[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Proposed Rules]
[Pages 14036-14096]
[FR Doc No: 2020-03521]

Vol. 85

Tuesday,

No. 47

March 10, 2020

Part III

Department of Transportation

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Federal Railroad Administration

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49 CFR 299

Texas Central Railroad High-Speed Rail Safety Standards; Proposed Rule

Federal Register / Vol. 85 , No. 47 / Tuesday, March 10, 2020 /
Proposed Rules

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 299

[Docket No. FRA-2019-0068, Notice 1]
RIN 2130-AC84

Texas Central Railroad High-Speed Rail Safety Standards

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking; rule of particular
applicability.

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SUMMARY: FRA is proposing a rule of particular applicability (RPA) to
establish safety standards for the Texas Central Railroad (TCRR or the
railroad) high speed rail system. The proposed standards are not
intended for general application in the railroad industry, but would
apply only to the TCRR system planned for development in the State of
Texas. The proposed RPA takes a systemsapproach to safety, and so
includes standards that address all aspects of the TCRR high-speed
system, including signal and trainset control, track, rolling stock,
operating practices, system qualifications, and maintenance. The TCRR
system is planned to operate from Houston to Dallas, on dedicated
track, with no grade crossings, at speeds not to exceed 330 km/h (205
mph). The TCRR rolling stock, track, and core systems will replicate
the Central Japan Railway Company (JRC), Tokaido Shinkansen high-speed
rail system, and will be used exclusively for revenue passenger
service.

DATES: Written comments must be received by May 11, 2020. Comments
received after that date will be considered to the extent possible
without incurring additional expense or delay.
    FRA anticipates holding three public hearings to receive oral
comment on this NPRM, and that proceedings will also be necessary under
49 U.S.C. 20306. FRA will publish a separate announcement in the
Federal Register to inform interested parties of the date, time, and
location of these hearings.

ADDRESSES: Comments: Comments related to Docket No. FRA-2019-0068,
Notice No. 1, may be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting
comments;
     Fax:<PHONE_NUMBER>;
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Room W12-140, Washington, DC
20590; or
     Hand Delivery: Docket Management Facility, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140 is located
on the ground level of the West Building, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking (2130-AC84). Note that all comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act heading in the
Supplementary Information section of this document for Privacy Act
information related to any submitted comments or materials.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or
visit the Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Room W12-140 on the Ground
level of the West Building, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Frederick Mottley, Systems Engineer,
U.S. Department of Transportation, Federal Railroad Administration,
Office of Railroad Safety, 1200 New Jersey Avenue SE, Washington, DC
20590 (telephone:<PHONE_NUMBER>); or Michael Hunter, Attorney Adviser,
U.S. Department of Transportation, Federal Railroad Administration,
Office of Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC
20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Statutory Authority
III. Regulatory Approach
IV. Project Background and Regulatory Development
    A. History of Tokaido Shinkansen
    B. RPA Development Process
    C. The Proposed System
    1. Rolling Stock
    2. Automatic Train Control System
    3. Track Safety Standards
    4. Maintenance-of-Way Operations
    5. System Qualification
    6. Personnel Qualification
    7. Inspection, Testing, and Maintenance
    8. Operating Rules and Practices
    D. Applicability of FRA's Current Regulations
    E. Incorporation by Reference
    F. Enforcement
V. Regulatory Impact and Notices
    A. Executive Orders 12866 and 13771, and DOT Regulatory Policies
and Procedures
    B. Regulatory Flexibility Act and Executive Order 13272;
Regulatory Flexibility Assessment
    C. Paperwork Reduction Act
    D. Federalism Implications
    E. International Trade Impact Assessment
    F. Environmental Impact
    G. Executive Order 12898 (Environmental Justice)
    H. Executive Order 13175 (Tribal Consultation)
    I. Unfunded Mandates Reform Act of 1995
    J. Energy Impact
    K. Privacy Act Statement

I. Executive Summary

    On August 30, 2019, FRA granted TCRR's petition for rulemaking
(petition), which was submitted April 15, 2016. TCRR's petition
represented that the regulatory requirements offered by TCRR translate
the technological and operational aspects of the JRC Tokaido Shinkansen
system.
    The Tokaido Shinkansen first went into service on October 1, 1964,
under the operation of the Japanese National Railways (JNR). On April
1, 1987, JNR was privatized and split into six passenger railroads and
a freight railroad. JRC was the company that took over operations of
the Tokaido Shinkansen system, and is still operating the system today.
In 50+ years of Tokaido Shinkansen system operations, JNR, and now JRC,
have optimized its operations to a very high level of performance.
Accordingly, the Shinkansen has moved over 6 billion passengers without
a passenger fatality or injury due to trainset accidents such as a
derailment or collision.
    TCRR intends to implement a high-speed passenger rail system, based
upon the service-proven technology used on the Tokaido Shinkansen and
replicating the operational and maintenance practices and procedures
employed by JRC. TCRR plans to implement the latest, service-proven
derivative of the N700 trainset and other core systems currently in use
on the Tokaido Shinkansen line,\1\ which have been refined for high-
speed operations over the last 50+ years. TCRR plans to adapt the N700
series trainset and supporting systems in a manner that is appropriate
for the Texas environment and operate under a regulatory framework that
enables FRA to provide effective safety oversight.
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    \1\ Subsequent references to ``N700'' or ``N700 series
trainset'' are meant to refer to the N700 series trainset currently
in, or future variants approved for, use.
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    Additionally, FRA has prepared an analysis of the economic impact
of this

proposed rule under section V.A., below. FRA concluded that because the
NPRM generally includes only voluntary actions, or alternative action
that would be voluntary, the NPRM does not impart additional burdens on
TCRR.

II. Statutory Authority

    Under the Federal railroad safety laws, FRA has jurisdiction over
all railroads, as defined in 49 U.S.C. 20102, except urban rapid
transit operations that are not connected to the general railroad
system of transportation. Moreover, FRA would consider a stand-alone
intercity railroad line to be part of the general system, even though
not physically connected to other railroads (as FRA has previously
stated with respect to the Alaska Railroad; see 49 CFR part 209,
appendix A). FRA considers the contemplated TCRR system as intercity
passenger rail, not urban rapid transit. Accordingly, the TCRR system
will be subject to FRA jurisdiction whether it is connected to the
general railroad system or not. Please see FRA's policy statement
discussing in greater detail FRA's jurisdiction over passenger
railroads, which includes discussion on how FRA's characterizes
passenger operations, contained at 49 CFR part 209, appendix A.
    FRA has a regulatory program in place, pursuant to its statutory
authority, to address equipment, track, operating practices, and human
factors in the existing, conventional railroad environment. However,
significant operational and equipment differences exist between the
system proposed for Texas and existing passenger operations in the
United States. In many of the railroad safety disciplines, FRA's
existing regulations do not address the safety concerns and operational
peculiarities of the proposed TCRR system. Therefore, in order to allow
TCRR to operate with effective safety oversight, an alternative
regulatory approach is required.

III. Regulatory Approach

    Consistent with its statement in the most recent Passenger
Equipment Safety Standards final rule, published November 21, 2018 (83
FR 59182), FRA proposes to regulate the TCRR system as a standalone
system under this enabling rule. FRA stated that a standalone system
regulation would have to bring together all aspects of railroad safety
(such as operating practices, signal and trainset control, and track)
that must be applied to the individual system. See 83 FR 59182, 59186.
Such an approach covers more than passenger equipment, and would likely
necessitate particular right-of-way intrusion protection and other
safety requirements not adequately addressed in FRA's regulations. FRA
continues to believe that addressing proposals for standalone high-
speed rail systems on a case-by-case basis and comprehensively (such as
through an RPA or other specific regulatory action(s)) is prudent
because of the small number of potential operations, and the potential
for significant and unique differences in their design. Entities
considering such operations voluntarily assume the higher costs of
building new infrastructure, knowing they cannot take advantage of the
cost savings from sharing existing infrastructure.
    Alternatively, FRA could issue a comprehensive set of waivers from
FRA's existing regulations, to the extent permitted by law, under 49
U.S.C. 20103(b), in order to provide regulatory approval to the
operation. However, in this case, electing to develop and publish a
comprehensive regulation is a more efficient alternative. Such a
regulation, in addition to providing regulatory approval, institutes a
comprehensive regulatory framework, that provides TCRR clarity on the
minimum Federal safety standards that it must comply with through
technology-specific requirements, incorporating the service-proven
aspects of the Tokaido Shinkansen system. Additionally, it provides the
railroad a higher degree of regulatory certainty than would waivers, as
waivers are revocable, subject to changing conditions, and necessitate
renewal, generally every five years.

IV. Project Background and Regulatory Development

    TCRR plans to construct and operate a high-speed rail system
running approximately 240 miles from Houston, TX, to Dallas, TX, with a
stop in Grimes County east of College Station, TX. The system's
trainset will travel on dedicated rail, with no public grade crossings,
in exclusive passenger service, at speeds not to exceed 330 km/h (205
mph). These operational characteristics, and the equipment that TCRR
plans to use, mark a significant technological advancement in regional,
high-speed, passenger rail service in the United States.
    The system TCRR proposes to build in Texas will replicate the
service-proven Japanese Tokaido Shinkansen high-speed rail system, as
operated by JRC. TCRR is modeling its system on the Tokaido Shinkansen
system because of its reputation as being one of the safest and most
punctual train systems in the world over its 50-year history. TCRR
seeks to model its operation on JRC's operational and maintenance
practices and philosophies, and utilize the high-speed technology that
was developed and refined in Japan, known as the Shinkansen N700 series
(Shinkansen or N700). The Shinkansen series of high-speed trainsets has
been in service in Japan since 1964 and has safely carried over 6
billion passengers with no passenger fatalities or injuries due to
trainset accidents/incidents such as a derailment or collision in while
in revenue train operations. The N700 series was first introduced by
JRC in 2007.
    This is a traditional rail system, in the sense that steel wheels
operate over steel rails, powered by electrical power that is carried
and transferred to the equipment through an overhead catenary system.
However, the Tokaido Shinkansen system is engineered to maximize the
advantage of its dedicated environment, resulting in rolling stock that
is much lighter than conventional rail vehicles; track conditions that
are tuned specifically to low-mass, high-speed operations; and advanced
aerodynamic technology that facilitates travel at very high speeds,
with minimal track and equipment degradation.
    The lightweight design of the equipment permits exceptional
performance and safety for high-speed travel, but also lends itself to
inherent deficiencies if exposed to many of the risks presented by
conventional lines, such as a train-to-train collision or a grade
crossing accident, particularly where heavy freight or commercial
vehicles are present. To counter this aspect of the design, the Tokaido
Shinkansen system and N700 series of trainsets are operated with a
focus on collision avoidance, utilizing a systems-approach to safety to
mitigate or eliminate potential risks through the design of the entire
system as a whole, rather than focusing on individual aspects of an
operation (e.g., rolling stock crashworthiness). This approach to
eliminating or mitigating risks and hazards through design has an
inherent safety that has proven to be incredibly successful. (It is
also important to note that the Texas system will be prohibited, as
proposed in this NPRM, from allowing any freight traffic on its
system.) The Shinkansen is equipped with an advanced trainset control
system that is optimized for the high-speed operations. The Shinkansen
system has an exceedingly safe record, which is discussed in greater
detail below.

