for side-facing exterior                               standard.
     window intended to be
     breakable and serve as an
     emergency window exit (option
     to comply with an alternative
     standard).
238.731--New Requirements--Brake    2 railroads..........  1 analysis/test......  480 hours........          480
 Systems--RR analysis and testing
 Tier III trainsets' maximum safe
 operating speed.
    --Tier III trainsets'           2 railroads..........  240 stencils/markings  20 minutes.......           80
     passenger brake alarm--
     legible stenciling/marking of
     devices with words
     ``Passenger Brake Alarm''.
    --Main reservoir test/          2 railroads..........  1 test/cert..........  6 hours..........            6
     certification.
    --Inspection, testing and       2 railroads..........  1 ITM plan...........  480 hours........          480
     maintenance plan (ITM)--
     Periodic inspection for main
     reservoirs.
    --Brake actuator design with    2 railroads..........  1 design.............  40 hours.........           40
     approved brake cylinder
     pressure as part of design
     review process.
    --Tier III equipment:           2 railroads..........  1 procedure..........  8 hours..........            8
     Demonstrated securement
     procedure.
238.733--Tier III Interior fixture  2 railroads..........  1 analysis/document..  20 hours.........           20
 attachment standard--analysis for
 FRA approval (New Requirement).
238.735--Tier III seat              2 railroads..........  1 analysis/document..  40 hours.........           40
 crashworthiness standard
 (passenger & cab crew)--analysis
 for FRA approval (New
 Requirement).
238.737--Tier III luggage racks     2 railroads..........  1 analysis/document..  20 hours.........           20
 standard--analysis for FRA
 approval (New Requirement).
238.741--New Requirement--          2 railroads..........  1 plan...............  60 hours.........           60
 Emergency window egress/rescue
 plan to FRA for passenger cars in
 Tier III trainsets not in
 compliance with sections 238.113
 or 238.114.
238.743--New Requirement--          2 railroads..........  1 analysis/test......  60 hours.........           60
 Emergency Lighting Std.--Tier III
 trainsets--analysis/test.
238.751--New Requirements--         2 railroads..........  1 analysis/test......  40 hours.........           40
 Alerters--alternate technology-
 Tier III trainsets--analysis/test.
----------------------------------------------------------------------------------------------------------------

    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
information collection submission sent to OMB, please contact FRA
Information Collection Clearance Officers Mr. Robert Brogan at (202)
493-6292 or Ms. Kimberly Toone at<PHONE_NUMBER>, or via email at the
following addresses: [email protected]; [email protected].
    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,
725 17th St. NW, Washington, DC 20503, attn: FRA Desk Officer. Comments
may also be sent via email to the Office of Management and Budget at
the following address: [email protected].
    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 cannot impose a penalty on persons for violating information
collection requirements which 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, 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 final rule has been analyzed under the principles and criteria
contained in Executive Order 13132. This final rule will not have a
substantial effect on the States or their political subdivisions, 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. In
addition, FRA has determined that this regulatory action will not
impose substantial direct compliance costs on the States or their
political subdivisions. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
    However, this final 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,
repealed and recodified 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. Section 20106 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 ``essentially 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).

E. International Trade Impact Assessment

    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 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 design or system.

F. Environmental Impact

    FRA has evaluated this final rule in accordance with the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other
environmental statutes, related regulatory requirements, and its
``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
(64 FR 28545, May 26, 1999). FRA has determined that this final rule is
categorically excluded from detailed environmental review pursuant to
section 4(c)(20) of FRA's Procedures, which concerns the promulgation
of railroad safety rules and policy statements that do not result in
significantly increased emissions of air or water pollutants or noise
or increased traffic congestion in any mode of transportation. See 64
FR 28547, May 26, 1999. Categorical exclusions (CEs) are actions
identified in an agency's NEPA implementing procedures that do not
normally have a significant impact on the environment and therefore do
not require either an environmental assessment (EA) or environmental
impact statement (EIS). See 40 CFR 1508.4.
    In analyzing the applicability of a CE, the agency must also
consider whether extraordinary circumstances are present that would
warrant a more detailed environmental review through the preparation of
an EA or EIS. Id. 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. The purpose of this
rulemaking is to amend FRA's Passenger Equipment Safety Standards. This
rulemaking adds safety standards to facilitate the safe implementation
of high-speed rail at

speeds up to 220 mph (Tier III). The rule also establishes
crashworthiness and occupant protection performance requirements in the
alternative to those specified for passenger trainsets operated at
speeds up to 125 mph (Tier I). In addition, the rule increases from 150
mph to 160 mph the maximum speed allowable for the tier of railroad
passenger equipment currently operated at the Nation's highest train
speeds (Tier II). FRA does not anticipate any environmental impacts
from the requirements and finds that there are no extraordinary
circumstances present in connection with this final rule.

G. Executive Order 12898 (Environmental Justice)

    Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' and DOT
Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to
achieve environmental justice as part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects, including interrelated social
and economic effects, of their programs, policies, and activities on
minority populations and low-income populations. The DOT Order
instructs DOT agencies to address compliance with Executive Order 12898
and requirements within the DOT Order in rulemaking activities, as
appropriate. FRA has evaluated this rule under Executive Order 12898
and the DOT Order and has determined that it will not cause
disproportionately high and adverse human health and environmental
effects on minority populations or low-income populations.

H. Executive Order 13175 (Tribal Consultation)

    FRA has evaluated this rule in accordance with the principles and
criteria contained in Executive Order 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' dated November 6, 2000.
This rule will not have a substantial direct effect on one or more
Indian tribes, will not impose substantial direct compliance costs on
Indian tribal governments, and will not preempt tribal laws. Therefore,
the funding and consultation requirements of Executive Order 13175 do
not apply, and a tribal summary impact statement is not required.

I. Unfunded Mandates Reform Act of 1995

    Under 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.

J. Energy Impact

    Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' requires
Federal agencies to prepare a Statement of Energy Effects for any
``significant energy action.'' See 66 FR 28355, May 22, 2001. FRA has
evaluated this final rule in accordance with Executive Order 13211 and
determined that this regulatory action is not a ``significant energy
action'' within the meaning of the Executive Order.
    Executive Order 13783, ``Promoting Energy Independence and Economic
Growth,'' requires Federal agencies to review regulations to determine
whether they potentially burden the development or use of domestically
produced energy resources, with particular attention to oil, natural
gas, coal, and nuclear energy resources. See 82 FR 16093, March 31,
2017. FRA has determined this regulatory action will not burden the
development or use of domestically produced energy resources.

K. Analysis Under 1 CFR Part 51

    As required by 1 CFR 51.5, FRA has summarized the standards it is
incorporating by reference and shown the reasonable availability of
those standards in the section-by-section analysis of Sec. Sec.
238.733, 238.735, 238.737, 238.743, and Appendix G, paragraphs (i) and
(j) of this rulemaking document.

List of Subjects

49 CFR Parts 229, 231, and 236

    Railroad safety.

49 CFR Part 238

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

The Rule

    For the reasons discussed in the preamble, FRA amends parts 229,
231, 236, and 238 of chapter II, subtitle B of title 49, Code of
Federal Regulations as follows:

PART 229--[AMENDED]

0
 1. The authority citation for part 229 continues to read as follows:

    Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301,
21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.

Subpart A--General

0
 2. Revise Sec.  229.3(c) to read as follows:

Sec.  229.3  Applicability.

* * * * *
    (c) Paragraphs (a) and (b) of Sec.  229.125 do not apply to Tier II
passenger equipment as defined in Sec.  238.5 of this chapter (i.e.,
passenger equipment operating at speeds exceeding 125 mph but not
exceeding 160 mph).
* * * * *

0
 3. Section 229.5 is amended by revising the definition of ``Tier II''
to read as follows:

Sec.  229.5  Definitions.

* * * * *
    Tier II means operating at speeds exceeding 125 mph but not
exceeding 160 mph.
* * * * *

PART 231--[AMENDED]

0
 4. The authority citation for part 231 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20131, 20301-20303,
21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.

0
 5. Revise Sec.  231.0(c) to read as follows:

Sec.  231.0  Applicability and penalties.

* * * * *
    (c) Except for the provisions governing uncoupling devices, this
part does not apply to Tier II passenger equipment as defined in Sec.
238.5 of this chapter (i.e., passenger equipment operating at speeds
exceeding 125 mph but not exceeding 160 mph).
* * * * *

PART 236--[AMENDED]

0
6. The authority citation for part 236 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157,
20301-20303, 20306, 20701-20703, 21301-21302, 21304; 28 U.S.C. 2461,
note; and 49 CFR 1.89.

Subpart I--Positive Train Control Systems

Sec.  236.1007  [Amended]

0
7. In Sec.  236.1007, remove paragraph (d), and redesignate paragraph
(e) as new paragraph (d).

PART 238--[AMENDED]

0
8. The authority citation for part 238 continues 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.

Subpart A--General

0
 9. Section 238.5 is amended by:
0
a. Adding in alphabetical order a definition of ``Associate
Administrator'';
0
b. Revising the definitions of ``glazing, end-facing'', ``glazing,
side-facing'', and ``Tier II'';
0
c. Adding in alphabetical order a definition of ``Tier III'';
0
d. Revising the definition of ``Train, Tier II passenger''; and
0
e. Adding in alphabetical order definitions of ``Trainset, Tier I
alternative passenger'', ``Trainset, Tier III'', and ``Trainset unit''.
    The additions and revisions read as follows:

Sec.  238.5  Definitions.

