraph. Each powered,
exterior side door on each such passenger car shall have a manual
override device that is:
    (1) Capable of releasing the door to permit it to be opened without
power from both inside and outside the car;
    (2) Located adjacent to the door which it controls; and
    (3) Designed and maintained so that a person may access the
override device from both inside and outside the car without requiring
the use of a tool or other implement.

    Note to paragraph (b): The Americans with Disabilities Act (ADA)
Accessibility Specifications for Transportation Vehicles also
contain requirements for doorway clearance (See 49 CFR Part 38).

    (c) A manual override device used to open a powered, exterior door
may be protected with a cover or a screen capable of removal without
requiring the use of a tool or other implement.
    (d)(1) Prior to January 28, 2015, all door exits intended for
emergency egress shall either be lighted or conspicuously and legibly
marked with luminescent material on the inside of each car, and legible
and understandable instructions shall be provided for their use at or
near each such door.
    (2) On or after January 28, 2015, all door exits intended for
emergency egress shall be marked, and instructions provided for their
use, as specified in Sec.  238.125.
    (e)(1) Prior to January 28, 2015, all doors intended for access by
emergency responders shall be marked on the exterior of the car with
retroreflective material, and legible and understandable instructions
shall be posted at or near each such door.
    (2) On or after January 28, 2015, all doors intended for access by
emergency responders shall be marked, and instructions provided for
their use, as specified in Sec.  238.125.
    (f) Vestibule doors and other interior doors intended for passage
through a passenger car. The requirements of paragraphs (f)(1) through
(6) of this section apply only to passenger cars ordered on or after
January 28, 2014, or placed in service for the first time on or after
January 29, 2018.
    (1) General. Except for a door providing access to a control
compartment and a bi-parting door, which is subject to the requirements
in paragraph (f)(3) of this section, each vestibule door and any other
interior door intended for passage through a passenger car shall be
equipped with a removable panel or removable window in the event the
door will not open in an emergency, or the car is on its side and the
door is difficult to open. If the door is powered, it shall have a
manual override device that conforms with the requirements of
paragraphs (f)(4) through (6) of this section.
    (2) Removable panels and windows--(i) Ease of operability. Each
removable panel or removable window shall be designed to permit rapid
and easy removal from each side of the door during an emergency
situation without requiring the use of a tool or other implement.
    (ii) Dimensions. Removal of the panel or window shall create an
unobstructed opening in the door with minimum dimensions of 21 inches
horizontally by 28 inches vertically.
    (iii) Location. Each removable panel or removable window shall be
located so that the lowest point of the opening created by removing the
panel or window is no higher than 18 inches above the floor.
    (3) Bi-parting doors. Each powered, bi-parting vestibule door and
any other interior, powered bi-parting door intended for passage
through a

passenger car shall be equipped with a manual override device and
mechanism to retain each door leaf in the open position (e.g., ratchet
and pawl, or sprag). Each manual override device shall conform with the
requirements of paragraphs (f)(4), (f)(5)(ii), and (f)(6) of this
section.
    (4) Manual override devices. Each manual override device shall be:
    (i) Capable of releasing the door or door leaf, if the door is bi-
parting, to permit it to be opened without power;
    (ii) Located adjacent to the door or door leaf, if the door is bi-
parting, it controls; and
    (iii) Designed and maintained so that a person may readily access
and operate the override device from each side of the door without the
use of a tool or other implement.
    (5) Marking and instructions. (i) Each removable panel or removable
window in a vestibule door or other interior door intended for passage
through a passenger car shall be conspicuously and legibly marked with
luminescent material on each side of the door as specified in section
5.4.2 of APTA PR-PS-S-002-98, Rev. 3, ``Standard for Emergency Signage
for Egress/Access of Passenger Rail Equipment,'' Authorized October 7,
2007, or an alternative standard providing at least an equivalent level
of safety, if approved by FRA pursuant to Sec.  238.21. Legible and
understandable operating instructions shall be posted on each side of
the door at each such panel or window. The incorporation by reference
of this APTA standard was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. You may
obtain a copy of the incorporated document from the American Public
Transportation Association, 1666 K Street NW., Washington, DC 20006,
www.aptastandards.com. You may inspect a copy of the document at the
Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue
SE., Washington, DC or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) For bi-parting doors, each manual override device and each
retention mechanism shall be conspicuously and legibly marked with
luminescent material. Legible and understandable operating instructions
for each manual override device and each retention mechanism shall be
posted at or near each such device or mechanism.
    (6) Testing. At an interval not to exceed 184 days, as part of the
periodic mechanical inspection, each railroad shall test a
representative sample of the door removable panels, removable windows,
manual override devices, and retention mechanisms on its cars, as
applicable, to determine that they operate as intended. The sampling
method must conform with a formalized statistical test method.