A. History of the Tokaido Shinkansen

    The term ``Shinkansen'' is used to denote the Japanese high-speed
rail system, also known as the ``bullet train.'' The Japan National
Railway system was privatized into six passenger railways in 1986. The
name ``Tokaido Shinkansen'' is the initial high-speed trainset system
introduced in 1964. It is now owned and operated by JRC.
    The Tokaido Shinkansen operates high-speed service between Tokyo
and Shin-Osaka, a route that is 515 km long, at a maximum operating
speed of 270 km/h (168 mph).\2\ With 17 passenger stations on the
system, the operation includes 368 daily departures. Although TCRR is
replicating the Tokaido Shinkansen system, FRA notes that some of the
N700 trainsets also travel over the Sanyo Shinkansen system between
Shin-Osaka and Hakata, a route that is 554 km in length, which is
operated by the West Japan Railway Company. The maximum operating speed
is 300 km/h on the Sanyo Shinkansen.
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    \2\ In order to accurately replicate the JRC operation of the
Tokaido Shinkansen, and to minimize rounding and other errors
associated with converting units of measurement, the text of this
proposed rule uses the International System of Units (i.e., the
metric system), rather than the standard units of measurement more
commonly used in the U.S. rail environment, as these are the units
of measurement used by JRC.
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    Each 16-car trainset on the Tokaido Shinkansen is equipped with
1,323 seats. According to JRC, the annual ridership in 2017 was 170
million passengers, or 466,000 passengers per day. In over 50 years of
service, the Shinkansen has moved over 6 billion passengers and
traveled over 632 million rolling stock miles. The minimum headway
between high-speed trainsets is 3 minutes 15 seconds during peak travel
times. The average annual delay of trainsets is less than 1 minute.

B. RPA Petition Development Process

    In March 2014, TCRR sought FRA's technical assistance in the
development of a rulemaking petition. In order to assist TCRR with its
effort, an RPA Working Group was established consisting of Core Team
members from both TCRR and FRA. For discipline-specific discussions,
the RPA Core Team was able to call upon the technical expertise of
subject matter experts to discuss the technical justifications for
departures from existing U.S. requirements or minor modifications to
the JRC practices as adapted for the smaller system \3\ proposed in
Texas. The RPA Working Group held 25 meetings from March 2014 to April
2016,4 5 to discuss specific topics to be covered by the
proposed RPA. The final work product of these meetings is the proposed
rule text and supporting documentation included in the rulemaking
docket.
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    \3\ TCRR's contemplated system will be smaller than JRC's
Tokaido Shinkansen in almost every way, such as overall length of
system, number of station stops, and anticipated frequency of daily
trainset departures, to name a few aspects.
    \4\ Exhibit E to TCRR's rulemaking petition contains all the
presentations that were discussed during the 25 meetings held
between TCRR and FRA. All the meeting presentations are in the
rulemaking docket, FRA-2019-0068.
    \5\ Additional meetings were held after the petition was
submitted in April and August of 2019. Both were informational
technical meetings. Copies of the presentations discussed at these
meetings are included in the rulemaking docket, FRA-2019-0068.
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    On April 15, 2016, TCRR submitted to FRA its petition for an RPA to
address the safe operation of a high-speed rail system in Texas, based
on the Japanese Shinkansen technology. TCRR supplemented its petition
in August 2016, and again in September 2017. See FRA Docket No. FRA-
2019-0068.
    TCRR's petition contained proposed regulatory text--along with
supporting technical data--providing a regulatory framework that
applies the holistic ``systems'' approach. Specifically, through its
petition, TCRR has translated and adapted the technology specific
aspects of the Tokaido Shinkansen system into a format that enables
effective regulatory oversight by FRA. The Tokaido Shinkansen operation
ensures safe operations through application of a systems approach to
safety and accident avoidance philosophy. Safety can only be ensured
through a holistic approach; attention to or focus on individual
aspects of the operation alone may not be sufficient. TCRR used in its
development of its rulemaking petition, a previous proposed RPA for the
Florida Overland eXpress (62 FR 65478), to help identify the regulatory
needs of the proposed high-speed system operations, which are not
currently covered by a consistent set of regulatory requirements.
    FRA granted TCRR's rulemaking petition on August 30, 2019, stating
that it would undertake this rulemaking process.

C. The Proposed System

    TCRR will replicate the Tokaido Shinkansen system and its essential
technologies in Texas. The TCRR system will be based on accident
avoidance principles to assure that collisions or other operational
risks and hazards are eliminated or reduced to the highest degree
possible, as is done in Japan. The system includes a dedicated, grade-
separated, and fully fenced right-of-way, equipped with intrusion
detection capabilities to detect the intrusion of unauthorized vehicles
into the right-of-way. It is designed to facilitate only high-speed
rail trainsets of a specific type on the right-of-way during revenue
operations, with a strict temporal separation of maintenance
activities. The system will have no at-grade crossings with any other
rail system or surface transportation modes, such as highway vehicles.
This approach ensures that the complete system mitigates any potential
risks and is consistent with the N700 series trainsets that have been
chosen as the service-proven rolling stock platform for TCRR.
    This proposed rule requires the TCRR system to implement all the
service-proven, safety-critical aspects of the Japanese Shinkansen
system. It also provides for the FRA approval of the key system
elements as implemented in Texas. The proposed rule text incorporates
the structural characteristics of the N700 series trainset in a manner
that can be regulated and enforced by FRA, and requires the system to
be designed, operated, and maintained in a manner that effectively
mitigates any hazard that could compromise the integrity of the
trainset. Implementing the N700 series trainsets as they are currently
designed (with minor modifications that do not impact the safety
performance of the trainset, as further discussed below), along with
the accident mitigation measures required by a systems approach and
defined in the proposed rule text, will allow TCRR to replicate the
service-proven system and operations of the Tokaido Shinkansen system.
    FRA makes clear that this rule proposes to codify standards and
practices unique to JRC's operations that are inherent to the safe
operation of this proposed service in Texas, which must be maintained
and protected in order to ensure that the safety record of the Tokaido
Shinkansen can be effectively transferred.
1. Rolling Stock
    The basis of the TCRR operation is the adoption of the Tokaido
Shinkansen system with the N700 series trainset, and its variants, as
the rolling stock, adapted for service in Texas. JRC's N700 series
trainsets, have been in service since 2007 on the Tokaido Shinkansen
line and operate up to speeds of 300 km/h on the adjacent Sanyo
Shinkansen line. The N700 trainset is an electric multiple unit (EMU)
trainset design based upon an accident avoidance

philosophy to ensure safe, reliable, and efficient service. The current
design has been continuously refined with these principals in mind,
building on over 50 years of experience that JRC has developed,
together with its rolling stock manufacturers, in the design,
operation, and maintenance of integrated high-speed trainsets. This
proposed rule maintains the service-proven safety and operational
history of this trainset, while adapting it to the conditions unique to
TCRR's operating environment.
    At the time of TCRR's petition, FRA was developing its rule (now
final) governing the next generation of interoperable high-speed
trainsets, known as Tier III. See 83 FR 59182. A primary goal of this
rule was to provide more performance-based safety standards to allow
U.S. operations to benefit from the service-proven high-speed trainset
designs operating throughout the world, in a manner that allows for
continuous technological innovation. Because the Tier III rule
considered designs and operational practices such as those used on the
Tokiado Shinkansen in its development, TCRR was able to take advantage
of a paradigm shift in FRA's regulatory approach to high-speed
passenger rail as established by the November 2018 Passenger Equipment
Safety Standards final rule. As such, the rolling stock requirements of
this proposed rule, contained in proposed subpart D, focus largely on
those elements that differ from the Tier III standards, either because
a risk that exists on the general system has been eliminated or highly
mitigated (e.g., grade crossings), or because the strict adherence to a
requirement might otherwise effect the safety proven aspect of the
design (e.g., suspension design). A brief explanation of substantive
deviations or essential areas of note are articulated in further detail
below.
Trainset Structure
    As previously stated, the central philosophy behind the safety
approach of the Tokiado Shinkansen is collision avoidance and accident
prevention. By eliminating and mitigating common risks and hazards to
high-speed rail operations through design and technology, the need to
provide occupant protection to mitigate certain accident scenarios
through carbody structural requirements can be greatly reduced. By
prohibiting other types of equipment (i.e., conventional passenger and
freight equipment) from operating over the same track, eliminating at-
grade crossings with motor vehicles (particularly commercial
equipment), temporally separating maintenance-of-way operations, and
providing enhanced train control and intrusion protection technology, a
higher level of safety can be attained rather than just relying on
occupant protection standards after an accident occurs. This allows for
the trainset design to focus on reducing mass and aerodynamic
inefficiencies, which not only provides improved economic and
environmental performance, but also provides for additional safety
through improved braking characteristics, better stability, and reduced
wear on running gear and tracks.
    Furthermore, since the general system requirements often drive the
carbody design, FRA believes requiring them, without cause, would
result in significant changes, negating the service-proven design of
the N700 series trainset. This could potentially have a negative effect
with respect to braking, trainset stability, and wear on the track
structure and running gear.
    FRA is not proposing TCRR comply with the more robust conventional
U.S. crashworthiness and occupant protection requirements applicable to
equipment operating over the general system, which are driven largely
by train-to-train collisions and grade crossing conflicts, as these
risks have been heavily mitigated through the design of the system
(i.e., prohibition of both comingling with heavy freight equipment and
grade crossings). However, FRA does propose to retain the
crashworthiness and occupant requirements established by JRC to address
potential residual risks to the operation and to ensure the trainset
can handle the expected operational loads experienced in the intended
service environment. Specifically, FRA proposes that TCRR demonstrate
that the trainsets used in Texas have the same occupied volume
integrity as those used on the Tokaido Shinkansen, verified through
quasi-static compression and dynamic collision scenario testing.
Additionally, FRA is proposing that TCRR also verify the trainset's
resistance to override, should a collision occur. Further, FRA is
proposing that TCRR demonstrate its trainsets meet the same roof and
side structure integrity requirements, and truck-to-carbody attachment
strength requirements, as the N700 series trainset operated by JRC.
    The proposed rule requires trainset interior fittings to be
securely attached and designed to operate without failure under
conditions and loads to be expected in TCRR's proposed operating
environment. The rule does not adopt the conventional attachment
loading, as doing so would jeopardize other safety critical designs of
the service-proven N700 series trainset (e.g., the suspension system).
In addition, all interior surfaces should be free of corners and sharp
edges that could pose a hazard to occupants under sudden deceleration
or braking events.
    The proposed rule will require cab end-facing glazing to comply
with Tier III requirements: Large object impact test in accordance with
EN15152 and the ballistic impact resistance requirements under appendix
A of 49 CFR part 223. Side-facing glazing are proposed to meet FRA's
current Type II requirements, unless an alternative standard is
approved, which is also what Tier III equipment must comply with. FRA
welcomes comments on whether international standards exist for side-
facing glazing that may be better suited for very high-speed
operations, particularly those operating in dedicated and protected ROW
environments as the rule proposes.
    FRA believes these baseline trainset carbody requirements, to
include interior fittings and glazing, will ensure that the trainset
remains stable and safe for the high-speed environment it is intended
to operate in, while protecting against the very low residual potential
derailment and foreign object collision risks.
Braking System Requirements
    This rule proposes requirements for the brake system based upon
FRA's November 2018 Passenger Equipment Safety Standards final rule,
with modifications where appropriate for technology specific to the
N700 series trainset. The brake commands are transmitted through the
trainset-borne network system, as well as through the trainline for
redundancy. Unlike typical North American brake systems, the N700
series trainset uses a loop circuit for the urgent brake control and
does not have brake pipes. The brake system of a motorized car on a
N700 series trainset has a blended brake system, consisting of an
electronically controlled pneumatic brake and a regenerative brake. A
non-motorized car on a N700 series trainset has an electronically
controlled pneumatic brake. The brake system on the N700 series
trainset also has a state-of-the-art wheel slide control system.
    Consistent with proper railway engineering practice, the proposed
rule would require the railroad to demonstrate the maximum safe
operating speed for the trainsets without thermal damage to equipment
or infrastructure during normal operation of the brake system. The
brake system