* * * * *
    Associate Administrator means Associate Administrator for Railroad
Safety and Chief Safety Officer, Associate Administrator for Railroad
Safety, Associate Administrator for Safety.
* * * * *
    Glazing, end-facing means any exterior glazing located where a line
perpendicular to the plane of the glazing material makes a horizontal
angle of 50 degrees or less with the centerline of the vehicle in which
the glazing material is installed, except for: The coupled ends of
multiple-unit (MU) locomotives or other equipment semi-permanently
connected to each other in a train consist; and end doors of passenger
cars at locations other than the cab end of a cab car or MU locomotive.
Any location which, due to curvature of the glazing material, can meet
the criteria for either an end-facing glazing location or a side-facing
glazing location shall be considered an end-facing glazing location.
* * * * *
    Glazing, side-facing means any glazing located where a line
perpendicular to the plane of the glazing material makes a horizontal
angle of more than 50 degrees with the centerline of the vehicle in
which the glazing material is installed. Side-facing glazing also means
glazing located at the coupled ends of MU locomotives or other
equipment semi-permanently connected to each other in a train consist
and glazing located at end doors other than at the cab end of a cab car
or MU locomotive.
* * * * *
    Tier II means operating at speeds exceeding 125 mph but not
exceeding 160 mph.
    Tier III means operating in a shared right-of-way at speeds not
exceeding 125 mph and in an exclusive right-of-way without grade
crossings at speeds exceeding 125 mph but not exceeding 220 mph.
* * * * *
    Train, Tier II passenger means a short-distance or long-distance
intercity passenger train providing service at speeds exceeding 125 mph
but not exceeding 160 mph.
* * * * *
    Trainset, Tier I alternative passenger means a trainset consisting
of Tier I passenger equipment demonstrating alternative crashworthiness
and occupant protection performance under the requirements of appendix
G to this part.
    Trainset, Tier III means an intercity passenger train that provides
service in a shared right-of-way at speeds not exceeding 125 mph and in
an exclusive right-of-way without grade crossings at speeds exceeding
125 mph but not exceeding 220 mph.
    Trainset unit means a trainset segment located between connecting
arrangements (articulations).
* * * * *

0
10. In Sec.  238.21 revise paragraphs (c)(2) and (d)(2) to read as
follows:

Sec.  238.21  Special approval procedure.

* * * * *
    (c) * * *
    (2) The elements prescribed in Sec. Sec.  238.201(b)(1),
238.229(j)(2), and 238.230(d); and
* * * * *
    (d) * * *
    (2) Each petition for special approval of the pre-revenue service
acceptance testing plan shall be submitted to the Associate
Administrator, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590.
* * * * *

Subpart B--Safety Planning and General Requirements

0
 11. In Sec.  238.111 revise paragraphs (b)(2), (4), (5), and (7), and
(c) to read as follows:

Sec.  238.111  Pre-revenue service acceptance testing plan.

* * * * *
    (b) * * *
    (2) Submit a copy of the plan to FRA at least 30 days before
testing the equipment and include with that submission notification of
the times and places of the pre-revenue service tests to permit FRA
observation of such tests. For Tier II and Tier III passenger
equipment, the railroad shall obtain FRA approval of the plan under the
procedures specified in Sec.  238.21.
* * * * *
    (4) Document in writing the results of the tests. For Tier II and
Tier III passenger equipment, the railroad shall report the results of
the tests to the Associate Administrator at least 90 days prior to its
intended operation of the equipment in revenue service.
    (5) Correct any safety deficiencies identified in the design of the
equipment or in the ITM procedures uncovered during testing. If safety
deficiencies cannot be corrected by design changes, the railroad shall
impose operational limitations on the revenue service operation of the
equipment designed to ensure the equipment can operate safely. For Tier
II and Tier III passenger equipment, the railroad shall comply with any
operational limitations the Associate Administrator imposes on the
revenue service operation of the equipment for cause stated following
FRA review of the results of the test program. This section does not
restrict a railroad from petitioning FRA for a waiver of a safety
regulation under the procedures specified in part 211 of this chapter.
* * * * *
    (7) For Tier II or Tier III passenger equipment, obtain approval
from the Associate Administrator before placing the equipment in
revenue service. The Associate Administrator will grant such approval
if the railroad demonstrates compliance with the applicable
requirements of this part.
    (c) If a railroad plans a major upgrade or introduction of new
technology to Tier II or Tier III passenger equipment that has been
used in revenue service in

the United States and that affects a safety system on such equipment,
the railroad shall follow the procedures in paragraph (b) of this
section before placing the equipment in revenue service with the major
upgrade or introduction of new technology.

Subpart C--Specific Requirements for Tier I Passenger Equipment

0
 12. In Sec.  238.201, redesignate the text after the heading of
paragraph (b) as paragraph (b)(1), revise the first sentence of newly
redesignated paragraph (b)(1), and add paragraph (b)(2) to read as
follows:

Sec.  238.201  Scope/alternative compliance.

* * * * *
    (b) * * * (1) Passenger equipment of special design shall be deemed
to comply with this subpart, other than Sec.  238.203, for the service
environment the petitioner proposes to operate the equipment in if the
Associate Administrator determines under paragraph (c) of this section
that the equipment provides at least an equivalent level of safety in
such environment for the protection of its occupants from serious
injury in the case of a derailment or collision. * * *
    (2)(i) Tier I passenger trainsets may comply with the alternative
crashworthiness and occupant protection requirements in appendix G to
this part instead of the requirements in Sec. Sec.  238.203, 238.205,
238.207, 238.209(a), 238.211, 238.213, and 238.219.
    (ii) To assess compliance with the alternative requirements, the
railroad shall submit the following documents to the Associate
Administrator, for review:
    (A) Test plans, and supporting documentation for all tests intended
to demonstrate compliance with the alternative requirements and to
validate any computer modeling and analysis used, including notice of
such tests, 30 days before commencing the tests; and
    (B) A carbody crashworthiness and occupant protection compliance
report based on the analysis, calculations, and test data necessary to
demonstrate compliance.
    (iii) The carbody crashworthiness and occupant protection
compliance report shall be deemed acceptable unless the Associate
Administrator stays action by written notice to the railroad within 60
days after receipt of the report.
    (A) If the Associate Administrator stays action, the railroad shall
correct any deficiencies FRA identified and notify FRA it has corrected
the deficiencies before placing the subject equipment into service.
    (B) FRA may also impose written conditions necessary for safely
operating the equipment, for cause stated.
* * * * *

0
 13. Revise Sec.  238.203(a)(1) to read as follows:

Sec.  238.203  Static end strength.

    (a)(1) Except as further specified in this paragraph (a), paragraph
(d) of this section, and Sec.  238.201(b)(2), on or after November 8,
1999, all passenger equipment shall resist a minimum static end load of
800,000 pounds applied on the line of draft without permanent
deformation of the body structure.
* * * * *

0
 14. Revise the first sentence of Sec.  238.205(a) to read as follows:

Sec.  238.205  Anti-climbing mechanism.

    (a) Except as provided in paragraph (b) of this section, and Sec.
238.201(b), all passenger equipment placed in service for the first
time on or after September 8, 2000, and prior to March 9, 2010, shall
have at both the forward and rear ends an anti-climbing mechanism
capable of resisting an upward or downward vertical force of 100,000
pounds without failure. * * *
* * * * *

0
15. Revise Sec.  238.207 to read as follows:

Sec.  238.207  Link between coupling mechanism and carbody.

    Except as specified in Sec.  238.201(b), all passenger equipment
placed in service for the first time on or after September 8, 2000,
shall have a coupler carrier at each end designed to resist a vertical
downward thrust from the coupler shank of 100,000 pounds for any normal
horizontal position of the coupler, without permanent deformation.
Passenger equipment connected by articulated joints that complies with
the requirements of Sec.  238.205(a) also complies with the
requirements of this section.

0
 16. Amend Sec.  238.209 by adding paragraph (a) introductory text to
read as follows:

Sec.  238.209  Forward end structure of locomotives, including cab cars
and MU locomotives.

    (a) Except as specified in Sec.  238.201(b)--
* * * * *

0
 17. Revise Sec.  238.211(a) introductory text to read as follows:

Sec.  238.211  Collision posts.

    (a) Except as further specified in this paragraph (a), paragraphs
(b) through (d) of this section, Sec.  238.201(b), and Sec.
238.209(b)--
* * * * *

0
 18. Revise Sec.  238.213(a)(1) to read as follows:

Sec.  238.213  Corner posts.

    (a)(1) Except as further specified in paragraphs (b) and (c) of
this section, Sec.  238.201(b), and Sec.  238.209(b), each passenger
car shall have at each end of the car, placed ahead of the occupied
volume, two full-height corner posts, each capable of resisting
together with its supporting car body structure:
* * * * *

0
 19. Revise the first sentence of Sec.  238.219 to read as follows:

Sec.  238.219  Truck-to-car-body attachment.