0
4. Section 238.113 is amended by revising paragraph (d) and adding
paragraph (e) to read as follows:

Sec.  238.113  Emergency window exits.

* * * * *
    (d) Marking and instructions. (1) Prior to January 28, 2015, each
emergency window exit shall be conspicuously and legibly marked with
luminescent material on the inside of each car to facilitate egress.
Legible and understandable operating instructions, including
instructions for removing the window, shall be posted at or near each
such window exit.
    (2) On or after January 28, 2015, each emergency window exit shall
be marked, and instructions provided for its use, as specified in Sec.
238.125.
    (3) If window removal may be hindered by the presence of a
seatback, headrest, luggage rack, or other fixture, the instructions
shall state the method for allowing rapid and easy removal of the
window, taking into account the fixture(s), and this portion of the
instructions may be in written or pictorial format. This paragraph
(d)(3) applies to each emergency window exit subject to paragraph
(d)(1) or (2) of this section.
    (e) Periodic testing. At an interval not to exceed 184 days, as
part of the periodic mechanical inspection, each railroad shall test a
representative sample of emergency window exits on its cars to
determine that they operate as intended. The sampling method must
conform with a formalized statistical test method.

0
5. Section 238.114 is amended by revising paragraph (d) to read as
follows:

Sec.  238.114  Rescue access windows.

* * * * *
    (d) Marking and instructions. (1) Prior to January 28, 2015, each
rescue access window shall be marked with retroreflective material on
the exterior of each car. A unique and easily recognizable symbol,
sign, or other conspicuous marking shall also be used to identify each
such window. Legible and understandable window-access instructions,
including instructions for removing the window, shall be posted at or
near each rescue access window.
    (2) On or after January 28, 2015, each rescue access window shall
be marked, and instructions provided for its use, as specified in Sec.
238.125.

0
6. Section 238.115 is revised to read as follows:

Sec.  238.115  Emergency lighting.

    (a) Prior to January 1, 2017, the requirements specified in
paragraphs (a)(1) through (4) of this section apply to each passenger
car ordered on or after September 8, 2000, or placed in service for the
first time on or after September 9, 2002. Emergency lighting shall be
provided in each passenger car and shall include the following:
    (1) A minimum, average illumination level of 1 foot-candle measured
at floor level adjacent to each exterior door and each interior door
providing access to an exterior door (such as a door opening into a
vestibule);
    (2) A minimum, average illumination level of 1 foot-candle measured
25 inches above floor level along the center of each aisle and
passageway;
    (3) A minimum illumination level of 0.1 foot-candle measured 25
inches above floor level at any point along the center of each aisle
and passageway; and
    (4) A back-up power system capable of:
    (i) Operating in all equipment orientations within 45 degrees of
vertical;
    (ii) Operating after the initial shock of a collision or derailment
resulting in the following individually applied accelerations:
    (A) Longitudinal: 8g;
    (B) Lateral: 4g; and
    (C) Vertical: 4g; and
    (iii) Operating all emergency lighting for a period of at least 90
minutes without a loss of more than 40% of the minimum illumination
levels specified in this paragraph (a).
    (b)(1) As further specified in paragraph (b)(2) of this section, on
or after January 1, 2017, emergency lighting shall be provided in each
passenger car in accordance with the minimum requirements specified in
APTA PR-E-S-013-99, Rev. 1, ``Standard for Emergency Lighting System
Design for Passenger Cars,'' Authorized October 7, 2007, or an
alternative standard providing at least an equivalent level of safety
if approved by FRA pursuant to Sec.  238.21. The incorporation by
reference of this APTA standard was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51.

You may obtain a copy of the incorporated document from the American
Public Transportation Association, 1666 K Street NW., Washington, DC
20006, www.aptastandards.com. You may inspect a copy of the document at
the Federal Railroad Administration, Docket Clerk, 1200 New Jersey
Avenue SE., Washington, DC or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (2) No later than December 31, 2015, at least 70 percent of each
railroad's passenger cars that were ordered prior to September 8, 2000,
and placed in service prior to September 9, 2002, shall be in
compliance with the emergency lighting requirements provided in
paragraph (b)(1) of this section.

0
7. Section 238.121 is amended by revising the first sentence of
paragraph (a)(2), paragraph (b)(2), and paragraph (c) introductory text
to read as follows:

Sec.  238.121  Emergency communications.