must be capable of stopping the trainset from its maximum operating
speed within the signal spacing on the track under the realistic worst-
case adhesion conditions expected. As proposed, tests on trainsets to
verify the brake system performs as expected will be conducted during
the pre-revenue service qualification testing proposed under subpart F.
Additionally, operational restrictions based on degraded braking system
performance are to be addressed by the railroad under the proposed
requirements for movement of defective equipment.
    The N700 series trainset braking system utilizes an ``urgent''
brake as defined in the proposed Sec.  299.5. An urgent brake is
equivalent to the emergency brake in the U.S. in that it produces an
irretrievable stop, with maximum braking effort. The N700 series
trainset has an urgent brake switch for use by the trainset crew from
the controlling cab and the conductor's room(s). The use of the urgent
brake by the conductor is usually within stations to assure passenger
safety when boarding and alighting from the trainset. The proposed rule
requires that an urgent brake application be available at any time, and
shall be initiated by an unintentional parting of the trainset or
action by the trainset crew. Further, the station platform will be
equipped with trainset protection switches on the station platform so
that both station personnel and conductors can activate the urgent
brake on the trainset in the event that they observe an unsafe
condition during boarding/alighting of trainsets.
    The proposed rule requires a means to initiate a passenger brake
alarm at two locations in each unit of a trainset, consistent with the
requirements developed for Tier III trainsets. The proposed rule does
not incorporate the exception provision for length of individual cars
as it is applicable to shorter designs than the N700 series trainset.
    Additionally, the N700 series trainset braking system utilizes an
``emergency'' brake as defined in the proposed Sec.  299.5. The
emergency brake on the N700 series trainset is equivalent to the North
American full-service brake.
    Requirements for the main reservoir system are based on the
requirements included in the November 2018 Tier III final rule, but
modified to accommodate the specific design standards used for the N700
series trainset. The proposed rule requires the brake system main
reservoirs in a trainset to be designed and tested to meet the pressure
vessel standards in Japanese Industrial Standard JIS B 8265,
``Construction of pressure vessels-general principles.'' This is the
same pressure vessel standard the N700 series trainsets comply with to
operate in Japan. The JIS standard adequately ensures that the pressure
vessel (the main reservoir) is suitable for the service conditions
under which the brake system main reservoirs will operate, ensuring
that the system replicates the service-proven brake system used
currently on the N700, operated on the Tokaido Shinkansen. Requiring
adherence to conventional U.S. standards would not be prudent, as this
would jeopardize the service-proven aspect of the design.
Fire Safety
    The proposed rule will require interior furnishings to be compliant
with current FRA flammability and smoke emission requirements under
appendix B to part 238 (see, generally, the discussion of FRA's
flammability and smoke emission requirements at 64 FR 25660, 67 FR
42909, and 83 FR 59182). Many of the elements affected by fire safety
standards are driven by business decisions made by the project (e.g.,
carpeting, seating fabric, etc.) and are not inherent to the safe
performance of the trainset as it related to its structure or stability
at speed. Therefore, it was determined by the project that it would be
appropriate to simply adopt and comply with the current U.S. standards
in lieu of justifying new ones.
Door Systems
    The proposed requirements for the trainset door systems,
particularly as it relates to emergency functionality, largely follow
FRA's existing requirements and established North American practice.
The relevant requirements for operating; inspection, testing, and
maintenance (ITM); and training on door systems have been consolidated
under their respective subparts as proposed within this rule. The
proposed modifications focus mainly on how the requirements apply to
the Tokaido Shinkansen technology and the applicability of certain
elements of APTA SS-M-18-10. The proposal would retain the service-
proven door system on the N700 series trainset, and, though FRA is not
proposing to require it, TCRR is expected to adopt the coordination
between the trainset crew members and platform attendants, replicating
operations by JRC, rather than incorporating certain requirements that
were promulgated in December 2015 for conventional U.S. operations (see
80 FR 76118), which, if applied, would require alteration that could
have a significant negative impact on the service-proven door design of
the N700 series trainset.
Emergency Systems
    The proposed rule defines typical North American requirements for
emergency lighting, emergency communications, emergency egress and
rescue access, and emergency marking requirements. A number of these
provisions will require minor changes to the current N700 series
trainset design, such as the emergency lighting system, public address
system, and interior signage and markings. However, compliance with
these proposed emergency systems requirements would not have a negative
impact on the service-proven design of the N700 series trainset as they
have no impact on the performance of the trainset or its integration
with other safety-critical systems. These changes will also provide
first-responders and the traveling public with a set of safety
communications and features that are consistent with other U.S. rail
operations.
Safety Appliances
    Current FRA regulations for safety appliances are based on
longstanding statutory requirements for individual railroad cars used
in general service. These requirements are primarily intended to keep
railroad employees safe while performing their essential job functions.
Historically, these duties have revolved around the practice of
building trains by switching individual cars or groups of cars, and are
not directly applicable to how modern high-speed passenger equipment
are designed and operated. The application of such appliances would
require a significant redesign of high-speed rail equipment, and would
create aerodynamic problems particularly with respect to associated
noise emissions. FRA proposes to exempt TCRR from statutory
requirements that are not applicable or practical for inclusion on its
high-speed trainset technology, pursuant to the authority granted under
49 U.S.C. 20306.\6\
---------------------------------------------------------------------------

    \6\ Utilization of this statutory authority necessitates a
public hearing. As stated above, under DATES, the time and place of
this public hearing will be announced by a separate announcement
published in the Federal Register.
---------------------------------------------------------------------------

    Rather than apply legacy requirements that are inappropriate for
the proposed equipment design and service environment, this proposed
rule focuses on how to provide a safe environment for crews as it
pertains to the N700 series trainset, and modern high-speed operations
throughout the world. In this respect, the proposed rule

would define specific safety appliance performance requirements
applicable to this semi-permanently coupled trainset. By focusing on
the job functions, rather than mandating specific legacy designs for
dissimilar equipment, the proposed approach will arguably improve
safety for crews and railroad employees, but provide flexibility for
superior designs based on modern ergonomics, and eliminate appliances
that might otherwise encourage their use even though their
functionality is moot (e.g., riding on side sills despite an inability
to couple/decouple cars). FRA believes it is appropriate to consider
relief under the discretionary process established under 49 U.S.C.
20306 and proposes to adopt these requirements under its statutory
authority as part of this rulemaking.
Image and Audio Recording Devices
    On July 24, 2019, FRA published an NPRM regarding locomotive
mounted image and audio recording devices for passenger trains. 84 FR
35712. In that NPRM, FRA proposed to require the installation of
inward- and outward-facing image recording devices on all lead
locomotives in passenger trains, and that these devices would record
while a lead locomotive is in motion and retain the data in a
crashworthy memory module. FRA also proposed to treat these recording
devices as safety devices under existing FRA regulations to prohibit
tampering with or disabling them.
    Although the proposal for image and audio recording devices is not
yet final, FRA anticipates that any final requirements for image and
audio recording devices would also apply to TCRR. Currently, FRA
proposes to place the image and audio recording device requirements
under 49 CFR part 229. Under this proposed rule, it is stated that 49
CFR part 229 will not be applicable to the railroad's high-speed
trainsets. However, FRA makes clear here that it proposes to make
applicable the requirements for the image and audio recording devices
to TCRR's high-speed trainsets, while leaving the remainder of part 229
inapplicable to the high-speed trainsets, and would anticipate that
once the July 2019 NPRM becomes final, FRA would make appropriate
conforming changes to the requirements outlined in this NPRM.
    FRA acknowledges that this was not a requirement contained in
TCRR's rulemaking petition, and that this is not a requirement for the
Tokaido Shinkansen system as operated in Japan. However, FRA does not
anticipate this requirement having a detrimental effect on the service-
proven nature of the N700 series trainset design.
2. Automatic Train Control System
    As an intercity passenger railroad, TCRR must comply with all
applicable requirements under 49 U.S.C. 20157, including, but not
limited to, the statutory requirement to fully implement an FRA-
certified positive train control (PTC) system on its main lines over
which intercity or commuter rail passenger transportation is regularly
provided. The rule proposes to require TCRR to use the signal system
based upon the service-proven Tokaido Shinkansen Automatic Train
Control (ATC) system, which has demonstrated an outstanding safety
record during its 55 years of operations. This system is a standalone
digital ATC system, and as such, does not rely on an underlying
conventional signaling system.
    This proposed rule, under subpart B, outlines the requirements for
signal and trainset control systems governing the operation of TCRR,
based on the fundamental statutory requirements of 49 U.S.C. 20157 and
49 CFR part 236, subpart I, but is tailored for a standalone and
service-proven trainset control system intended for high-speed
passenger service. TCRR is proposing to implement a PTC-compliant
trainset control system throughout its entire network, to include
trainset maintenance facilities and depots (shop facilities), in
addition to main line operation. While TCRR, in its petition for
rulemaking, initially intended to comply with all elements under 49 CFR
part 236, subpart I, FRA proposes to tailor the requirements to only
those elements of subpart I that would apply to a standalone trainset
control system intended for high-speed passenger service.
    FRA notes that many of the requirements in 49 CFR part 236, subpart
I were written to establish the process by which existing railroads
would develop and implement PTC systems as overlays on conventional
signaling systems. As TCRR is a new system, and will utilize service-
proven technology that does not need to be integrated with a legacy
signal system or be interoperable with other PTC systems, the
requirements proposed in this rule have been streamlined to focus on
the core requirements and documentation necessary to validate and
certify a PTC system of its design and application. This proposal also
acknowledges that if any changes are made to the service-proven,
safety-critical software utilized on the Tokaido Shinkansen signaling
system (such as changes to the fundamental architecture or safety
critical functions), those changes must be developed and validated in
accordance with the procedures proposed under subpart B. This rule
balances the service-proven history of the Tokaido Shinkansen ATC
system with the fundamental fail-safe principles encompassed in FRA's
regulations governing advanced trainset control technology, to ensure
TCRR's system is implemented and maintained safely, in a manner
consistent with U.S. law, while holding true to the collision avoidance
principles on which the Tokaido Shinkansen is based.
3. Track Safety Standards
    All high-speed track safety standards are based on the principle
that the interaction of the vehicles, and the track over which they
operate, must be considered as a system. This systems approach ensures
that the capabilities and limitations of both the rolling stock and the
physical infrastructure (i.e., track) are considered when developing
safety metrics and provides for specific limits for vehicle response to
track perturbation(s).
    FRA's Track Safety Standards, under 49 CFR part 213, and its
Passenger Equipment Safety Standards, under 49 CFR part 238, promote
the safe interaction of rail vehicles with the track over which they
operate. These safety standards were developed with industry
stakeholder participation, and are applicable to all high-speed and
high cant deficiency train operations in the United States. Last
amended in March 2013 (78 FR 16052), subpart G of part 213,
consolidated repetitive guidance found in part 238, and revised
existing minimum safety limits for vehicle response to track
perturbations and also added new limits. FRA's rules are not applicable
to one vehicle type, but account for a range of vehicle types (like
vehicles with variations in their physical properties, such as
suspension, mass, interior arrangements, and dimensions that do not
result in significant changes to their dynamic characteristics) that
are currently used and may likely be used on future high-speed or high
cant deficiency rail operations, or both. FRA's high speed/high cant
deficiency regulations are based on the results of simulation studies
designed to identify track geometry irregularities associated with
unsafe wheel/rail forces and accelerations, thorough reviews of vehicle
qualification and revenue service test data, and consideration of
international practices.