    Except as provided in Sec.  238.201(b), passenger equipment shall
have a truck-to-carbody attachment with an ultimate strength sufficient
to resist without failure the following individually applied loads: 2g
vertically on the mass of the truck; and 250,000 pounds in any
horizontal direction on the truck, along with the resulting vertical
reaction to this load. * * *

Subpart E--Specific Requirements for Tier II Passenger Equipment

0
 20. Revise the first sentence of Sec.  238.401 to read as follows:

Sec.  238.401  Scope.

    This subpart contains specific requirements for railroad passenger
equipment operating at speeds exceeding 125 mph but not exceeding 160
mph. * * *

Subpart F--Inspection, Testing, and Maintenance Requirements for
Tier II Passenger Equipment

0
 21. Revise Sec.  238.501 to read as follows:

Sec.  238.501  Scope.

    This subpart contains inspection, testing, and maintenance
requirements for railroad passenger equipment that operates at speeds
exceeding 125 mph but not exceeding 160 mph.

0
 22. Add subpart H to part 238 to read as follows:
Subpart H--Specific Requirements for Tier III Passenger Equipment
Sec.
238.701 Scope.
238.702 Definitions.

Trainset Structure

238.703 Quasi-static compression load requirements.
238.705 Dynamic collision scenario.
238.707 Override protection.

238.709 Fluid entry inhibition.
238.711 End structure integrity of cab end.
238.713 End structure integrity of non-cab end.
238.715 Roof and side structure integrity.
238.717 Truck-to-carbody attachment.

Glazing

238.721 Glazing.

Brake System

238.731 Brake system.

Interior Fittings and Surfaces

238.733 Interior fixture attachment.
238.735 Seat crashworthiness (passenger and cab crew).
238.737 Luggage racks.

Emergency Systems

238.741 Emergency window egress and rescue access.
238.743 Emergency lighting.

Cab Equipment

238.751 Alerters.
238.753 Sanders.
Figure 1 to Subpart H of Part 238--Cylindrical Projectile for Use in
Sec.  238.721 End-Facing Cab-Glazing Testing

Subpart H--Specific Requirements for Tier III Passenger Equipment

Sec.  238.701  Scope.

    This subpart contains specific requirements for railroad passenger
equipment operating in a shared right-of-way at speeds not exceeding
125 mph and in an exclusive right-of-way without grade crossings at
speeds exceeding 125 mph but not exceeding 220 mph. Passenger seating
is permitted in the leading unit of a Tier III trainset if the trainset
complies with the crashworthiness and occupant protection requirements
of this subpart, and the railroad has an approved right-of-way plan
under Sec.  213.361 of this chapter and an approved HSR-125 plan under
Sec.  236.1007(c) of this chapter. Demonstration of compliance with the
requirements of this subpart is subject to FRA review and approval
under Sec.  238.111.

Sec.  238.702  Definitions.

    As used in this subpart--
    Cab means a compartment or space within a trainset that is designed
to be occupied by an engineer and contain an operating console for
exercising control over the trainset.
    Integrated trainset means a passenger train in which all units of
the trainset are designed to operate together to achieve the trainset's
structural crashworthiness performance.

Trainset Structure

Sec.  238.703  Quasi-static compression load requirements.

    (a) General. To demonstrate resistance to loss of occupied volume,
Tier III trainsets shall comply with both the quasi-static compression
load requirements in paragraph (b) of this section and the dynamic
collision requirements in Sec.  238.705.
    (b) Quasi-static compression load requirements. (1) Each individual
vehicle in a Tier III trainset shall resist a minimum quasi-static end
load applied on the collision load path of:
    (i) 800,000 pounds without permanent deformation of the occupied
volume; or
    (ii) 1,000,000 pounds without exceeding either of the following two
conditions:
    (A) Local plastic strains no greater than 5 percent; and
    (B) Vehicle shortening no greater than 1 percent over any 15-foot
length of the occupied volume; or
    (iii) 1,200,000 pounds without crippling the body structure.
Crippling of the body structure is defined as reaching the maximum
point on the load-versus-displacement characteristic.
    (2) To demonstrate compliance with this section, each type of
vehicle shall be subjected to an end compression load (buff) test with
an end load magnitude no less than 337,000 lbf (1500 kN).
    (3) Compliance with the requirements of paragraph (b) of this
section shall be documented and submitted to FRA for review and
approval.

Sec.  238.705  Dynamic collision scenario.

    (a) General. In addition to the requirements of Sec.  238.703,
occupied volume integrity (OVI) shall also be demonstrated for each
individual vehicle in a Tier III trainset through an evaluation of a
dynamic collision scenario in which a moving train impacts a standing
train under the following conditions:
    (1) The initially-moving trainset is made up of the equipment
undergoing evaluation at its AW0 ready-to-run weight;
    (2) If trainsets of varying consist lengths are intended for use in
service, then the shortest and longest consist lengths shall be
evaluated;
    (3) If the initially-moving trainset is intended for use in push-
pull service, then, as applicable, each configuration of leading
vehicle shall be evaluated separately;
    (4) The initially-standing train is led by a rigid locomotive and
also made up of five identical passenger coaches having the following
characteristics:
    (i) The rigid locomotive weighs 260,000 pounds and each coach
weighs 95,000 pounds;
    (ii) The rigid locomotive and each passenger coach crush in
response to applied force as specified in Table 1 to this section; and
    (iii) The rigid locomotive shall be modeled using the data inputs
listed in appendix H to this part so that it has a geometric design as
depicted in Figure 1 to appendix H to this part;
    (5) The scenario shall be evaluated on tangent, level track;
    (6) The initially-moving trainset shall have an initial velocity of
20 mph if it is an integrated trainset, or an initial velocity of 25
mph if the lead vehicle of the trainset is not part of the integrated
design;
    (7) The coupler knuckles on the colliding equipment shall be closed
and centered;
    (8) The initially-moving trainset and initially-standing train
consists are not braked;
    (9) The initially-standing train has only one degree-of-freedom
(longitudinal displacement); and
    (10) The model used to demonstrate compliance with the dynamic
collision requirements must be validated. Model validation shall be
documented and submitted to FRA for review and approval.
    (b) Dynamic collision requirements. As a result of the impact
described in paragraph (a) of this section--
    (1) One of the following two conditions must be met for the
occupied volume of the initially-moving trainset:
    (i) There shall be no more than 10 inches of longitudinal permanent
deformation; or
    (ii) Global vehicle shortening shall not exceed 1 percent over any
15-foot length of occupied volume.
    (2) If Railway Group Standard GM/RT2100, Issue Four, ``Requirements
for Rail Vehicle Structures,'' Rail Safety and Standards Board Ltd.,
December 2010, is used to demonstrate compliance with any of the
requirements in Sec. Sec.  238.733, 238.735, 238.737, or 238.743, then
the average longitudinal deceleration of the center of gravity (CG) of
each vehicle in the initially-moving trainset during the dynamic
collision scenario shall not exceed 5g during any 100-millisecond (ms)
time period. The maximum interval between data points so averaged in
the 100-ms time period shall be no greater than 1-ms.
    (3) Compliance with each of the following conditions shall also be
demonstrated for the cab of the initially-moving trainset after the
impact:
    (i) For each seat provided for an employee in the cab, and any
floor-

mounted seat in the cab, a survival space shall be maintained where
there is no intrusion for a minimum of 12 inches from each edge of the
seat. Walls or other items originally within this defined space, not
including the operating console, shall not further intrude more than
1.5 inches towards the seat under evaluation;
    (ii) There shall be a clear exit path for the occupants of the cab;
    (iii) The vertical height of the cab (floor to ceiling) shall not
be reduced by more than 20 percent; and
    (iv) The operating console shall not have moved more than 2 inches
closer to the engineer's seat; if the engineer's seat is part of a set
of adjacent seats, the requirements of this paragraph (b)(3) apply to
both seats.

    Table 1--Force-Versus-Crush Relationships for Passenger Coach and
                         Conventional Locomotive
------------------------------------------------------------------------
                                                       Crush     Force
                      Vehicle                          (in)      (lbf)
------------------------------------------------------------------------
Passenger Coach....................................         0          0
                                                            3     80,000
                                                            6  2,500,000
Conventional Locomotive............................         0          0
                                                          2.5    100,000
                                                            5  2,500,000
------------------------------------------------------------------------

Sec.  238.707  Override protection.