* * * * *
    (a) * * *
    (2) New Tier I and all Tier II passenger cars. Each Tier I
passenger car ordered on or after April 1, 2008, or placed in service
for the first time on or after April 1, 2010, and all Tier II passenger
cars shall be equipped with a PA system that provides a means for a
train crewmember to communicate by voice to passengers of his or her
train in an emergency situation. * * *
    (b) * * *
    (2) Marking and instructions. The following requirements apply to
each passenger car:
    (i) Prior to January 28, 2016, the location of each intercom
intended for passenger use shall be conspicuously marked with
luminescent material and legible and understandable operating
instructions shall be posted at or near each such intercom.
    (ii) On or after January 28, 2016, each intercom intended for
passenger use shall be marked in accordance with section 5.4.2 of APTA
PR-PS-S-002-98, Rev. 3, ``Standard for Emergency Signage for Egress/
Access of Passenger Rail Equipment,'' Authorized October 7, 2007, or an
alternative standard providing at least an equivalent level of safety,
if approved by FRA pursuant to Sec.  238.21. Legible and understandable
operating instructions shall be posted at or near each such intercom.
The incorporation by reference of this APTA standard was approved by
the Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR Part 51. You may obtain a copy of the incorporated document
from the American Public Transportation Association, 1666 K Street NW.,
Washington, DC 20006, www.aptastandards.com. You may inspect a copy of
the document at the Federal Railroad Administration, Docket Clerk, 1200
New Jersey Avenue SE., Washington, DC or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) Back-up power. PA and intercom systems in Tier I passenger cars
ordered on or after April 1, 2008, or placed in service for the first
time on or after April 1, 2010, and in all Tier II passenger cars shall
have a back-up power system capable of--
* * * * *

0
8. Section 238.123 is amended by redesignating paragraph (e)
introductory text as paragraph (e)(1), redesignating paragraphs (e)(1)
and (2) as paragraphs (e)(1)(i) and (ii), revising the first sentence
of newly redesignated paragraph (e)(1), and by adding paragraph (e)(2)
to read as follows:

Sec.  238.123  Emergency roof access.

* * * * *
    (e) Marking and instructions. (1) Prior to January 28, 2015, each
emergency roof access location shall be conspicuously marked with
retroreflective material of contrasting color. * * *
* * * * *
    (2) On or after January 28, 2015, each emergency roof access
location shall be marked, and instructions provided for its use, as
specified in Sec.  238.125.

0
9. Section 238.125 is added to read as follows:

Sec.  238.125  Marking and instructions for emergency egress and rescue
access.

    On or after January 28, 2015, emergency signage and markings shall
be provided for each passenger car in accordance with the minimum
requirements specified in APTA PR-PS-S-002-98, Rev. 3, ``Standard for
Emergency Signage for Egress/Access of Passenger Rail Equipment,''
Authorized October 7, 2007, or an alternative standard providing at
least an equivalent level of safety, if approved by FRA pursuant to
Sec.  238.21. The incorporation by reference of this APTA standard was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR Part 51. You may obtain a copy of the
incorporated document from the American Public Transportation
Association, 1666 K Street NW., Washington, DC 20006,
www.aptastandards.com. You may inspect a copy of the document at the
Federal Railroad Administration, Docket Clerk, 1200 New Jersey Avenue
SE., Washington, DC or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

0
10. Section 238.127 is added to read as follows:

Sec.  238.127  Low-location emergency exit path marking.

    On or after January 28, 2015, low-location emergency exit path
marking shall be provided in each passenger car in accordance with the
minimum requirements specified in APTA PR-PS-S-004-99, Rev. 2,
``Standard for Low-Location Exit Path Marking,'' Authorized October 7,
2007, or an alternative standard providing at least an equivalent level
of safety, if approved by FRA pursuant to Sec.  238.21. The
incorporation by reference of this APTA standard was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR Part 51. You may obtain a copy of the incorporated document from
the American Public Transportation Association, 1666 K Street NW.,
Washington, DC 20006, www.aptastandards.com. You may inspect a copy of
the document at the Federal Railroad Administration, Docket Clerk, 1200
New Jersey Avenue SE., Washington, DC or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html

Sec.  238.235  [Removed and reserved]

0
11. Section 238.235 is removed and reserved.

0
12. Section 238.303 is amended by revising paragraph (e)(18)
introductory text to read as follows:

Sec.  238.303  Exterior calendar day mechanical inspection of passenger
equipment.

* * * * *

    (e) * * *
    (18) All rescue-access-related exterior markings, signage, and
instructions required by Sec. Sec.  238.112 and 238.114 shall be in
place and, as applicable, conspicuous or legible, or both.
* * * * *
0
13. Section 238.305 is amended by revising paragraph (a), revising
paragraph (c) introductory text, adding paragraphs (c)(11) and (13),
and revising paragraph (d) introductory text to read as follows:

Sec.  238.305  Interior calendar day mechanical inspection of passenger
cars.