Track Classes
    FRA differentiates track classes by speed. Existing regulations
contain requirements for track classes 1-5, for speeds not exceeding 90
mph, and track classes 6-9 for operations up to 220 mph. In the 2013
final rule, FRA stated that the Class 9 standards would remain as
benchmark standards with the understanding that the final suitability
of track safety standards for operations above 150 mph would be
determined by FRA after examination of the entire operating system,
including the subject equipment, track structure, and other system
attributes. FRA explained that direct FRA approval is required for any
such high-speed rail operation, whether through an RPA such as this or
another regulatory proceeding.
    The basis of the TCRR operation and this proposed rule, however, is
adoption of the Tokaido Shinkansen system, using the series N700 series
trainset, and its variants, as the only rolling stock for a fully
dedicated, grade-separated, high-speed rail service between Dallas and
Houston, TX. JRC's N700 series trainsets have been in service since
2007 and operate at the speed of 285 km/h on the Tokaido Shinkansen and
300 km/h on the Sanyo Shinkansen. As stated previously, the N700 series
trainset is a service-proven EMU trainset design that has been
continuously refined, and highly optimized by JRC for over 50 years.
    JRC's track safety standards have evolved concurrently with these
N700 Shinkansen EMU trainsets, allowing for a high degree of
optimization of the trainset interacting with the track structure. TCRR
plans to replicate the Tokaido Shinkansen system to bring the same
safety and performance of the Shinkansen system to this Dallas-Houston
operation. This rule proposes to adopt the same JRC-derived track
safety standards to ensure that this optimized vehicle-track
interaction is achieved between Dallas and Houston in its entirety.
Therefore, this proposal would require the railroad to follow the JRC
approach for the definition of track classes, track geometry limits,
carbody acceleration criteria, and track inspection intervals for both
automated and visual inspection on all TCRR track Classes at all speeds
up to and including the maximum track speed of 330 km/h.
    JRC defines track and the speed range by function (i.e., main
track, etc.), and not by a track class designation. However, in this
proposed rule, the JRC practice has been translated into eight classes
of track from track Classes H0 to H7. As stated, the maximum authorized
speed from track class is based on current JRC practice with the
addition of track Class H7, which covers operating speeds up to 305 km/
h. It is notable that in this proposal, track Class H0 will be
dedicated to maintenance-of-way equipment, with a maximum allowable
operating speed of 20 km/h (12 mph), which is consistent with JRC
practice. As is done in Japan, this proposal would prohibit high-speed
trainsets from operating on the proposed track Class H0. Below is a
table outlining the proposed classes of track, the associated maximum
operating speed for that class, and where that class of track is
proposed to be used within the system. The table is not meant to
dictate that these are the only locations for the various classes of
track to be located within the TCRR system, but meant to represent
FRA's general understanding of how TCRR will use the various track
classes.

                                                              Track Classes--Maximum Speed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                H0                      H1                      H2                      H3               H4       H5       H6       H7
--------------------------------------------------------------------------------------------------------------------------------------------------------
km/h................  20                      30                      70                      120                        170      230      285      330
mph.................  12                      19                      43                      75                         106      143      177      205
rrrrrrrrrrrrrrrrrrrrr
                                                                       Track type
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Maintenance-of-way      Trainset Maintenance    Terminals, stations,    Main line track, and             Main line track.
                       yards.                  Facilities (TMF).       sidings, TMF            track connecting the
                                                                       marshaling tracks.      main line with TMF.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Track Geometry
    The proposed track safety standards for TCRR are under subpart C of
this proposed rule. Within that proposed subpart, FRA has included
certain track geometry requirements for the TCRR system. The geometry
limits proposed by FRA are based on JRC practice. Likewise, FRA
proposes to adopt the JRC practice for remedial action for instances
when optimal track geometry limits and car body accelerations are
exceeded, and trainset operations would require speed and/or
operational restrictions, with speed restrictions enforced by the ATC
system.
    The highly effective JRC track measurement system is based on
monitoring track geometry and vehicle performance, and represents a
hybrid approach consisting of physical measurements directly on the
track, in combination with performance-based track geometry as defined
by vehicle response. TCRR will adopt this approach which is based on a
10 m mid chord offset (MCO) measurement to effectively control short
wavelength track geometry irregularities and the measurement of car
body accelerations to control long wavelength anomalies.
    TCRR is adapting and implementing the same track geometry limits
and car body accelerations utilized by JRC to ensure the continued
success of this vehicle-track system and the optimized performance of
the N700 series trainset. The JRC approach is very different from FRA,
and is based on measuring track gauge, cross-level, and twist over 2.5
m, and alignment/surface on a 10 m MCO, with long wavelength defects
controlled by monitoring car body acceleration. The JRC track
measurement system adequately controls track geometry for short and
longer wavelengths (20 and 40 m) such that wheel/rail forces are well
within acceptable limits. TCRR is using JCR's geometry limits for the
10 m MCO and car body acceleration limits, both of which will be
enforced by FRA, thereby ensuring the trainset's track/vehicle system
meets FRA's safety criteria (wheel/rail forces) for track maintained to
those geometry and acceleration limits.
Inspection, Testing, and Maintenance for Track
    Inspection, testing, and maintenance requirements for the track and
right-of-way are found generally in the proposed regulatory text, and
in greater detail within the FRA-approved ITM program. The proposed
track maintenance requirements are based on JRC practice, which is
grounded in significant testing and many years of proven JRC operation.
The JRC approach for the high-speed track layout and structure is
optimized for the safe and efficient operation of the N700s trainset
utilized.

As mentioned throughout this NPRM, TCRR will implement a track
maintenance program based on these successful and well respected JRC
practices.
    JRC uses a dedicated, multi-purpose, vehicle-based, inspection
system to inspect track geometry. Track geometry measurements and car
body accelerations are made during revenue operations at revenue
operating speeds. This proposal reflects U.S. and JRC practice with
respect to track geometry measurements. FRA proposes to require a track
geometry measurement system (TGMS) and a track acceleration measurement
system (TAMS) to be operated over the system route on track Classes H3
and above.
    Regarding restoration or renewal of track under operating
conditions, this proposed rule will prohibit the railroad from
performing maintenance-of-way operations during revenue service, other
than in MOW yards and trainset maintenance facilities, as further
discussed below. Restoration or renewal of track by TCRR on track Class
H2 in trainset maintenance facilities, will be limited to the
replacement of worn, broken, or missing components or fastenings that
do not affect the safe passage of trainsets. This will reflect the JRC
practice and is more restrictive than existing FRA track safety
standards as it permits such restoration and renewal under traffic
conditions only in yards and trainset maintenance facilities and not
the mainline.
Vehicle/Track Interaction
    The approach to vehicle/track interaction (VTI) system safety in
this rule proposes to follow JRC's approach that is service-proven to
provide safe operation and optimum VTI performance. JRC places
considerable emphasis on maintaining track infrastructure, as the
Tokaido Shinkansen N700 series trainset suspension design is optimized
for high-speed performance on well-maintained track. Track geometry
irregularities are held to tighter tolerances than those allowed under
U.S. practice.
    The VTI requirements FRA proposes are similar to those contained in
current FRA regulations under 49 CFR part 213, and will require the
trainsets to comply with the same wheel/rail force limits. However, as
noted earlier, JCR requires more stringent peak-to-peak car body
acceleration limits than currently permitted under FRA regulations.
Accordingly, FRA proposes that instrumented wheelset tests be required
for vehicle/track system qualification.
    Unique to the Tokaido Shinkansen system, and as mentioned earlier,
JRC sets track geometry limits based on a 10 m MCO and controls long
wavelength perturbations using stringent vertical and lateral car body
accelerations, rather than the 3-chord (31, 62, and 124 ft) method used
in current FRA regulations. Vehicle dynamic simulations have been
conducted and validated by JRC specialists to demonstrate the 10m MCO
and car body accelerations, as used by JRC, are sufficient to safely
control short, long wavelength, and repeated perturbations; and to
validate the proposed track geometry limits contained in the proposed
rule.\7\
---------------------------------------------------------------------------

    \7\ Exhibit F to TCRR's rulemaking petition explains how JRC
helped develop and validated the track geometry limits proposed in
this NPRM, and provides some explanation of the vehicle dynamic
simulations conducted. Although the Tokaido Shinkansen operates at a
maximum speed of 270 km/h, the vehicle dynamic tests used to
validate the track geometry limits proposed in this NPRM were
conducted at simulated speeds up to 340 km/h (330 km/h + 10 km/h).
FRA notes, though, that the maximum safe operating speed for the
system will be determined only after TCRR conducts full scale
analysis and validated dynamic testing, as proposed under subpart F.
---------------------------------------------------------------------------

Continuous Welded Rail
    TCRR is proposing to use continuously welded rail (CWR) and
moveable point frogs to eliminate gaps at turnouts and crossings.
Consistent with current FRA practice for CWR, FRA proposes to require
the railroad develop and comply with its own CWR plan, which will have
procedures addressing the installation, adjustment, maintenance, and
inspection of CWR and CWR joints. However, as the FRA CWR requirements
under 49 CFR part 213 are inconsistent with JRC technology and
practices, FRA proposes a set of CWR requirements that reflects JRC's
service-proven practice. Under this rule as proposed, TCRR will be
required submit a CWR plan that includes procedures for maintaining a
desired rail installation temperature range when cutting CWR, and with
adjustments made to tight track or a track buckle.
    In addition to the proposed requirements discussed above, FRA is
also proposing to require TCRR's CWR plan to contain procedures that
control trainset speed on CWR track when the difference between the
rail temperature and the rail neutral temperature is in a range that
causes buckling-prone conditions to be present at a specific location.
This proposed requirement is consistent with JRC practice, which uses
``instantaneous'' temperature, a more stringent requirement, instead of
``average'' temperature. When the temperature exceeds a specified
limit, operational restrictions are enforced over the entire segment.
JRC uses the same temperature limits on all segments.
    FRA is also proposing that the railroad's CWR plan include
procedures that address track inspections under extreme temperature
conditions, consistent with JRC practice. As stated previously, there
is continuous monitoring of rail temperature on the Tokaido Shinkansen
system and a speed restriction of 70 km/h is enforced when CWR
temperature is between 60 [deg]C and 64 [deg]C. JRC suspends revenue
operations and conducts visual inspections on foot when the CWR
temperatures reach 64 [deg]C or above.
4. Maintenance-of-Way Operations
    Strict adherence to complete temporal separation of the scheduled
right-of-way maintenance work will be required by the proposed rule.
This rule proposes to adopt JRC's long-established maintenance-of-way
operational practices to ensure roadway worker safety. To accomplish
this, the rule proposes requirements for strict adherence to temporal
separation of maintenance-of-way operations and revenue trainsets, as
well as removal of overhead power from the section(s) of ROW where
maintenance-of-way work is being performed. Additionally, this rule
proposes prohibiting the railroad from conducting any scheduled
maintenance on a section of the right-of-way prior to that section of
the right-of-way being cleared after revenue service. Further, the
railroad will also be prohibited from conducting revenue service on a
section of the right-of-way before completion of the maintenance
activities and clearance by a sweeper vehicle. As proposed by this
rule, the ATC system must also enforce the temporal separation or
otherwise protect maintenance-of-way employees performing on-track
duties (to include unscheduled and emergency inspections or repairs).
    TCRR will use maintenance-of-way equipment that is designed to be
compatible with the track safety standards under proposed subpart C.
Subject to certain exceptions, as proposed under Sec.  299.3(c)(24),
the railroad's maintenance-of-way equipment will be subject to FRA's
existing regulations that address the safety of conventional locomotive
and freight equipment (i.e., 49 CFR parts 215, 223, 229, 231, and 232).
Although there is a general prohibition that freight equipment cannot
operate on the railroad's right-of-way, the freight equipment being
considered here is