    (a) Colliding equipment. (1) Using the dynamic collision scenario
described in Sec.  238.705(a), anti-climbing performance shall be
evaluated for each of the following sets of initial conditions:
    (i) All vehicles in the initially-moving trainset and initially-
standing train consists are positioned at their nominal running
heights;
    (ii) The lead vehicle of the initially-moving trainset shall be
perturbed laterally and vertically upwards by 3 inches at the colliding
interface; and
    (iii) The lead vehicle of the initially-moving trainset shall be
perturbed laterally and vertically downwards by 3 inches at the
colliding interface.
    (2) For each set of initial conditions specified in paragraph
(a)(1) of this section, compliance with the following conditions shall
be demonstrated after a dynamic impact:
    (i) The relative difference in elevation between the underframes of
the colliding equipment in the initially-moving trainset and initially-
standing train consists shall not change by more than 4 inches; and
    (ii) The tread of any wheel of the first vehicle of the initially-
moving trainset shall not rise above the top of the rail by more than 4
inches
    (b) Connected equipment override. (1) Using the dynamic collision
scenario described in Sec.  238.705(a), anti-climbing performance shall
be evaluated for each of the following sets of initial conditions:
    (i) All vehicles in the initially-moving trainset and initially-
standing train consists are positioned at their nominal running
heights;
    (ii) One vehicle is perturbed laterally and vertically upwards by 2
inches, relative to the adjacent vehicle, at the first vehicle-to-
vehicle interface in the initially-moving trainset; and,
    (iii) One vehicle is perturbed laterally and vertically downwards
by 2 inches, relative to the adjacent vehicle, at the first vehicle-to-
vehicle interface in the initially-moving trainset.
    (2) For each set of initial conditions specified in paragraph
(b)(1) of this section, compliance with the following conditions shall
be demonstrated after a dynamic impact:
    (i) The relative difference in elevation between the underframes of
the connected equipment in the initially-moving trainset shall not
change by more than 4 inches; and
    (ii) The tread of any wheel of the initially-moving trainset shall
not rise above the top of rail by more than 4 inches.

Sec.  238.709  Fluid entry inhibition.

    (a) The skin covering the forward-facing end of a Tier III trainset
shall be--
    (1) Equivalent to a \1/2\-inch steel plate with yield strength of
25,000 pounds per square inch. Material of higher yield strength may be
used to decrease the required thickness of the material provided at
least an equivalent level of strength is maintained. The sum of the
thicknesses of elements (e.g., skin and structural elements) from the
structural leading edge of the trainset to a point, when projected onto
a vertical plane, just forward of the engineer's normal operating
position, may also be used to satisfy this requirement;
    (2) Designed to inhibit the entry of fluids into the cab; and
    (3) Affixed to the collision posts or other main structural members
of the forward end structure so as to add to the strength of the end
structure.
    (b) Information used to demonstrate compliance with the
requirements of this section shall at a minimum include a list and
drawings of the structural elements considered in satisfying the
thickness-strength requirement of this section, and calculations
showing that the thickness-strength requirement is satisfied.

Sec.  238.711  End structure integrity of cab end.

    The cab ends of Tier III trainsets shall comply with the
requirements of appendix F to this part to demonstrate the integrity of
the end structure. For those units of Tier III trainsets without
identifiable corner or collision posts, the requirements of appendix F
to this part apply to the end structure at each location specified,
regardless of whether the structure is a post.

Sec.  238.713  End structure integrity of non-cab end.

    (a) General. Tier III trainsets shall comply with the requirements
in paragraphs (b) and (c) of this section to demonstrate the integrity
of the end structure for other than the cab ends.
    (b) Collision post requirements. (1) Each unit of a Tier III
trainset shall have at each non-cab end of the unit either:
    (i) Two full-height collision posts, located at approximately the
one-third points laterally. Each collision post shall have an ultimate
longitudinal shear strength of not less than 300,000 pounds at a point
even with the top of the underframe member to which it is attached. If
reinforcement is used to provide the shear value, the reinforcement
shall have full value for a distance of 18 inches up from the
underframe connection and then taper to a point approximately 30 inches
above the underframe connection; or
    (ii) An equivalent end structure that can withstand the sum of
forces that each collision post in paragraph (b)(1)(i) of this section
is required to withstand. For analysis purposes, the required forces
may be assumed to be evenly distributed at the locations where the
equivalent structure attaches to the underframe.
    (2) Collision posts are not required for the non-cab ends of any
unit with push-back couplers and interlocking anti-climbing mechanisms
in a Tier III trainset, or the non-cab ends of a semi-permanently
coupled consist of trainset units, if the inter-car connection is
capable of preventing disengagement and telescoping to the same extent
as equipment satisfying the anti-climbing and collision post
requirements in subpart C of this part. For demonstrating that the
inter-car connection is capable of preventing such disengagement (and
telescoping), the criteria in Sec.  238.707(b) apply.
    (c) Corner post requirements. (1) Each passenger car in a Tier III
trainset shall have at each non-cab end of the car, placed ahead of the
occupied volume, two side structures capable of resisting a:

    (i) 150,000-pound horizontal force applied at floor height without
failure;
    (ii) 20,000-pound horizontal force applied at roof height without
failure; and
    (iii) 30,000-pound horizontal force applied at a point 18 inches
above the top of the floor without permanent deformation.
    (2) For purposes of this paragraph (c), the orientation of the
applied horizontal forces shall range from longitudinal inward to
transverse inward.
    (3) For each evaluation load, the load shall be applied to an area
of the structure sufficient to not locally cripple or punch through the
material.
    (4) The load area shall be chosen to be appropriate for the
particular car design and shall not exceed 10 inches by 10 inches.

Sec.  238.715  Roof and side structure integrity.

    To demonstrate roof and side structure integrity, Tier III
trainsets shall comply with the requirements in Sec. Sec.  238.215 and
238.217.

Sec.  238.717  Truck-to-carbody attachment.

    To demonstrate the integrity of truck-to-carbody attachments, each
unit in a Tier III trainset shall:
    (a) Comply with the requirements in Sec.  238.219; or
    (b) Have a truck-to-carbody attachment with strength sufficient to
resist, without yielding, the following individually applied, quasi-
static loads on the mass of the truck at its CG:
    (1) 3g vertically downward;
    (2) 1g laterally, along with the resulting vertical reaction to
this load; and
    (3) Except as provided in paragraph (c) of this section, 5g
longitudinally, along with the resulting vertical reaction to this
load, provided that for the conditions in the dynamic collision
scenario described in Sec.  238.705(a):
    (i) The average longitudinal deceleration at the CG of the
equipment during the impact does not exceed 5g; and
    (ii) The peak longitudinal deceleration of the truck during the
impact does not exceed 10g.
    (c) As an alternative to demonstrating compliance with paragraph
(b)(3) of this section, the truck shall be shown to remain attached
after a dynamic impact under the conditions in the collision scenario
described in Sec.  238.705(a).
    (d) For purposes of paragraph (b) of this section, the mass of the
truck includes axles, wheels, bearings, truck-mounted brake system,
suspension system components, and any other component attached to the
truck by design.
    (e) Truck attachment shall be demonstrated using a validated model.

Glazing

Sec.  238.721  Glazing.

    (a) Cab glazing; end-facing. (1) Each end-facing exterior window in
a cab of a Tier III trainset shall comply with the requirements for
Type I glazing in appendix A to part 223 of this chapter, except as
provided in paragraphs (a)(2) through (4) of this section.
    (2) Instead of the large object impact test specified in appendix A
to part 223, each end-facing exterior window in a cab shall demonstrate
compliance with the following requirements of this paragraph (a):
    (i) The glazing article shall be impacted with a cylindrical
projectile that complies with the following design specifications as
depicted in Figure 1 to this subpart:
    (A) The projectile shall be constructed of aluminum alloy such as
ISO 6362-2:1990, grade 2017A, or its demonstrated equivalent;
    (B) The projectile end cap shall be made of steel;
    (C) The projectile assembly shall weigh 2.2 pounds (-0, +0.044
pounds) or 1 kilogram (kg) (-0, +0.020 kg) and shall have a
hemispherical tip. Material may be removed from the interior of the
aluminum portion to adjust the projectile mass according to the
prescribed tolerance. The hemispherical tip shall have a milled surface
with 0.04 inch (1 mm) grooves; and
    (D) The projectile shall have an overall diameter of 3.7 inches (94
mm) with a nominal internal diameter of 2.76 inches (70 mm).
    (ii) The test of the glazing article shall be deemed satisfactory
if the test projectile does not penetrate the windscreen, the
windscreen remains in its frame, and the witness plate is not marked by
spall.
    (iii) A new projectile shall be used for each test.
    (iv) The glazing article to be tested shall be that which has the
smallest area for each design type. For the test, the glazing article
shall be fixed in a frame of the same construction as that mounted on
the vehicle.
    (v) A minimum of four tests shall be conducted and all must be
deemed satisfactory. Two tests shall be conducted with the complete
glazing article at 32 [deg]F  9 [deg]F (0 [deg]C  5 [deg]C) and two tests shall be conducted with the complete
glazing article at 68 [deg]F  9 [deg]F (20 [deg]C  5 [deg]C). For the tests to be valid they shall demonstrate that
the core temperature of the complete glazing article during each test
is within the required temperature range.
    (vi) The test glazing article shall be mounted at the same angle
relative to the projectile path as it will be to the direction of
travel when mounted on the vehicle.
    (vii) The projectile's impact velocity shall equal the maximum
operating speed of the Tier III trainset plus 100 mph (160 km/h). The
projectile velocity shall be measured within 13 feet (4 m) of the point
of impact.
    (viii) The point of impact shall be at the geometrical center of
the glazing article.
    (3) Representative samples for large object impact testing of large
Tier III end-facing cab glazing articles may be used instead of the
actual design size, provided that the following conditions are met:
    (i) Testing of glazing articles having dimensions greater than 39.4
by 27.6 inches (1,000 mm by 700 mm), excluding framing, may be
performed using a flat sample having the same composition as the
glazing article for which compliance is to be demonstrated. The glazing
manufacturer shall provide documentation containing its technical
justification that testing a flat sample is sufficient to verify
compliance of the glazing article with the requirements of this
paragraph (a).
    (ii) Flat sample testing is permitted only when no surface of the
full-size glazing article contains curvature with a radius less than 98
inches (2,500 mm), and when a complete, finished glazing article is
laid (convex side uppermost) on a flat horizontal surface, the distance
(measured perpendicularly to the flat surface) between the flat surface
and the inside face of the glazing article is not greater than 8 inches
(200 mm).
    (4) End-facing glazing shall demonstrate sufficient resistance to
spalling, as verified by the large impact projectile test under the
following conditions:
    (i) An annealed aluminum witness plate of maximum thickness 0.006
inch (0.15 mm) and of dimension 19.7 by 19.7 inches (500 mm by 500 mm)
is placed vertically behind the sample under test, at a horizontal
distance of 500 mm from the point of impact in the direction of travel
of the projectile or the distance between the point of impact of the
projectile and the location of the engineer's eyes in the engineer's
normal operating position, whichever is less. The center of the witness
plate is aligned with the point of impact.
    (ii) Spalling performance shall be deemed satisfactory if the
aluminum witness plate is not marked.
    (iii) For the purposes of this subpart, materials used specifically
to protect the cab occupants from spall (i.e., spall