    (a) Except as provided in paragraph (e) of this section, each
passenger car shall receive an interior mechanical inspection at least
once each calendar day that it is placed in service.
* * * * *
    (c) As part of the interior calendar day mechanical inspection, the
railroad shall verify conformity with the following conditions, and
nonconformity with any such condition renders the car defective when
discovered in service, except as provided in paragraphs (c)(8) through
(13) and paragraph (d) of this section.
* * * * *
    (11) Low-location emergency exit path markings required by Sec.
238.127 are in place and conspicuous.
* * * * *
    (13) Removable panels and removable windows in vestibule doors and
in other interior doors used for passage through a passenger car are
properly in place and secured, based on a visual inspection. A
noncomplying passenger car may remain in passenger service until no
later than the car's fourth interior calendar day mechanical inspection
or next periodic mechanical inspection required under Sec.  238.307,
whichever occurs first, or for a passenger car used in long-distance
intercity train service until the eighth interior calendar day
mechanical inspection or next periodic mechanical inspection required
under Sec.  238.307, whichever occurs first, after the noncomplying
condition is discovered, where it shall be repaired or removed from
service; provided--
    (i) The railroad has developed and follows written procedures for
mitigating the hazard(s) caused by the noncomplying condition. The
railroad's procedures shall include consideration of the type of door
in which the removable panel or removable window is located, the manner
in which the door is normally opened, and the risk of personal injury
resulting from a missing, broken, or improperly secured removable panel
or removable window; and
    (ii) The train crew is provided written notification of the
noncomplying condition.
    (d) Any passenger car found not to be in compliance with the
requirements contained in paragraphs (c)(5) through (11) of this
section at the time of its interior calendar day mechanical inspection
may remain in passenger service until the car's next interior calendar
day mechanical inspection, where it must be repaired or removed from
passenger service; provided, all of the specific conditions contained
in paragraphs (c)(8) through (10) of this section are met and all of
the following requirements are met:
* * * * *

0
14. Section 238.307 is amended by revising paragraphs (c)(4) and (5)
and (e)(1) introductory text to read as follows:

Sec.  238.307  Periodic mechanical inspection of passenger cars and
unpowered vehicles used in passenger trains.

* * * * *
    (c) * * *
    (4)(i) A representative sample of the following emergency systems
properly operate:
    (A) Door removable panels, removable windows, manual override
devices, and retention mechanisms, as applicable, in accordance with
Sec.  238.112; and
    (B) Emergency window exits, in accordance with Sec.  238.113.
    (ii) This portion of the periodic mechanical inspection may be
conducted independently of the other requirements in this paragraph
(c); and
    (iii) Each railroad shall retain records of the inspection,
testing, and maintenance of the emergency window exits for two calendar
years after the end of the calendar year to which they relate.
    (5) With regard to the following emergency systems:
    (i) Emergency lighting systems required under Sec.  238.115 are in
place and operational; and
    (ii) Low-location emergency exit path marking systems required
under Sec.  238.127 are operational.
* * * * *
    (e) * * *
    (1) A record shall be maintained of each periodic mechanical
inspection required to be performed by this section. This record shall
be maintained in writing or electronically, provided FRA has access to
the record upon request. The record shall be maintained either in the
railroad's files, the cab of the locomotive, or a designated location
in the passenger car. Except as provided in paragraph (c)(4) of this
section, the record shall be retained until the next periodic
mechanical inspection of the same type is performed and shall contain
the following information:
* * * * *

0
15. Section 238.439 is amended by adding introductory text, removing
paragraphs (a), (b), (e), and (g), redesignating paragraphs (c), (d),
and (f) as paragraphs (a) through (c), revising newly redesignated
paragraph (c) to read as follows:

Sec.  238.439  Doors.

    In addition to the requirements of Sec.  238.112--
* * * * *
    (c) For a passenger car ordered prior to January 28, 2014, and
placed in service prior to January 29, 2018, a passenger compartment
end door (other than a door providing access to the exterior of the
trainset) shall be equipped with a kick-out panel, pop-out window, or
other similar means of egress in the event the door will not open, or
shall be so designed as to pose a negligible probability of becoming
inoperable in the event of car body distortion following a collision or
derailment.

0
16. Section 238.441 is amended by adding a sentence at the end of
paragraph (a) to read as follows:

Sec.  238.441  Emergency roof access.