strictly for non-revenue, right-of-way maintenance operations.
    The railroad's proposed maintenance-of-way fleet will include a
sweeper vehicle. As part of this rule, FRA is also proposing that
sweeper vehicles run on both tracks along the full length of the
railroad right-of-way every day prior to the start of revenue service,
in order to ensure that there are no obstacles on the tracks within the
lower construction clearance envelope, consistent with the practice of
JRC. The sweeper vehicle is designed to detect the presence of any
small obstacles, such as tools left out from a roadway worker gang.
Additionally, the qualified individuals operating the sweeper vehicle
will be required to be trained to conduct visual inspections of both
tracks to ensure the integrity of the right-of-way, including the
condition of fencing and other railroad infrastructure. Strict
adherence to this temporal separation, protection of maintenance-of-way
work by use of the ATC system, and the daily requirement for sweeper
vehicle use will help ensure that there are no maintenance-of-way
equipment, no heavy maintenance tools, and no obstruction hazards on
the tracks when the revenue service starts every day.
5. System Qualification
Responsibility for Verification Demonstrations and Tests
    Under proposed subpart F, FRA proposes a set of pre-revenue
qualification testing requirements that the railroad must complete
before commencing passenger service. Successful completion of the
proposed testing program will provide the railroad assurance that the
system, as designed, constructed, and integrated, will meet the minimum
safety requirements established, so that the risk to passengers is
minimized when operations begin. This proposed subpart F is organized
such that the approach to system qualification generally requires the
preparation of a system-wide qualification test plan, pre-operational
qualification testing of individual components and sub-systems, and
then pre-revenue service testing that verifies the compatibility of the
various sub-systems. Finally, a period of simulated revenue operations
is proposed that would replicate revenue operations without passengers.
This would provide final verification that the systems operate as
intended, all safety-critical personnel are adequately trained, and
operating rules or practices and the inspection, testing, and
maintenance program are appropriate.
Preparation of System-Wide Qualification Test Plan
    As proposed, prior to execution of any system qualification tests,
the railroad will develop a system-wide qualification test plan that
identifies the tests necessary to demonstrate the operability of all
system elements, including: Track and infrastructure, signal,
communications, rolling stock, software, operating practices, and the
system as a whole. The system-wide qualification plan will include
procedures for functional and performance qualification testing, pre-
revenue service systems integration testing, vehicle/track system
qualification, and simulated revenue operations, all discussed further
below.
    The proposed provisions include FRA's review timeframe (180 days
prior to testing) and expected FRA response time (45 days after receipt
of the submission) and actions. FRA will identify in the notification
any test procedures requiring approval by FRA. The system-wide
qualification test plan is generally consistent with current FRA
practice under 49 CFR part 238 for passenger equipment, but addresses
the system holistically. Under this proposal, TCRR will be required to
develop a list of all tests to be conducted to qualify all aspects of
the system including rolling stock, track, vehicle-track interaction,
and signaling. FRA makes clear that, as proposed, FRA's approval of the
system-wide test plan will be limited to approving that the test plan
addresses all required tests, providing procedures for such tests;
however, FRA is not approving the specific procedures adopted by the
railroad to conduct each required test.
Functional and Performance Qualification Tests
    Also proposed in this NPRM is a requirement that the railroad will
conduct functional and performance qualification tests, prior to
commencing revenue operations, to verify that all safety-critical
components meet all functional and all performance specifications. The
railroad will be required to submit a list of all tests to be
conducted, along with the test procedures, as part of its system-wide
qualification test plan, as discussed above.
Pre-Revenue Service Systems Integration Testing
    The pre-revenue service testing of systems proposed in this NPRM
will be used to verify the compatibility of the various sub-systems.
The pre-revenue service testing will include such things as: Vehicle
clearances to structures along the right-of-way; mechanical performance
of the overhead catenary system; and the integrated performance of the
track, signal, power supply, vehicle, software, and communications.
Also, the railroad will be required to demonstrate safe system
performance during normal and degraded operating conditions. These
tests will be used to verify: Catenary and pantograph interaction;
incremental increases in trainset speed; braking rates; and vehicle-
track interaction.
Vehicle/Track System Qualification
    As discussed above, under the proposed track safety standards, the
approach to VTI system safety in this rule proposes to follow JRC's
approach that is service-proven to provide safe operation and optimum
VTI performance. As part of the system wide test plan, FRA proposes to
require the railroad to qualify its high-speed trainset for the maximum
operating speed and cant deficiency contemplated. The format proposed
largely follows current FRA practice, with the qualification criteria
based on JRC requirements for the N700 series trainset currently
operating on the Tokaido Shinkansen system.
Simulated Revenue Operations
    FRA is also adopting TCRR's proposal that the railroad conduct a
period of simulated revenue operations, replicating most, if not all,
aspects of revenue operations, but without passengers. This will
provide the final verification that the system, and all sub-systems,
operate as intended, together with all properly trained, safety-
critical personnel. Further, the proposed simulated revenue operations
will give valuable operational experience to the railroad and its
employees prior to carrying passengers.
    The proposed provision will assure that all issues found during
simulated revenue operations are properly addressed and corrected prior
to the start of revenue service. It is not anticipated that issues
found during simulated revenue operations would extend the period for
testing if the specific deficiencies found were adequately rectified
during that period; however, FRA would expect the start of revenue
operations to be postponed, if necessary, to properly and thoroughly
correct any such deficiencies.
Verification of Compliance
    Under this proposed subpart F, FRA proposes to require the railroad
to prepare a report detailing the results of all functional and
performance

qualification testing, pre-revenue service systems integration testing,
and vehicle/track system qualification tests. The report will also
require the railroad to outline the remedial measures necessary to
correct any deficiencies discovered during the testing. In addition,
FRA also proposes that the railroad be required to implement the
improvement measures discussed in the report. With the exception of
reports related to vehicle/track system qualification, verification of
braking rates, and field testing data related to the ATC system, FRA
proposes that the railroad submit the report prior to commencement of
simulated revenue operations. For the reports regarding vehicle/track
system qualification and verification of braking rates, FRA proposes
they be submitted for review and approval at least 60 days prior to the
start of revenue service. Certification of the railroad's PTC system
must also be achieved prior to the start of revenue service.
    FRA also proposes to require the railroad to obtain FRA approval of
the test procedures used for the verification of any major upgrades to
safety-critical system component(s) or sub-systems, or prior to
introducing new safety-critical technology.
6. Inspection, Testing, and Maintenance
General Requirements
    This NPRM proposes general requirements for inspection, testing,
and maintenance under subpart G. The program will provide detailed
information, consistent with the requirements set forth in Sec. Sec.
299.337 through 299.349, 299.447(a), and 299.207. The conceptual basis
for the proposed requirements under subpart G stems from FRA's practice
regarding the inspection, testing, and maintenance of high-speed
trainsets, originally set forth in subpart F of 49 CFR part 238. The
underlying premise for this proposed approach is to tailor the
performance-based requirements of the ITM program to the specific needs
of the equipment or infrastructure, rather than specifying static
maintenance intervals with explicit requirements. This approach has
proven successful since it was first adopted for Tier II high-speed
equipment, and therefore, FRA proposes to expand the practice for other
critical areas requiring a similar performance-based approach to ITM.
The general requirements within proposed subpart G specify that the
railroad will develop an inspection, testing, and maintenance program
to address all aspects of the operation--track, rolling stock, and
signal and trainset control.
    The NPRM proposes that submittal of the initial inspection,
testing, and maintenance requirements associated with the bogie
inspection and general overhaul can be at a later date. However, the
proposal requires that the railroad submit the requirements to FRA no
later than 180 days prior to the first scheduled bogie inspection or
general overhaul, so that FRA has time to review and approve the
associated inspection, testing, and maintenance requirements.
    FRA proposes the initial inspection intervals for safety-critical
items, including those covered in the bogie inspection and general
overhaul, are covered by Sec. Sec.  299.13(c)(1) and 299.907(a), to be
based upon JRC's service inspection, testing, and maintenance practice
to ensure the integrity and safe operation of the entire system, as
required in Sec.  299.13(c)(2). Additionally, the inspection, testing,
and maintenance program for safety-critical items is subject to FRA
approval under Sec.  299.913.
ITM Program Format
    As discussed above, FRA proposes to limit the scope of its approval
to only those items deemed safety-critical to the operation of the
system. However, FRA does propose to require the railroad submit the
entire ITM program for review to make sure all safety-critical items
have been properly identified and accounted for by the railroad.
Accordingly, FRA proposes that the procedures for safely performing the
necessary inspections, testing, and maintenance or repairs submitted to
FRA for approval should only be those designated as safety-critical or
potentially hazardous tasks as required by Sec.  299.911(b).
    Additionally, FRA proposes that the railroad review the inspection,
testing, and maintenance procedures annually to enable the railroad to
review any pertinent operational changes or conditions that may result
in modifications to the safety-critical aspects of the inspection,
testing, and maintenance program. Under this proposal, FRA can
participate in the annual review. The annual review would be conducted
to identify necessary modifications to procedures or intervals. While
FRA may determine it is not necessary to participate in the annual
review in a particular year, any amendment to the safety-critical
portions of the ITM will need FRA approval prior to implementation.
7. Operating Rules and Practices
    Under proposed subpart E, this NPRM proposes that the railroad
develop, maintain, adopt, and comply with a code of operating rules,
timetables, and timetable special instructions, along with procedures
for instruction and testing of all employees involved with the movement
of rail vehicles prior to commencing revenue operations.
    FRA also proposes to require that the railroad's initial code of
operating rules, timetable, and timetable special instructions be based
on the service-proven practices and procedures used by JRC on the
Tokaido Shinkansen system. FRA acknowledges that as the project
matures, changes to the code of operating rules, timetable, and
timetable special instructions that deviate from JRC practice may
become necessary due to the uniqueness of the individual operation.
However, FRA still expects that whatever changes are made to the code
of operating rules, timetable, and timetable special instructions, they
will remain consistent with JRC practice, and provide the same level of
safety and performance.
    It is important to note that, unlike what was included in the
railroad's rulemaking petition, FRA does not propose to expressly
approve the railroad's code of operating rules, timetable, and
timetable special instructions. Rather, FRA proposes to remain
consistent with current U.S. practice, with respect to the approval.
FRA does, however, propose to retain the ability to disapprove the code
of operating rules, timetable, and timetable special instructions in
whole or in part, for cause stated, and at any time.
8. Personnel Qualification
    This proposal follows FRA's current practice of requiring employees
who perform safety related duties to be qualified to perform those
duties under a training program developed by the railroad. The railroad
will be responsible for developing the curriculum for the program and
ensuring that specific training requirements outlined in relevant
sections of this NPRM, or applicable FRA regulations of general
applicability, are properly included. Based on the railroad's
rulemaking petition, the qualification training program will be modeled
on JRC's training program in Japan.
    Although a separate subpart addressing personnel qualifications was
proposed in TCRR's petition for rulemaking, FRA has decided that
proposing a separate subpart is unnecessary. The proposed subpart, as
drafted by TCRR, required compliance with 49 CFR part 243 and contained
additional, specific training requirements for track inspectors. As 49

CFR part 243 is proposed as applicable to the railroad under Sec.
299.3(c), there is no need for a separate subpart to so state.
Additionally, since the additional training requirements were specific
to track inspectors, FRA has moved those provisions under proposed
subpart C, which addresses track safety, thus fully obviating the need
for the subpart.

D. Applicability of FRA's Current Regulations

    The proposed rule holds the railroad ultimately responsible for
compliance with all aspects of the proposal, along with certain
existing FRA regulations. In its petition, TCRR proposed to comply with
the pertinent existing FRA regulations contained generally in 49 CFR
parts 200-299, as listed in Sec.  299.3(c), that are speed and
technology neutral. After further review of those rules, there are
certain additional provisions that are not appropriate for this system.
Those individual sections are specifically excluded under Sec.
299.3(c).
    FRA also notes that there are many sectional cross-references
within applicable FRA regulations to other FRA regulations that are not
applicable to this project, such as 49 CFR parts 213, 217, subpart I of
236, and 238. Without specifically addressing each instance, FRA makes
clear that where such a cross-reference exists in the applicable
regulations enumerated under Sec.  299.3(c)(1) through (23), the
railroad will instead comply with the equivalent requirements proposed
in this NPRM. For example, where there is a cross-reference to a
section under 49 CFR part 213, which deals with track safety standards,
or 49 CFR part 217, which deals with railroad operating rules and
practices, the railroad would instead refer to, and comply with,
subpart C for the applicable track safety requirements, or subpart E
for the applicable requirements addressing operating rules and
practices.