shields) shall not be required to meet the flammability and smoke
emission performance requirements of appendix B to this part.
    (5) Each end-facing exterior window in a cab shall, at a minimum,
provide ballistic penetration resistance that meets the requirements of
appendix A to part 223.
    (6) Each end-facing exterior window in a cab shall be permanently
marked, before installation, in such a manner that the marking is
clearly visible after the material has been installed. The marking
shall include:
    (i) The words ``FRA TYPE IHS'' to indicate that the material has
successfully passed the testing requirements specified in this
paragraph (a);
    (ii) The name of the manufacturer; and
    (iii) The type or brand identification of the material.
    (b) Cab glazing; side-facing. Each side-facing exterior window in a
cab of a Tier III trainset shall--
    (1) Comply with the requirements for Type II glazing contained in
appendix A to part 223 of this chapter, for large-object impact; and
    (2) Maintain the minimum ballistics penetration resistance as
required for end-facing glazing in paragraph (a)(5) of this section.
    (c) Non-cab glazing; side-facing. (1) Except as provided in
paragraph (c)(2) of this section, each side-facing exterior window in
other than a cab shall comply with the requirements for Type II glazing
contained in appendix A to part 223 of this chapter.
    (2) Instead of the requirements specified in paragraph (c)(1) of
this section, a side-facing exterior window intended to be breakable
and serve as an emergency window exit may comply with an alternative
standard that provides an equivalent level of safety and is approved
for use by FRA.
    (d) Glazing securement. Each exterior window shall remain in place
when subjected to:
    (1) The forces due to air pressure differences caused when two
trains pass at the minimum separation for two adjacent tracks, while
traveling in opposite directions, each train traveling at the maximum
authorized speed; and
    (2) The impact forces that the exterior window is required to
resist as specified in this section.
    (e) Glazing certification. (1) Each manufacturer that provides
glazing materials, intended by the manufacturer for use in achieving
compliance with the requirements of this section, shall certify that
each type of glazing material being supplied for this purpose has been
successfully tested. Tests performed on glazing materials for
demonstration of compliance with this section, relied on by the glazing
manufacturer in furtherance of certification, may be performed by
either:
    (i) An independent third-party (laboratory, facility, underwriter);
or
    (ii) The glazing manufacturer, by providing FRA the opportunity to
witness all tests by written notice at least 30 days prior to testing.
    (2) Any glazing material certified to meet the requirements of this
section shall be re-certified by the same means (as originally
certified) if any changes are made to the glazing that may affect its
mechanical properties or its mounting arrangement on the vehicle.
    (3) All certification/re-certification documentation shall be made
available to FRA upon request.

Brake System

Sec.  238.731  Brake system.

    (a) General. Each railroad shall demonstrate through analysis and
testing the maximum safe operating speed for its Tier III trainsets
that results in no thermal damage to equipment or infrastructure during
normal operation of the brake system.
    (b) Minimum performance requirement for brake system. Each Tier III
trainset's brake system shall be capable of stopping the trainset from
its maximum operating speed within the signal spacing existing on the
track over which the trainset is operating under the worst-case
adhesion conditions defined by the railroad, as approved by FRA.
    (c) Emergency brake system. A Tier III trainset shall be provided
with an emergency brake application feature that produces an
irretrievable stop. An emergency brake application shall be available
at any time, and shall be initiated by either of the following:
    (1) An unintentional parting of the trainset; or
    (2) The train crew at locations within the trainset specified by
the railroad, as approved by FRA.
    (d) Passenger brake alarm. (1) A means to initiate a passenger
brake alarm shall be provided at two locations in each unit of a Tier
III trainset that is over 45 feet in length. When a unit of the
trainset is 45 feet or less in length, a means to initiate a passenger
brake alarm need only be provided at one location in the unit. These
locations shall be identified by the railroad as approved by FRA. The
words ``Passenger Brake Alarm'' shall be legibly stenciled or marked on
each device or on an adjacent badge plate.
    (2) All passenger brake alarms shall be installed so as to prevent
accidental activation.
    (3) During departure from the boarding platform, activation of the
passenger brake alarm shall result in an emergency brake application.
    (4) A passenger brake alarm activation that occurs after the
trainset has safely cleared the boarding platform shall be acknowledged
by the engineer within the time period specified by the railroad, as
approved by FRA, for train operation to remain under the full control
of the engineer. The method used to confirm that the trainset has
safely cleared the boarding platform shall be defined by the railroad
as approved by FRA.
    (5) If the engineer does not acknowledge the passenger brake alarm
as specified in paragraph (d)(4) of this section, at a minimum, a
retrievable full service brake application shall be automatically
initiated until the trainset has stopped unless the engineer intervenes
as described in paragraph (d)(6) of this section.
    (6) To retrieve the full service brake application described in
paragraph (d)(5) of this section, the engineer must acknowledge the
passenger brake alarm and activate appropriate controls to issue a
command for brake application as specified by the railroad, as approved
by FRA.
    (e) Degraded performance of blended brake system. The following
requirements of this paragraph (e) apply to operation of Tier III
trainsets with blended braking systems, to address degraded brake
system performance:
    (1) Loss of power or failure of the dynamic or regenerative brake
shall not result in exceeding the allowable stopping distance defined
by the railroad as approved by FRA;
    (2) The available friction braking shall be adequate to stop the
trainset safely under the operating conditions defined by the railroad,
as approved by FRA;
    (3) The operational status of the trainset brake system shall be
displayed for the engineer in the operating cab; and
    (4) The railroad shall demonstrate through analysis and testing the
maximum speed for safely operating its Tier III trainsets using only
the friction brake portion of the blended brake with no thermal damage
to equipment or infrastructure. The analysis and testing shall also be
used to determine the maximum safe operating speed for various
percentages of operative friction brakes and shall be included in the
railroad's ITM program.
    (f) Main reservoir system. (1) The main reservoirs in a Tier III
trainset