    (a) * * * On or after January 28, 2015, such markings shall also
conform with the requirements specified in Sec.  238.125.
* * * * *

0
17. Appendix A to part 238 is amended by adding the entries for new
Sec. Sec.  238.112, 238.125, and 238.127 in numerical order and
removing and reserving the entry for Sec.  238.235.
    The additions read as follows:

Appendix A to Part 238--Schedule of Civil Penalties 1, 2

------------------------------------------------------------------------
                                                             Willful
               Section                    Violation         violation
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
          SUBPART B--SAFETY PLANNING AND GENERAL REQUIREMENTS
------------------------------------------------------------------------

                              * * * * * * *
238.112 Door emergency egress and                2,500             5,000
 rescue access systems..............

                              * * * * * * *
238.125 Marking and instructions for             2,500             5,000
 emergency egress and rescue access.

                              * * * * * * *
238.127 Low-location emergency exit              2,500             5,000
 path marking.......................

                              * * * * * * *
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
  violation. Generally when two or more violations of these regulations
  are discovered with respect to a single unit of passenger equipment
  that is placed or continued in service by a railroad, the appropriate
  penalties set forth above are aggregated up to a maximum of $16,000
  per day. However, failure to perform, with respect to a particular
  unit of passenger equipment, any of the inspections and tests required
  under subparts D and F of this part will be treated as a violation
  separate and distinct from, and in addition to, any substantive
  violative conditions found on that unit of passenger equipment.
  Moreover, the Administrator reserves the right to assess a penalty of
  up to $105,000 for any violation where circumstances warrant. See 49
  CFR Part 209, appendix A.
Failure to observe any condition for movement of defective equipment set
  forth in Sec.   238.17 will deprive the railroad of the benefit of the
  movement-for-repair provision and make the railroad and any
  responsible individuals liable for penalty under the particular
  regulatory section(s) concerning the substantive defect(s) present on
  the unit of passenger equipment at the time of movement.
Failure to observe any condition for the movement of passenger equipment
  containing defective safety appliances, other than power brakes, set
  forth in Sec.   238.17(e) will deprive the railroad of the movement-
  for-repair provision and make the railroad and any responsible
  individuals liable for penalty under the particular regulatory
  section(s) contained in part 231 of this chapter or Sec.   238.429
  concerning the substantive defective condition.
The penalties listed for failure to perform the exterior and interior
  mechanical inspections and tests required under Sec.   238.303 and
  Sec.   238.305 may be assessed for each unit of passenger equipment
  contained in a train that is not properly inspected. Whereas, the
  penalties listed for failure to perform the brake inspections and
  tests under Sec.   238.313 through Sec.   238.319 may be assessed for
  each train that is not properly inspected.
\2\ The penalty schedule uses section numbers from 49 CFR Part 238. If
  more than one item is listed as a type of violation of a given
  section, each item is also designated by a ``penalty code,'' which is
  used to facilitate assessment of civil penalties, and which may or may
  not correspond to any subsection designation(s). For convenience,
  penalty citations will cite the CFR section and the penalty code, if
  any. FRA reserves the right, should litigation become necessary, to
  substitute in its complaint the CFR citation in place of the combined
  CFR and penalty code citation, should they differ.

PART 239--[AMENDED]

0
18. The authority citation for part 239 is revised to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301,
21304, and 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89(c), (g),
(m).

0
19. Section 239.105 is amended by revising paragraph (a) to read as
follows:

Sec.  239.105  Debriefing and critique.

    (a) General. Except as provided in paragraph (b) of this section,
each railroad operating passenger train service shall conduct a
debriefing and critique session after each passenger train emergency
situation or full-scale simulation to determine the effectiveness of
its emergency preparedness plan, and shall improve or amend its plan,
or both, as appropriate, in accordance with the information developed.
The debriefing and critique session shall be conducted within 60 days
of the date of the passenger train emergency situation or full-scale
simulation. To the extent practicable, all on-board personnel, control
center personnel, and any other employees involved in the emergency
situation or full-scale simulation shall participate in the session
either:
    (1) In person;
    (2) Offsite via teleconference; or
    (3) In writing, by a statement responding to questions provided
prior to the session, and by responding to any follow-up questions.
* * * * *

Sec.  239.107  [Removed and reserved]

0
20. Section 239.107 is removed and reserved.

Appendix A to Part 239--[Amended]

0
21. Appendix A to part 239 is amended by removing and reserving the
entry for Sec.  239.107.

    Issued in Washington, DC, on November 14, 2013.
Karen J. Hedlund,
Deputy Administrator.
[FR Doc. 2013-27731 Filed 11-27-13; 8:45 am]
BILLING CODE 4910-06-P