E. Incorporation by Reference

    FRA proposes to incorporate by reference six Japanese Industrial
Standards (JIS) and three ASTM International (ASTM) standards. As
required by 1 CFR 51.5, FRA has summarized the standards it proposes to
incorporate by reference and has shown the reasonable availability of
those standards here. The Japanese Industrial Standards are reasonably
available to all interested parties online at www.jsa.or.jp (Japanese
site), or www.jsa.or.jp/en (English site). Additionally, the ASTM
standards are reasonably available to all interested parties online at
www.astm.org. Further, FRA will maintain a copy of these standards
available for review at the Federal Railroad Administration, Docket
Clerk, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Under Sec.  299.13(d)(4) and (5), FRA proposes to incorporate by
reference three versions of JIS E 1101, ``Flat bottom railway rails and
special rails for switches and crossings of non-treated steel.'' JIS E
1101:2001 addresses the manufacturing of the steel rail. It specifies
the quality and the tests for flat bottom railway rails of non-treated
steel with a calculated mass of 30 kg/m or more and special rails for
those railway switches and crossings. JIS E 1101:2006 and JIS E
1101:2012 amend JIS E 1101:2001 by updating references to other cited
standards (e.g., updating the title to the cited reference), updating
references to specific clauses within a cited standard, or by deleting
a reference to a cited standard. By incorporating these standards by
reference, FRA will make certain that the rail side of the wheel-rail
interface remains identical to that used on the service proven high-
speed lines of JRC, by ensuring that the rail is manufactured to the
same specifications as the rail used on the Tokaido Shinkansen system.
    Under Sec.  299.403(b), FRA proposes to incorporate by reference
two versions of JIS E 7105 ``Rolling Stock--Test methods of static load
for body structures.'' JIS E 7105:2006 addresses test methods for
trainset carbodies. It specifies the test methods of static load for
confirming strength, rigidity and the like of body structures for
passenger stock such as electric railcars, internal-combustion railcars
and passenger cars principally. JIS E 7105:2011 amends JIS E 7105:20006
by updating references to other cited standards (e.g., updating the
title to the cited reference), updating references to specific clauses
within a cited standard, or by updating specifications from the 2006
version. By incorporating these standards by reference, FRA will
maintain the same strength and rigidity of TCRR's trainset carbody
structure. This will help preserve the occupied volume from premature
degradation due to typical in-service loads and vibration.
    Under Sec.  299.409(g), FRA proposes to incorporate by reference
JIS B 8265 ``Construction of pressure vessels-general principles,''
published December 27, 2010. JIS B 8265 addresses manufacturing of
pressure vessels and specifies certain requirements for the
construction and fixtures of pressure vessels with the design pressure
of less than 30 MPa. By incorporating this standard by reference, FRA
will ensure that the pressurized air reservoirs used in TCRR's trainset
are designed and constructed to the same service-proven standard as
used in the N700 trainsets currently operated on the Tokaido Shinkansen
system.
    Under Sec.  299.423(e)(1), FRA proposes to incorporate by reference
ASTM D 4956-07 [epsiv]1 ``Standard Specification for
Retroreflective Sheeting for Traffic Control,'' approved March 15,
2007. ASTM D 4956-07 [epsiv]1 covers flexible, non-exposed
glass bead lens and microprismatic, retroreflective sheeting designed
for use on traffic control signs, delineators, barricades, and other
devices.
    Under Sec.  299.423(e)(1) and (f)(3), FRA proposes to incorporate
by reference ASTM E 810-03 ``Standard Test Method for Coefficient of
Retroreflection of Retroreflective Sheeting Utilizing the Coplanar
Geometry,'' approved February 10, 2003. Test method ASTM E 810-03
describes an instrument measurement of the retroreflective performance
of retroreflective sheeting.
    Under Sec.  299.423(e)(2), FRA proposes to incorporate by reference
ASTM E 2073-07 ``Standard Test Method for Photopic Luminance of
Photoluminescent (Phosphorescent) Markings,'' approved July 1, 2007.
FRA is also proposing to incorporate by reference Section 5.2 of ASTM E
2073-07 under Sec.  299.423(e)(2)(ii). Test method ASTM E 2073-07
covers a procedure for determining the photopic luminance of
photoluminescent (phosphorescent) markings. It does not cover scotopic
or mesopic measurements.
    Incorporation of the three ASTM standards by reference is to ensure
that the materials used for interior and exterior emergency markings
can provide adequate photoluminescence or retroreflectivity. As the
markings utilizing these materials will be relied on during emergencies
(either for passenger to egress or first responders to gain access), it
is important that the marking can be easily identified and followed
should the emergency occur during hours of limited visibility with
possible degradation or complete loss of interior lighting. The
standards either provide performance specifications for design and
manufacture, or provide the testing methods.

F. Enforcement

    FRA may impose civil penalties on any person, including the
railroad or an independent contractor providing goods or services to
the railroad, that violates any requirement of this rule. These penalty
provisions parallel the civil penalty provisions for numerous other

railroad safety regulations, and are authorized by 49 U.S.C. 21301,
21302, 21303, and 21304. Any person who violates a requirement of this
rule may be subject to civil penalties between the minimum and maximum
amounts authorized by statute and adjusted for inflation per
violation.\8\ Individuals may be subject to penalties for willful
violations only. Where a pattern of repeated violations, or a grossly
negligent violation creates an imminent hazard of death or injury, or
causes death or injury, an aggravated maximum penalty may be
assessed.\9\ In addition, each day a violation continues constitutes a
separate offense. Finally, a person may be subject to criminal
penalties under 49 U.S.C. 21311 for knowingly and willfully falsifying
reports required by these regulations. FRA believes that inclusion of
the penalty provisions is important in ensuring that compliance is
achieved. See 49 CFR part 209, appendix A for a detailed statement of
the Agency's enforcement policy.
---------------------------------------------------------------------------

    \8\ DOT publishes notices in the Federal Register announcing
when it adjusts the minimum and maximum civil penalties. When
adjustments are made, FRA publishes such adjustments on its website.
Please visit FRA's website for the current minimum and maximum civil
penalty amounts at https://railroads.dot.gov/.
    \9\ Please visit FRA's website for the current aggravated
maximum penalty amount at https://railroads.dot.gov/.
---------------------------------------------------------------------------

    Consistent with FRA's final rule regarding the removal of civil
penalty schedules from the CFR, please see 84 FR 23730 (May 23, 2019),
FRA will not publish a civil penalty schedule for this rule in the CFR,
but plans to publish a civil penalty schedule on its website. Because
such penalty schedules are statements of agency policy, notice and
comment are not required prior to their issuance, nor are they required
to be published in the CFR. See 5 U.S.C. 553(b)(3)(A). Nevertheless,
commenters are invited to submit suggestions to FRA describing the
types of actions or omissions under each regulatory section that would
subject a person to the assessment of a civil penalty. Commenters are
also invited to recommend what penalty amounts may be appropriate,
based upon the relative seriousness of each type of violation.

V. Regulatory Impact and Notices

A. Executive Orders 12866, 13771, and DOT Regulatory Policies and
Procedures

    The TCRR high-speed system is modeled on the Tokaido Shinkansen
high-speed system, which does not meet many of the current requirements
under the Passenger Equipment Safety Standards final rule, published
November 21, 2018 (83 FR 59182). TCRR desires to maintain the safety
record of the Tokaido Shinkansen high-speed system, so it is imperative
that the system approach to safety and philosophy of the JRC system be
implemented as it is in Japan. As such, TCRR is requesting, through the
proposed RPA, that they comply with regulations that are more stringent
than the current Tier III standards.
    FRA has a regulatory program that addresses equipment, track,
operating practices, and human factors in the existing, conventional
railroad environment. However, significant operational and equipment
differences exist between the system proposed by TCR and existing
passenger operations in the United States. In many of the railroad
safety disciplines, FRA's existing regulations do not address the
operational characteristics of the proposed TCRR system. Therefore, to
ensure that this new system will operate safely, minimum Federal safety
standards must be in place when TCRR commences operations.
    FRA is proposing to regulate the TCRR system as a standalone
system. FRA stated in the Tier III final rule that a standalone system
would have to combine all aspects of railroad safety (such as operating
practices, signal and train control, and track) that must be applied to
the individual system. Such an approach covers more than passenger
equipment and would likely necessitate particular right-of-way
intrusion protection and other safety requirements not adequately
addressed in FRA's regulations. FRA continues to believe that
addressing proposals for standalone high-speed rail systems on a case-
by-case basis and comprehensively (such as through an RPA or other
specific regulatory action(s)), is prudent because of the small number
of potential operations and the possibility of significant differences
in their designs.
    Without the proposed RPA, TCRR would not be allowed to implement
their proposed system as it does not meet the requirements outlined
under the Tier III rule. The proposed regulation, as a rule of
particular applicability, was not subject to review under Executive
Order (E.O.) 12866.
    FRA concluded that because the NPRM generally includes only
voluntary actions or alternative action that would be voluntary, the
NPRM does not impart additional burdens on regulated entities. This
proposed rule is expected to be an E.O. 13771 deregulatory action.
Details on the estimate cost savings of this proposed rule can be found
below.
1. Costs
    Since TCRR, in its rulemaking petition, requests regulatory
requirements that may exceed those currently imposed upon other
railroads, there are no assumed new costs associated with the NPRM, as
any additional burdens placed onto TCRR are voluntarily assumed. TCRR
is assuming this burden to ensure that the Tokaido Shinkansen system
can be fully implemented, as it is currently used by JRC. Both TCRR and
FRA believe that a complete system approach to safety is needed to
maintain the over 50-year exemplary safety record that the Tokaido
Shinkansen system has experienced in Japan. As such, TCRR is willing to
assume the additional burden by voluntarily requesting regulatory
requirements that exceed what is currently imposed on other railroads.
2. Benefits
    TCRR will replicate the Tokaido Shinkansen system, adapting the
system and its essential technologies to the geographic and
environmental conditions in Texas. The TCRR system is based on accident
avoidance principles to assure collisions and other operational risks
and hazards are eliminated or reduced to the highest possible degree.
The system includes a dedicated, grade-separated, and fully fenced
right-of-way with intrusion detection capabilities. It will be designed
only for high-speed trainsets of a specific type on the right-of-way
during revenue operations, and implements a strict temporal separation
of maintenance activities (i.e., maintenance will be done at night when
there are no passenger train operations).
    The safety features of the TCRR system will be unique in this
country and do not exist in combination on any other existing North
American railroad. The proposed rule will require the TCRR system to
implement all service-proven, safety-critical aspects of JRC's Tokaido
Shinkansen system. Additionally, the proposed rule incorporates the
structural characteristics of JRC's N700 series trainset in a manner
that can be regulated and enforced by FRA. The NPRM also requires the
system to be designed, operated, and maintained in a manner that
effectively mitigates any hazard that could compromise the integrity of
the trainset. Implementing the Tokaido Shinkansen N700 series trainsets
as they are currently designed, along with the accident mitigation
measures required by a systems approach, and defined in the proposed
rule, will allow TCRR to replicate the

service-proven system and operations of the Tokaido Shinkansen system.
    The replication of the Tokaido Shinkansen high-speed system by TCRR
will allow TCRR to achieve a degree of safety that is at least as great
or greater than would be achieved while complying with existing FRA
safety standards and regulations.
    This proposed rule would facilitate the creation of a new high-
speed passenger railroad operating between Dallas and Houston, Texas,
utilizing the existing Tokaido Shinkansen technology that is currently
in service in Japan. Without the proposed rulemaking, TCRR would incur
potentially significant costs (and potentially lower system
performance) to comply with existing FRA regulations, or would need to
seek waivers of those regulations that would not provide long term
regulatory certainty. In either event, such costs and uncertainty could
potentially leave the project financially infeasible. If that were the
case, potential users of the new high-speed rail service between Dallas
and Houston would lose the consumer surplus gains that they would
otherwise enjoy, and any external societal benefits associated with
modal shift for passenger travel between the two cities would be lost
as well.\10\
---------------------------------------------------------------------------