shall be designed and tested to meet the requirements of a recognized
standard specified by the railroad as approved by FRA, such as the
American Society of Mechanical Engineers (ASME) Boiler and Pressure
Vessel Code for Unfired Pressure Vessel Section VIII, Division I (ASME
Code). The working pressure shall be 150 psig (10.3 bar) and the
corresponding rated temperature shall be 150 [deg]F (65 [deg]C) unless
otherwise defined by the railroad as approved by FRA. Reservoirs shall
be certified based on their size and volume requirements.
    (2) Each welded steel main reservoir shall be drilled in accordance
with the requirements of a recognized standard specified by the
railroad as approved by FRA, such as paragraph UG-25(e) of Section VIII
of the ASME Boiler and Pressure Vessel Code. With the drain opening
located at the low point of the reservoir, one row of holes shall be
drilled lengthwise on the reservoir on a line intersecting the drain
opening and sloped to the drain opening.
    (3) A breach of a welded steel main reservoir at any of the drilled
holes described in paragraph (f)(2) of this section shall be cause for
the reservoir to be condemned and withdrawn from service. Any type of
welded repair to a steel main reservoir is prohibited.
    (g) Aluminum main reservoirs. (1) Aluminum main reservoirs used in
a Tier III trainset shall conform to the requirements of Sec.  229.51
of this chapter.
    (2) Any type of welded repair to an aluminum main reservoir is
prohibited.
    (h) Main reservoir tests. Prior to initial installation, each main
reservoir shall be subjected to a pneumatic or hydrostatic pressure
test based on the maximum working pressure defined in paragraph (f) or
(g) of this section, as appropriate, unless otherwise established by
the railroad's ITM program. Records of the test date, location, and
pressure shall be maintained by the railroad for the life of the
equipment. Periodic inspection requirements for main reservoirs shall
be defined in the railroad's ITM program.
    (i) Brake gauges. All mechanical gauges and all devices providing
electronic indication of air pressure that are used by the engineer to
aid in the control or braking of a Tier III trainset shall be located
so they may be conveniently read from the engineer's normal position
during operation of the trainset.
    (j) Brake application/release. (1) Brake actuators shall be
designed to provide brake pad and shoe clearance when the brakes are
released.
    (2) The minimum brake cylinder pressure shall be established by the
railroad, as approved by FRA, to provide adequate adjustment from
minimum service to full service for proper train operation.
    (k) Foundation brake gear. The railroad shall specify requirements
in its ITM program for the inspection, testing, and maintenance of the
foundation brake gear.
    (l) Leakage. (1) If a Tier III trainset is equipped with a brake
pipe, the leakage rates shall not exceed the limits defined in either
paragraph (l)(2) of this section, or those defined in the Air
Consumption Analysis included in the railroad ITM program, whichever is
more restrictive. The method of inspection for main reservoir pipe
leakage shall be prescribed in the railroad's ITM program.
    (2) Brake pipe leakage may not exceed 5 p.s.i. per minute; and with
a full service application at maximum brake pipe pressure and with
communication to the brake cylinders closed, the brakes shall remain
applied for at least 5 minutes.
    (m) Slide protection and alarm. (1) A Tier III trainset shall be
equipped with an adhesion control system designed to automatically
adjust the braking force on each wheel to prevent sliding during
braking.
    (2) A wheel-slide alarm that is visual or audible, or both, shall
alert the engineer in the operating cab to wheel-slide conditions on
any axle of the trainset.
    (3) The railroad shall specify operating restrictions for trainsets
with slide protection devices for when they fail to prevent wheel slide
within safety parameters preset by the railroad. Both the operating
restrictions and safety parameters shall be approved by FRA.
    (n) Monitoring and diagnostics. Each Tier III trainset shall be
equipped with a monitoring and diagnostic system that is designed to
automatically assess the functionality of the brake system for the
entire trainset. Details of the system operation and the method of
communication of brake system functionality prior to the departure of
the trainset and while en route shall be described in detail in the
railroad's ITM program.
    (o) Train securement. Independent of the pneumatic brakes, Tier III
equipment shall be equipped with a means of securing the equipment
against unintentional movement when left standing and unmanned in such
a manner that the brake system of the equipment cannot be readily
controlled by a qualified person. The railroad shall develop the
procedures used to secure the equipment and shall also demonstrate that
those procedures effectively secure the equipment on all grade
conditions identified by the railroad, as approved by FRA.
    (p) Rescue operation; brake system. A Tier III trainset's brake
system shall be designed to allow a rescue vehicle or trainset to
control its brakes when the trainset is disabled.

Interior Fittings and Surfaces

Sec.  238.733  Interior fixture attachment.

    (a) Tier III trainsets shall comply with the interior fixture
attachment strength requirements referenced in either of the following
paragraphs:
    (1) Section 238.233 and APTA PR-CS-S-006-98; or
    (2) Section 6.1.4, ``Security of furniture, equipment and
features,'' of GM/RT2100, provided that--
    (i) The conditions of Sec.  238.705(b)(2) are met;
    (ii) Interior fixture attachment strength is sufficient to resist
without failure individually applied loads of 5g longitudinal, 3g
lateral, and 3g vertical when applied to the mass of the fixture; and
    (iii) Use of the standard is carried out under any conditions
identified by the railroad, as approved by FRA.
    (b) The standards required in this section are incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at Federal Railroad
Administration, Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC
and is available from the sources indicated below. It is also available
for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER> or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) American Public Transportation Association, 1666 K Street NW,
Washington, DC 20006, www.aptastandards.com.
    (i) APTA PR-CS-S-006-98, Rev. 1, ``Standard for Attachment Strength
of Interior Fittings for Passenger Railroad Equipment,'' Authorized
September 28, 2005.
    (ii) [Reserved]
    (2) Rail Safety and Standards Board Ltd., Communications, RSSB,
Block 2 Angel Square, 1 Torrens Street, London, England EC1V 1NY,
www.rgsonline.co.uk.
    (i) Railway Group Standard GM/RT2100, Issue Four, ``Requirements
for Rail Vehicle Structures,'' December 2010.
    (ii) [Reserved]

Sec.  238.735  Seat crashworthiness (passenger and cab crew).

    (a) Passenger seating in Tier III trainsets shall comply with the
requirements referenced in either of the following paragraphs:
    (1) Section 238.233 and APTA PR-CS-S-016-99 excluding Section 6,
``Seat durability testing;'' or
    (2) Section 6.2, ``Seats for passengers, personnel, or train
crew,'' of GM/RT2100, provided that--
    (i) The conditions of Sec.  238.705(b)(2) are met;
    (ii) Seat attachment strength is sufficient to resist without
failure individually applied loads of 5g longitudinal, 3g lateral, and
3g applied to the mass of the seat; and
    (iii) Use of the standard is carried out under any conditions
identified by the railroad, as approved by FRA.
    (b) Each seat provided for an employee in the cab of a Tier III
trainset, and any floor-mounted seat in the cab, shall comply with
Sec.  238.233(e), (f), and (g).
    (c) The standards required in this section are incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at Federal Railroad
Administration, Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC
and are available from the sources indicated below. They are also
available for inspection at NARA. For information on the availability
of this material at NARA, call<PHONE_NUMBER> or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) American Public Transportation Association, 1666 K Street NW,
Washington, DC 20006, www.aptastandards.com.
    (i) APTA PR-CS-S-016-99, Rev. 2, ``Standard for Passenger Seats in
Passenger Rail Cars,'' Authorized October 3, 2010.
    (ii) [Reserved]
    (2) Rail Safety and Standards Board Ltd., Communications, RSSB,
Block 2 Angel Square, 1 Torrens Street, London, England EC1V 1NY,
www.rgsonline.co.uk.
    (i) Railway Group Standard GM/RT2100, Issue Four, ``Requirements
for Rail Vehicle Structures,'' December 2010.
    (ii) [Reserved]

Sec.  238.737  Luggage racks.

    (a) Overhead storage racks shall provide longitudinal and lateral
restraint for stowed articles. These racks shall incorporate transverse
dividers at a maximum spacing of 10 ft. (3 m) to restrain the
longitudinal movement of luggage. To restrain the lateral movement of
luggage, these racks shall also slope downward in the outboard
direction at a minimum ratio of 1:8 with respect to a horizontal plane.
    (b) Luggage racks shall comply with the requirements in either of
the following paragraphs:
    (1) Section 238.233; or
    (2) Section 6.8, ``Luggage stowage,'' of GM/RT2100, provided that--
    (i) The conditions of Sec.  238.705(b)(2) are met;
    (ii) Attachment strength is sufficient to resist without failure
individually applied loads of 5g longitudinal, 3g lateral, and 3g
vertical; and
    (iii) Use of the standard is carried out under any conditions
identified by the railroad, as approved by FRA. In particular, the
railroad shall determine the maximum allowable weight of the luggage
stowed for purposes of evaluating luggage rack attachment strength.
    (c) Railway Group Standard GM/RT2100, Issue Four, ``Requirements
for Rail Vehicle Structures,'' December 2010 is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at Federal Railroad
Administration, Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC
and is available from Rail Safety and Standards Board Ltd.,
Communications, RSSB, Block 2 Angel Square, 1 Torrens Street, London,
England EC1V 1NY, www.rgsonline.co.uk. It is also available for
inspection at NARA. For information on the availability of this
material at NARA, call<PHONE_NUMBER> or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

Emergency Systems

Sec.  238.741  Emergency window egress and rescue access.

    (a) Emergency window egress and rescue access plan. If a passenger
car in a Tier III trainset is not designed to comply with the
requirements in Sec.  238.113 or Sec.  238.114, the railroad shall
submit to FRA for approval an emergency window egress and rescue access
plan during the design review stage. The plan must include, but is not
limited to, the elements in this section.
    (b) Ease of operability. If an emergency window exit in a passenger
car requires the use of a tool, other implement (e.g., hammer), or a
mechanism to permit removal of the window panel from the inside of the
car during an emergency situation, then the plan must demonstrate the
use of the device provides a level of safety equivalent to that
required by Sec.  238.113(b). In particular, the plan must address the
location, design, and signage and instructions for the device. The
railroad shall also include a provision in its Tier III ITM program to
inspect for the presence of the device at least each day the car is in
service.
    (c) Dimensions. If the dimensions of a window opening in a
passenger car do not comply with the requirements in Sec.  238.113 or
Sec.  238.114, then the plan must demonstrate that at least an
equivalent level of safety is provided.
    (d) Alternative emergency evacuation openings. If a passenger car
employs the use of emergency egress panels or additional door exits
instead of emergency window exits or rescue access windows, then the
plan must demonstrate that such alternative emergency evacuation
openings provide a level of safety at least equivalent to that required
by Sec.  238.113 or Sec.  238.114, or both as appropriate. The plan
must address the location, design, and signage and instructions for the
alternative emergency evacuation openings.

Sec.  238.743  Emergency lighting.