    \10\ Note that FRA has not made any determination regarding the
potential financial viability of the TCRR proposal, even under the
terms of this NPRM.
---------------------------------------------------------------------------

    As the Tokaido Shinkansen high-speed system is a service-proven
system, FRA believes that the proposed rulemaking is the best course of
action to ensure that the public is provided with the highest level of
safety, while still providing regulatory clarity to TCRR.
3. Alternatives
    FRA provides two alternatives to the proposed RPA: The ``No
Action'' alternative where, without the proposed rule, TCRR could
decide to not pursue the Tokaido Shinkansen high-speed system and
instead pursue a system that could be built using the current Tier III
standards, or where TCRR could elect to comply with FRA's existing
regulations where the TCRR equipment and procedures may conflict,
necessitating a comprehensive set of waivers from existing FRA
standards.
``No Build'' Alternative
    Under one of the potential baseline alternatives, the ``No Build''
alternative, without the proposed RPA TCRR could decide not to pursue
the construction of its Tokaido Shinkansen high-speed system and
instead could pursue to build a high-speed system that complies with
the current Tier III standards.
    JRC would most likely not allow TCRR to use the Tokaido Shinkansen
high-speed system if it was modified it to adhere to the current Tier
III standards. In this event, TCRR would need to design and develop a
brand new high-speed system. In addition to the high costs of designing
and developing a new high-speed system, there would be high levels of
uncertainty associated with the overall safety performance of the
system, especially when compared to the Tokaido Shinkansen high-speed
system. Any new system that TCRR creates would lack the proven safety
record of the Tokaido Shinkansen high-speed system. FRA believes it is
unlikely that TRR would build this system under this alternative.
Waivers of Compliance
    As an alternative to redesigning the Tokaido Shinkansen system to
comply with FRA's existing regulations, TCRR could apply for waivers of
compliance. The continual renewal of waivers would impose a large
paperwork burden on TCRR as it would need a waiver for a large portion
of its operations, since the proposed system differs greatly from the
Tier III standards.\11\ Furthermore, waivers are revocable, and provide
approval that can be subject to change and conditions.\12\
---------------------------------------------------------------------------

    \11\ On average, waivers would need to be renewed every 5 years;
however, given the complexity of the TCRR system it is unknown if
those waivers would need to be renewed more often.
    \12\ Waivers are designed to provide relief from a specific
regulatory provision and not to provide regulatory oversight for an
entire railroad system.
---------------------------------------------------------------------------

    This uncertainty of the longevity of waiver approval could hinder
the financing and implementation of the TCRR system. In addition to
investor uncertainty, if waivers are revoked in the future, there is
the potential that the TCRR system would need to stop revenue service,
which could have a large impact on passengers who desire to use the
high-speed rail system.
    FRA also believes that not regulating the system holistically could
impose burdens on the Tokaido Shinkansen system and operations that
could be detrimental to the overall safety of the system. The Tokaido
Shinkansen system has a proven safety record with over 50 years of
service without a single passenger-related injury or fatality. Both
TCRR and FRA believe that the integration of the whole Tokaido
Shinkansen system is needed to ensure the historical safety record is
maintained on TCRR. For example, if TCRR allowed MOW workers to perform
maintenance during revenue service, there is a potential that the MOW
workers could be injured or killed. By not allowing the MOW workers to
perform maintenance during revenue service, JRC removed the risk
potential entirely. Any deviation from the Tokaido Shinkansen system,
as it is implemented in Japan, could result in a decrease in the
overall safety of the system.

B. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and
Executive Order 13272 (67 FR 53461, Aug. 16, 2002) require agency
review of proposed and final rules to assess their impacts on small
entities. An agency must prepare an Initial Regulatory Flexibility
Analysis (IRFA) unless it determines and certifies that a rule, if
promulgated, would not have a significant economic impact on a
substantial number of small entities. As discussed below, FRA does not
believe this proposed rule would have a significant economic impact on
a substantial number of small entities. However, FRA is requesting
comments on whether the proposed rule would impact small entities.
Therefore, FRA is publishing this IRFA to aid the public in commenting
on the potential small business impacts of the requirements in this
NPRM. FRA invites all interested parties to submit data and information
regarding the potential economic impact on small entities that would
result from the adoption of the proposals in this NPRM. FRA will
consider all information, including comments received in the public
comment process, to determine whether the rule will have a significant
economic impact on small entities.
1. Reasons FRA Is Considering the Proposed Rule
    The proposed rule takes a systems-approach to safety, and so
includes standards that address all aspects of the TCRR high-speed
system, including signal and trainset control, track safety, rolling
stock, operating rules and practices, system qualification tests, and
personnel qualifications. In addition, the proposed rule would make
applicable certain FRA regulations that apply to all railroads, which
are appropriate for application to TCRR, such as alcohol and drug
standards, hours of service requirements, and locomotive engineer and
conductor certification. Consistent with its statement in the most
recent Passenger Equipment Safety Standards final rule, published
November 21, 2018 (83 FR 59182), FRA proposes to regulate the TCRR
system as a standalone system.

2. Objectives and the Legal Basis for the Proposed Rule
    The Federal railroad statutes apply to all railroads, as defined in
49 U.S.C. 20102, including the TCRR system proposed to be built in
Texas.
3. Description and Estimate of the Number of Small Entities Affected
    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires a review of proposed and final rules to assess their impact on
small entities, unless the Secretary certifies that the rule would not
have a significant economic impact on a substantial number of small
entities. ``Small entity'' is defined in 5 U.S.C. 601 as a small
business concern that is independently owned and operated, and is not
dominant in its field of operation. The U.S. Small Business
Administration (SBA) has authority to regulate issues related to small
businesses, and stipulates in its size standards that a ``small
entity'' in the railroad industry is a for profit ``line-haul
railroad'' that has fewer than 1,500 employees, a ``short line
railroad'' with fewer than 500 employees, or a ``commuter rail system''
with annual receipts of less than seven million dollars. See ``Size
Eligibility Provisions and Standards,'' 13 CFR part 121, subpart A.
Additionally, section 601(5) of the Small Business Act defines ``small
entities'' as governments of cities, counties, towns, townships,
villages, school districts, or special districts with populations less
than 50,000 that operate railroads.
    Federal agencies may adopt their own size standards for small
entities in consultation with SBA and in conjunction with public
comment. Thus, in consultation with SBA, FRA has published a final
statement of agency policy that formally establishes ``small entities''
or ``small businesses'' as railroads, contractors and shippers that
meet the revenue requirements of a Class III railroad \13\--$20 million
or less in inflation-adjusted annual revenue--and commuter railroads or
small government jurisdictions that serve populations of 50,000 or
less.\14\
---------------------------------------------------------------------------

    \13\ See 49 CFR 1201.1
    \14\ See 68 FR 24891 (May 9, 2003) (codified at appendix C to 49
CFR part 209).
---------------------------------------------------------------------------

    The ``universe'' of entities this NPRM would affect includes only
those small entities that can reasonably be expected to be directly
affected by the provisions of this rule. In this case, the ``universe''
consists of a single railroad, TCRR. For the purposes of this analysis,
TCRR is not considered a small entity, as it is considered to be a
passenger railroad, and therefore doesn't meet any of the above
definitions of a ``small entity'' or a ``small business.''
    FRA requests comments about the impact that the proposed regulation
would have on TCRR.
4. Description and Estimate of Compliance Requirements Including
Differences in Cost, if Any, for Different Groups of Small Entities
    As TCRR is not considered a small entity and, furthermore, is the
only entity being regulated through the proposed regulation, there are
no compliance requirements that would impact any small entities.
5. Identification of Relevant Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed Rule
    The proposed rule takes a systems-approach, and so includes
standards that address all aspects of the TCRR high-speed system signal
and trainset control, track safety, rolling stock, operating rules and
practices, system qualification tests, and personnel qualifications. In
addition, the proposed rule would make applicable certain existing FRA
regulations that apply to all railroads, which are appropriate for
application to TCRR, such as alcohol and drug standards, hours of
service requirements, and locomotive engineer and conductor
certification. No new regulations are being created with the proposed
rule but rather, the thresholds of specific general rules of
applicability that apply to all railroads are being modified to
accommodate the unique Tokaido Shinkansen high-speed rail system.
    As no new regulations are being created with the proposed rule, FRA
doesn't believe there is any overlap or conflict with any rules and
regulations. FRA requests comments regarding any overlap or conflict
with other rules and regulations that might result from the proposed
rule.
6. Significant Regulatory Alternatives
    FRA has a regulatory program in place, pursuant to its statutory
authority, to address equipment, track, operating practices, and human
factors in the existing, conventional railroad environment. However,
significant operational and equipment differences exist between the
system proposed for Texas and existing passenger operations in the
United States. In many of the railroad safety disciplines, FRA's
current regulations do not adequately address the safety concerns and
operational characteristics of the proposed TCRR system. Therefore, to
assure the public that this new system will operate safely, minimum
Federal safety standards must be in place when TCRR commences
operations.
    Furthermore, as TCRR is not considered a small entity and is the
only entity being regulated through the proposed rule, there is no
economic impact to a small entity for which an alternative regulatory
approach is needed in order to minimize the potential impact to small
entities.
    FRA invites all interested parties to submit data and information
regarding the potential economic impact that would result from adoption
of the proposals in this NPRM. FRA will consider all comments received
in the public comment process when making a determination.

C. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C
3501-3520, and its implementing regulations, 5 CFR part 1320, when
information collection requirements pertain to nine or fewer entities,
Office of Management and Budget (OMB) approval of the collection
requirements is not required. This regulation pertains to one railroad,
and therefore, OMB approval of the paperwork collection requirements in
this proposed rule is not required.

D. Federalism Implications

    E.O. 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 E.O. 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 proposed rule has been analyzed under the principles and
criteria

contained in E.O. 13132. This proposed 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
E.O. 13132 do not apply.
    However, the final rule arising from this rulemaking 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 proposed rulemaking
on foreign commerce and believes that its proposed requirements are
consistent with the Trade Agreements Act. The requirements are safety
standards, which, as noted, are not considered unnecessary obstacles to
trade.

F. Environmental Impact

    FRA is evaluating the potential environmental impacts that may
result from this proposed 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 released a draft environmental impact
statement (EIS) for public comment on December 22, 2017. The public
comment period on the draft EIS closed on March 9, 2018. FRA is
addressing public comments received on the draft EIS and conducting
additional environmental analysis as needed to inform its preparation
of the final EIS. FRA must issue the final EIS and its record of
decision before issuing the final rule establishing an alternative
regulatory framework for safety oversight of the system proposed by
TCRR. The draft EIS is available on FRA's website at https://www.fra.dot.gov/Page/P0700. FRA will provide notice of publication of
the final EIS to the public in the Federal Register, through the
Environmental Protection Agency's weekly Notice of Availability, and on
its website at the above web address.

G. Executive Order 12898 (Environmental Justice)

    E.O. 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 E.O. 12898 and
requirements within the DOT Order in rulemaking activities, as
appropriate. FRA has evaluated this proposed rule under E.O. 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 proposed rule in accordance with the
principles and criteria contained in E.O. 13175, ``Consultation and
Coordination with Indian Tribal Governments,'' dated November 6, 2000.
This proposed 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 E.O. 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 proposed
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

    E.O. 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
proposed rule in accordance with E.O. 13211 and determined that this
regulatory action is not a ``significant energy action'' within the
meaning of the E.O.
    E.O. 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. Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, to www.regulations.gov, as described in the
system of records notice, DOT/ALL-14 FDMS, accessible through
www.dot.gov/privacy. To facilitate comment tracking and response, we
encourage commenters to provide their name, or the name of their
organization; however, submission of names is completely optional.
Whether commenters identify themselves, all timely comments will be
fully considered. If you wish to provide comments containing
proprietary or confidential information, please contact the agency for
alternate submission instructions.