    (a) Except as provided in paragraph (b) of this section, Tier III
trainsets shall comply with the emergency lighting requirements
specified in Sec.  238.115.
    (b) Emergency lighting back-up power systems shall, at a minimum,
be capable of operating after experiencing the individually applied
accelerations defined in either of the following paragraphs:
    (1) Section 238.115(a)(4)(ii); or
    (2) Section 6.1.4, ``Security of furniture, equipment and
features,'' of GM/RT2100, provided that--
    (i) The conditions of Sec.  238.705(b)(2) are met;
    (ii) The initial shock of a collision or derailment is based on a
minimum load of 5g longitudinal, 3g lateral, and 3g vertical; and
    (iii) Use of the standard is carried out under any conditions
identified by the railroad, as approved by FRA.
    (c) Railway Group Standard GM/RT2100, Issue Four, ``Requirements
for Rail Vehicle Structures,'' December 2010, is incorporated by
reference into this section with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved
material is available for inspection at Federal Railroad
Administration, Docket Clerk, 1200 New Jersey Avenue SE, Washington, DC
and is available from Rail Safety and Standards Board Ltd.,
Communications,

RSSB, Block 2 Angel Square, 1 Torrens Street, London, England EC1V 1NY,
www.rgsonline.co.uk. It is also available for inspection at NARA. For
information on the availability of this material at NARA, call 202-741-
6030 or go to www.archives.gov/federal-register/cfr/ibr-locations.html.

Cab Equipment

Sec.  238.751  Alerters.

    (a) An alerter shall be provided in the operating cab of each Tier
III trainset, unless in accordance with paragraph (e) of this section
the trainset operates in a territory where an alternate technology
providing equivalent safety is installed, such as redundant automatic
train control or redundant automatic train stop system.
    (b) Upon initiation of the alerter, the engineer must acknowledge
the alerter within the time period and according to the parameters
specified by the railroad, as approved by FRA, in order for train
operations to remain under the full control of the engineer.
    (c) If the engineer does not acknowledge the alerter as specified
in paragraph (b) of this section, at a minimum a retrievable full
service brake application shall occur until the train has stopped,
unless the crew intervenes as described in paragraph (d) of this
section.
    (d) To retrieve the full service brake application described in
paragraph (c) of this section, the engineer must acknowledge the
alerter and activate appropriate controls to issue a command for brake
application as specified by the railroad and approved by FRA.
    (e) If an alternate technology to the alerter is used, the railroad
shall conduct an analysis that confirms the ability of the technology
to provide an equivalent level of safety. This analysis shall be
approved by FRA.

Sec.  238.753  Sanders.

    (a) A Tier III trainset shall be equipped with operative sanders,
if required by the railroad and as approved by FRA.
    (b) Sanders required under this section shall comply with Sec.
229.131(a), (b), and (d) of this chapter, except that instead of the
requirements of Sec. Sec.  229.9 and 229.23 of this chapter:
    (1) The requirements of Sec.  238.17 shall apply to the tagging and
movement of a Tier III trainset with defective sanders; and
    (2) The requirements of the railroad's ITM program shall apply to
the next periodic inspection of such a trainset.
    (c) In addition to the requirements in paragraph (b) of this
section, the railroad's ITM program shall specify the inspection,
testing, and maintenance requirements for Tier III trainsets equipped
with sanders.

[GRAPHIC] [TIFF OMITTED] TR21NO18.128

0
 23. Add and reserve subpart I to part 238 to read as follows:

Subpart I--Inspection, Testing, and Maintenance Requirements for
Tier III Passenger Equipment--[Reserved]

0
 24. Appendix A to part 238 is amended by adding, in alphabetical
order, the entry for new subpart H to read as follows:

       Appendix A to Part 238--Schedule of Civil Penalties \1\ \2\
------------------------------------------------------------------------
                                                              Willful
                 Section                     Violation       violation
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
    SUBPART H--SPECIFIC REQUIREMENTS FOR TIER III PASSENGER EQUIPMENT
------------------------------------------------------------------------
238.703 Quasi-static compression load              2,500           5,000
 requirements...........................
238.705 Dynamic collision scenario......           2,500           5,000
238.707 Override protection.............           2,500           5,000

238.709 Fluid entry inhibition..........           2,500           5,000
238.711 End structure integrity of cab             2,500           5,000
 end....................................
238.713 End structure integrity of non-            2,500           5,000
 cab end................................
238.715 Roof and side structure                    2,500           5,000
 integrity..............................
238.717 Truck-to-car-body attachment....           2,500           5,000
238.721 Glazing.........................           2,500           5,000
238.731 Brake system....................           2,500           5,000
238.733 Interior fixture attachment.....           2,500           5,000
238.735 Seat crashworthiness............           2,500           5,000
238.737 Luggage racks...................           2,500           5,000
238.741 Emergency window egress and                2,500           5,000
 rescue access..........................
238.751 Alerters........................           2,500           5,000
238.753 Sanders.........................           1,000           2,000
------------------------------------------------------------------------
\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 $27,904
  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 the statutory maximum amount 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.

0
25. Amend paragraph (c) of Appendix B to part 238 by adding two
sentences to the end of note 16 of the table of ``Test Procedures and
Performance Criteria for the Flammability and Smoke Emission
Characteristics of Materials Used in Passenger Cars and Locomotive
Cabs'' to read as follows:

Appendix B to Part 238--Test Methods and Performance Criteria for the
Flammability and Smoke Emission Characteristics of Materials Used in
Passenger Cars and Locomotive Cabs

* * * * *
    (c) * * *

    \16\ * * * For purposes of this Note, the floor assembly of a
vehicle in a Tier III trainset may be tested together with undercar
design features that separate the vehicle from the fire source,
i.e., skirts and bottom covers, to protect against a fire source
under and external to the vehicle. To assess the safety associated
with testing the floor assembly in this manner, and to protect
against a fire source under the floor assembly but internal to the
vehicle, safety must also be demonstrated by conducting a fire
hazard analysis that includes the considerations in Note 17.
* * * * *

0
 26. Amend the introductory text of appendix F to part 238 by adding a
third paragraph to read as follows:

Appendix F to Part 238--Alternative Dynamic Performance Requirements
for Front End Structures of Cab Cars and MU Locomotives

* * * * *
    Although the requirements of this appendix are stated in terms
applicable to Tier I passenger equipment, they are also applicable
to Tier III passenger trainsets under Sec.  238.711. Specifically,
the cab ends of Tier III trainsets shall comply with the
requirements of this appendix to demonstrate the integrity of the
end structure.
* * * * *

0
27. Add appendix G to part 238 to read as follows:

Appendix G to Part 238--Alternative Requirements for Evaluating the
Crashworthiness and Occupant Protection Performance of Tier I Passenger
Trainsets

General

    This appendix applies to Tier I alternative passenger trainsets,
as described below. While the appendix may refer to specific units
of rail equipment in a trainset, the alternative requirements in
this appendix apply only to a trainset as a whole.
    This appendix specifies alternatives to the crashworthiness and
occupant protection performance requirements for Tier I passenger
equipment in Sec. Sec.  238.203, Static end strength; 238.205, Anti-
climbing mechanism; 238.207, Link between coupling mechanism and car
body; 238.209(a), Forward end structure of locomotives, including
cab cars and MU locomotives; 238.211, Collision posts; 238.213,
Corner posts; and 238.219, Truck-to-carbody attachment. To maintain
their integrity, these requirements apply as a whole. They also
apply in addition to the requirements of Sec. Sec.  238.209(b);
238.215, Rollover strength; 238.217, Side structure; and 238.233,
Interior fittings and surfaces; and they apply with APTA standards
for occupant protection, as specified in this appendix.
    For ease of comparison with the Tier I requirements in subpart C
of this part, this appendix is arranged in order by the Tier I
section referenced.
    Use of this appendix to demonstrate alternative crashworthiness
and occupant protection performance for Tier I passenger equipment
is subject to FRA review and approval under Sec.  238.201.

Occupied Volume Integrity

    (a) Instead of the requirements of Sec.  238.203, the units of a
Tier I alternative passenger trainset may demonstrate their occupied
volume integrity by complying with both the quasi-static compression
load and dynamic collision requirements in Sec. Sec.  238.703(b) and
238.705, respectively.

Override Protection

    (b) Colliding equipment. Instead of the requirements of Sec.
238.205, the units of a Tier I alternative passenger trainset may

demonstrate their ability to resist vertical climbing and override
at each colliding interface during a train-to-train collision by
complying with the dynamic collision requirements in Sec.
238.707(a).
    (c) Connected equipment. Instead of the requirements of
Sec. Sec.  238.205 and 238.207, when connected, the units of a Tier
I alternative passenger trainset may demonstrate their ability to
resist vertical climbing and override by complying with the dynamic
collision requirements in Sec.  238.707(b).

Fluid Entry Inhibition

    (d) Instead of the requirements of Sec.  238.209(a), each cab
end of a Tier I alternative passenger trainset may demonstrate its
ability to inhibit fluid entry and provide other penetration
resistance by complying with the requirements in Sec.  238.709.

End Structure Integrity of Cab End

    (e) Each cab end of a Tier I alternative passenger trainset is
subject to the requirements of appendix F to this part to
demonstrate cab end structure integrity. For those cab ends without
identifiable corner or collision posts, the requirements of appendix
F to this part apply to the end structure at the specified
locations, regardless of whether the structure at the specified
locations is a post.

End Structure Integrity of Non-Cab End

    (f) Instead of the applicable requirements of Sec. Sec.  238.211
and 238.213, the units of a Tier I alternative trainset may
demonstrate end structure integrity for other than a cab end by
complying with the requirements in Sec.  238.713(b) and (c).

Roof and Side Structure Integrity

    (g) A Tier I alternative passenger trainset is subject to the
requirements of Sec. Sec.  238.215 and 238.217 to demonstrate roof
and side structure integrity.

Truck Attachment

    (h) Instead of the requirements of Sec.  238.219, the units of a
Tier I alternative passenger trainset may demonstrate their truck-
to-carbody attachment integrity by complying with the requirements
in Sec.  238.717 (b) through (e).

Interior Fixture Attachment

    (i)(1) A Tier I alternative passenger trainset is subject to the
interior fixture requirements in Sec.  238.233. Interior fixtures
must also comply with APTA PR-CS-S-006-98, Rev. 1, ``Standard for
Attachment Strength of Interior Fittings for Passenger Railroad
Equipment,'' Authorized September 28, 2005, and those portions of
APTA PR-CS-S-034-99, Rev. 2, ``Standard for the Design and
Construction of Passenger Railroad Rolling Stock,'' Authorized June
11, 2006, relating to interior fixtures.
    (2) The standards required in this paragraph (i) are
incorporated by reference into this paragraph with the approval of
the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR
part 51. All approved material is available for inspection at
Federal Railroad Administration, Docket Clerk, 1200 New Jersey
Avenue SE, Washington, DC and available from the American Public
Transportation Association, 1666 K Street NW, Washington, DC 20006,
www.aptastandards.com. It is also available for inspection at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER> or
go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) APTA PR-CS-S-006-98, Rev. 1, ``Standard for Attachment
Strength of Interior Fittings for Passenger Railroad Equipment,''
Authorized September 28, 2005.
    (ii) APTA PR-CS-S-034-99, Rev. 2, ``Standard for the Design and
Construction of Passenger Railroad Rolling Stock,'' Authorized June
11, 2006.

Seat Crashworthiness (Passenger and Crew)

    (j) Passenger seating. (1) Passenger seating in a Tier I
alternative passenger trainset is subject to the requirements for
seats in Sec.  238.233 and must also comply with APTA PR-CS-S-016-
99, Rev. 2, ``Standard for Passenger Seats in Passenger Rail Cars,''
Authorized October 3, 2010, with the exception of Section 6, ``Seat
durability testing.''
    (2) APTA PR-CS-S-016-99, Rev. 2, ``Standard for Passenger Seats
in Passenger Rail Cars,'' Authorized October 3, 2010, is
incorporated by reference into this paragraph (j) with the approval
of the Director of the Federal Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is available for inspection at
Federal Railroad Administration, Docket Clerk, 1200 New Jersey
Avenue SE, Washington, DC and is available from the American Public
Transportation Association, 1666 K Street NW, Washington, DC 20006,
www.aptastandards.com. It is also available for inspection at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER> or
go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (k) Crew seating. Each seat provided for an employee regularly
assigned to occupy the cab of a Tier I alternative passenger
trainset, and any floor-mounted seat in the cab, must comply with
Sec.  238.233(e), (f), and (g).

0
28. Add appendix H to part 238 to read as follows:

Appendix H to Part 238--Rigid Locomotive Design Computer Model Input
Data and Geometrical Depiction

    (a) As specified in Sec.  238.705(a)(4), this appendix provides
input data and a geometrical depiction necessary to create a
computer model of the rigid locomotive design for use in evaluating
the occupied volume integrity of a Tier III trainset in a dynamic
collision scenario. (This appendix may also be applied to a Tier I
alternative passenger trainset to evaluate its occupied volume
integrity, in accordance with appendix G to this part).
    (b) The input data, in the form of an input file, contains the
geometry for approximately the first 12 feet of the rigid locomotive
design. Because this input file is for a half-symmetric model, a
locomotive mass corresponding to 130,000 pounds of weight is
provided for modeling purposes--half the 260,000 pounds of weight
specified for the locomotive in Sec.  238.705(a)(4). Figure 1 to
this appendix provides two views of the locomotive's geometric
depiction. The input data is contained in Appendix C to FRA's
Technical Criteria and Procedures Report, available at http://www.fra.dot.gov/eLib/details/L01292#p4_z50_gD_lRT.

[GRAPHIC] [TIFF OMITTED] TR21NO18.129

    Issued in Washington, DC.
Ronald L. Batory,
Administrator.
[FR Doc. 2018-25020 Filed 11-20-18; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55340-55341]
[FR Doc No: 2020-19787]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Wednesday, September 9, 2020.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topic:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: September 2, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-19787 Filed 9-2-20; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices]
[Page 55245-55246]
[DOCID:fr27oc09-69]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2004-N-0063] (formerly Docket No. 2004N-0346)

Saccharomyces boulardii Eligibility for Consideration To Be Added
to the Over-the-Counter Drug Monograph for Antidiarrheal Drug Products;
Request for Safety and Effectiveness Data; Withdrawal

AGENCY: Food and Drug Administration, HHS.

ACTION: Withdrawal of notice of eligibility and request for data and
information.

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

SUMMARY: We (Food and Drug Administration (FDA)) are withdrawing a
notice of eligibility and call-for-data for safety and effectiveness
information. The original notice published in the Federal Register of
August 23, 2004 (69 FR 51852). In that notice, we announced that
Saccharomyces boulardii (S. boulardii) was eligible for consideration
to be added to the over-the-counter (OTC) monograph for antidiarrheal
drug products.

FOR FURTHER INFORMATION CONTACT: Michael L. Koenig, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, rm. 5411, Silver Spring, MD 20993-0002, 301-
796-2090.

SUPPLEMENTARY INFORMATION: In 2004, we published a notice of
eligibility for consideration of the yeast S. boulardii in the OTC drug
monograph system. We announced our intention to evaluate S. boulardii
for inclusion in the monograph for OTC antidiarrheal drug products (21
CFR part 335). The notice also requested submission of data and
information on the safety and effectiveness of S. boulardii for us to
determine whether it could be generally recognized as safe and
effective (GRAS/E) and not misbranded for its proposed OTC drug use.
    S. boulardii for antidiarrheal use meets the definition of a drug
in the Federal Food, Drug, and Cosmetic Act.

(See section 201(g)(1) (21 U.S.C. 321(g)(1).) S. boulardii is a yeast
or unicellular fungus and, therefore, also meets the definition of a
biological product in the Public Health Service Act for this use. (See
section 351(i) (42 U.S.C. 262(i) and 21 CFR 600.3(h)(1).) We have
determined that this yeast is more appropriately regulated as a
biological product under the biologics license application system than
as an OTC drug product under the monograph system. Because we have
decided to regulate S. boulardii as a biological product, S. boulardii
is not eligible for consideration to be included in an OTC drug
monograph. Therefore, this document withdraws the 2004 notice of
eligibility permitting consideration of S. boulardii for addition to
the monograph for OTC antidiarrheal drug products. This document also
withdraws our 2004 request for submission of safety and effectiveness
data and information on S. boulardii for OTC antidiarrheal use. Any
further consideration of the potential therapeutic use(s) of this yeast
should be addressed under regulations and procedures governing
biological products.

    Dated: October 22, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-25803 Filed 10-26-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35666-35667]
[FR Doc No: 2019-15683]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Petition for Declaratory Order

------------------------------------------------------------------------
                                                    Docket Nos.
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Bluestone Solar, LLC....................  EL19-85-000
Chicago Holdeo LLC
CMR Solar, LLC
Frontenac Holdeo LLC
Montevideo Solar LLC
Sartell Solar LLC
Underhill Solar, LLC....................  ..............................
Bluestone Solar, LLC....................  QF19-1315-001
Chicago Holdeo LLC......................  QF19-1299-001
CMR Solar, LLC..........................  QF19-1302-001
Frontenac Holdeo LLC....................  QF19-1300-001
Montevideo Solar LLC....................  QF19-1311-001
Sartell Solar LLC.......................  QF19-1314-001

Underhill Solar, LLC....................  QF19-1301-001
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    Take notice that on July 17, 2019, pursuant to Rule 207 of the
Rules of Practice and Procedure of the Federal Energy Regulatory
Commission (Commission),\1\ Bluestone Solar, LLC, Chicago Holdeo LLC,
CMR Solar LLC, Frontenac Holdeo LLC, Montevideo Solar LLC, Sartell
Solar LLC, and Underhill Solar, LLC (collectively, Petitioners) filed a
petition for declaratory order (petition) requesting that the
Commission grant partial waiver of the Qualifying Facility (QF) filing
requirements set forth in Section 292.203(a)(3) of the Commission's
regulations \2\ for the time periods beginning when they commenced
operating their respective generation facilities and ending with their
filing of self-certification of QF status on June 24, 2019 and June 26,
2019, all as more fully explained in the petition.
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    \1\ 18 CFR 385.207 (2018).
    \2\ 18 CFR 292.203(a)(3) (2018).
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    Any person desiring to intervene or to protest in this proceeding
must file in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
will be considered by the Commission in determining the appropriate
action to be taken, but will not serve to make protestants parties to
the proceeding. Any person wishing to become a party must file a notice
of intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioners.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above proceeding are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the website that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on August 16, 2019.

    Dated: July 18, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-15683 Filed 7-23-19; 8:45 am]
 BILLING CODE 6717-01-P