List of Subjects

    High-speed rail, Incorporation by reference, Railroad safety,
Reporting and recordkeeping requirements, Rule of particular
applicability, Tokaido Shinkansen.

The Proposed Rule

    For the reasons discussed in the preamble, FRA proposes to add part
299 to chapter II, subtitle B of title 49, Code of Federal Regulations
as follows:
    1. Part 299 is added to read as follows:

PART 299--TEXAS CENTRAL RAILROAD HIGH-SPEED RAIL SAFETY STANDARDS

Subpart A--General Requirements
Sec.
299.1 Purpose and scope.
299.3 Applicability.
299.5 Definitions.
299.7 Responsibility for compliance.
299.9 Notifications and filings.
299.11 Electronic recordkeeping.
299.13 System description.
299.15 Special approvals.
299.17 Incorporation by reference.
Subpart B--Signal and Trainset Control System
299.201 Technical PTC system requirements.
299.203 PTC system required.
299.205 PTC System Certification.
299.207 PTC Safety Plan content requirements.
299.209 PTC system use and failures.
299.211 Communications and security requirements.
299.213 Records retention.
299.215 Operations and Maintenance Manual.
Subpart C--Track Safety Standards
299.301 Restoration or renewal of track under traffic conditions.
299.303 Measuring track not under load.
299.305 Drainage.
299.307 Vegetation.
299.309 Classes of track: operating speed limits.
299.311 Track geometry; general.
299.313 Track geometry; performance based.
299.315 Curves; elevations and speed limitations.
299.317 Track strength.
299.319 Track fixation and support.
299.321 Defective rails.
299.323 Continuous welded rail (CWR) plan.
299.325 Continuous welded rail (CWR); general.
299.327 Rail end mismatch.
299.329 Rail joints and torch cut rails.
299.331 Turnouts and crossings generally.
299.333 Frog guard rails and guard faces; gauge.
299.335 Derails.
299.337 Automated vehicle-based inspection systems.
299.339 Daily sweeper inspection.
299.341 Inspection of rail in service.
299.343 Initial inspection of new rail and welds.
299.345 Visual inspections; right-of-way.
299.347 Special inspections.
299.349 Inspection records.
299.351 Qualifications for track maintenance and inspection
personnel.
299.353 Personnel qualified to supervise track restoration and
renewal.
299.355 Personnel qualified to inspect track.
299.357 Personnel qualified to inspect and restore continuous welded
rail.
Subpart D--Rolling Stock
299.401 Clearance requirements.
299.403 Trainset structure.
299.405 Trainset interiors.
299.407 Glazing.
299.409 Brake system.
299.411 Bogies and suspension system.
299.413 Fire safety.
299.415 Doors.
299.417 Emergency lighting.
299.419 Emergency communication.
299.421 Emergency roof access.
299.423 Markings and instructions for emergency egress and rescue
access.
299.425 Low-location emergency exit path marking.
299.427 Emergency egress windows.
299.429 Rescue access windows.
299.431 Driver's controls and cab layout.
299.433 Exterior lights.
299.435 Electrical system design.
299.437 Automated monitoring.
299.439 Event recorders.
299.441 Trainset electronic hardware and software safety.
299.443 Safety appliances.
299.445 Trainset inspection, testing, and maintenance requirements.
299.447 Movement of defective equipment.
Subpart E--Operating Rules
299.501 Purpose.
299.503 Operating rules; filing and recordkeeping.
299.505 Programs of operational tests and inspections;
recordkeeping.
299.507 Program of instruction on operating rules; recordkeeping.
Subpart F--System Qualification Tests
299.601 Responsibility for verification demonstrations and tests.
299.603 Preparation of system-wide qualification test plan.
299.605 Functional and performance qualification tests.
299.607 Pre-revenue service systems integration testing.
299.609 Vehicle/track system qualification.
299.611 Simulated revenue operations.
299.613 Verification of compliance.
Subpart G--Inspection, Testing, and Maintenance Program
299.701 General requirements.
299.703 Compliance.
299.705 Standard procedures for safely performing inspection,
testing, and maintenance, or repairs.
299.707 Maintenance intervals.
299.709 Quality control program.
299.711 Inspection, testing, and maintenance program format.
299.713 Program approval procedures.

Appendix A to Part 299--Criteria for Certification of Crashworthy Event
Recorder Memory Module

Appendix B to Part 299--Cab Noise Test Protocol

    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 Requirements

Sec.  299.1  Purpose and scope.

    This part prescribes minimum Federal safety standards for the high-
speed transportation system described in detail in Sec.  299.13, known
as Texas Central Railroad, LLC and hereinafter referred to as the
``railroad.'' The purpose of this part is to prevent accidents,
casualties, and property damage which could result from operation of
this system.

Sec.  299.3  Applicability.

    (a) This part applies only to the railroad, as described in Sec.
299.13.
    (b) Except as stated in paragraph (c) of this section, this part,
rather than the generally applicable Federal railroad safety
regulations, shall apply to the railroad.
    (c) The following Federal railroad safety regulations found in
Title 49 of the Code of Federal Regulations, and any amendments are
applicable to the railroad.
    (1) Part 207, Railroad Police Officers;

    (2) Part 209, Railroad Safety Enforcement Procedures;
    (3) Part 210, Railroad Noise Emission Compliance Regulations;
    (4) Part 211, Rules of Practice;
    (5) Part 212, State Safety Participation Regulations;
    (6) Part 214, Railroad Workplace Safety, except Sec.  214.339;
    (7) Part 216, Special Notice and Emergency Order Procedures;
    (8) Part 218, Railroad Operating Practices;
    (9) Part 219, Control of Alcohol and Drug Use;
    (10) Part 220, Radio Standards and Procedures;
    (11) Part 225, Railroad Accidents/Incidents: Reports,
Classification, and Investigations;
    (12) Part 227, Occupational Noise Exposure except Sec.
227.119(c)(10) and (11) with respect to the railroad's high-speed
trainsets only, which shall comply with 299.431(k) and (l);
    (13) Part 228, Hours of Service of Railroad Employees;
    (14) Part 233, Signal Systems Reporting Requirements;
    (15) Part 235, Instructions Governing Applications for Approval of
a Discontinuance or Material Modification of a Signal System or Relief
from the Requirements of Part 236, except Sec.  235.7;
    (16) Part 236, Installation, Inspection, Maintenance and Repair of
Signal and Train Control System, Devices, and Appliances, subparts A
through G, as excepted by the railroad's PTC Safety Plan (PTCSP) under
Sec.  299.201(d);
    (17) Part 237, Railroad Bridge Safety Standards;
    (18) Part 239, Passenger Train Emergency Preparedness;
    (19) Part 240, Qualification and Certification of Locomotive
Engineers;
    (20) Part 242, Qualification and Certification of Train Conductors;
    (21) Part 243, Training, Qualification, and Oversight for Safety-
Related Railroad Employees;
    (22) Part 270, System Safety Program
    (23) Part 272, Critical Incident Stress Plans; and
    (24) The following parts shall apply to the railroad's maintenance-
of-way equipment as it is used in work trains, rescue operations, yard
movements, and other non-passenger functions:
    (i) Part 215, Railroad Freight Car Safety Standards;
    (ii) Part 223 Glazing Standards;
    (iii) Part 229, Railroad Locomotive Safety Standards, except--
    (A) Section 229.71. Instead, the railroad's maintenance-of-way
equipment shall comply with Sec.  299.401(b), except for the sweeper
vehicle, which shall have a clearance above top of rail no less than 35
mm (1.77 inches).
    (B) Section 229.73. Instead, the railroad's maintenance-of-way
equipment shall be designed so as to be compatible with the railroad's
track structure under subpart C of this part.
    (iv) Part 231, Railroad Safety Appliance Standards; and,
    (v) Part 232, Railroad Power Brakes and Drawbars.
    (d) The Federal railroad safety statutes apply to all railroads, as
defined in 49 U.S.C. 20102. The railroad covered by this part is a
railroad under that definition. Therefore, the Federal railroad safety
statutes, Subtitle V of Title 49 of the United States Code, apply
directly to the railroad. However, pursuant to authority granted under
49 U.S.C. 20306, FRA has exempted the railroad from certain
requirements of 49 U.S.C. ch. 203.

Sec.  299.5  Definitions.

    As used in this part--
    Absolute block means a block of track circuits in which no trainset
is permitted to enter while occupied by another trainset.
    Adjusting/de-stressing means the procedure by which a rail's
neutral temperature is readjusted to the desired value. It typically
consists of cutting the rail and removing rail anchoring devices, which
provides for the necessary expansion and contraction, and then re-
assembling the track.
    Administrator means the Administrator of the FRA or the
Administrator's delegate.
    Associate Administrator means FRA's Associate Administrator for
Safety and Chief Safety Officer, or that person's delegate.
    Automatic train control (ATC) means the signaling system, composed
of ground and on-board equipment. The on-board equipment continually
receives a signal from the ground equipment. ATC on-board equipment
controls the trainset speed to prevent train-to-train collisions and
overspeed derailments.
    ATC cut-out mode means the mode of ATC on-board equipment used for
emergency operations to disable the ATC on-board equipment on the
trainset.
    ATC main line mode means the mode of ATC on-board equipment which
controls trainset speed on mainlines.
    ATC overrun protection means an overlay of the ATC shunting mode to
prevent overrun at the end of a track.
    ATC shunting mode means the mode of ATC on-board equipment which
restricts the trainsets maximum speed to 30 km/h (19 mph).
    Brake, air means a combination of devices operated by compressed
air, arranged in a system and controlled electrically or pneumatically,
by means of which the motion of a train or trainset is retarded or
arrested.
    Brake, disc means a retardation system used on the passenger
trainsets that utilizes flat discs as the braking surface.
    Brake, electric means a trainset braking system in which the
kinetic energy of a moving trainset is used to generate electric
current at the traction motors, which is then returned into the
catenary system.
    Brake, emergency application means a brake application initiated by
a de-energized brake command and is retrievable when there is no
malfunction that initiates an automatic emergency brake application. An
emergency brake application can be initiated by the driver or
automatically by ATC. An emergency brake application, as defined here,
is equivalent to a full-service brake application in the U.S.
    Brake, urgent application means an irretrievable brake application
designed to minimize the braking distance. An urgent brake application,
as defined here, is the equivalent of an emergency brake application in
the U.S.
    Bogie means an assembly that supports the weight of the carbody and
which incorporates the suspension, wheels and axles, traction motors
and friction brake components. Each unit of a trainset is equipped with
two bogies. In the U.S. a bogie is commonly referred to as a truck.
    Broken rail means a partial or complete separation of an otherwise
continuous section of running rail, excluding rail joints, expansion
joints, and insulated joints.
    Buckling incident/buckling rail means the formation of a lateral
misalignment caused by high longitudinal compressive forces in a rail
sufficient in magnitude to exceed the track geometry alignment safety
limits defined in Sec.  299.309.
    Buckling-prone condition means a track condition that can result in
the track being laterally displaced due to high compressive forces
caused by critical rail temperature combined with insufficient track
strength and/or train dynamics.
    Cab means the compartment or space within a trainset that is
designed to be occupied by a driver and contain an operating console
for exercising control over the trainset.
    Cab car means a rail vehicle at the leading or trailing end, or
both, of a trainset which has a driver's cab and is

intended to carry passengers, baggage, or mail. A cab car may or may
not have propelling motors.
    Cab end structure means the main support projecting upward from the
underframe at the cab end of a trainset.
    Cab signal means a signal located in the driver's compartment or
cab, indicating a condition affecting the movement of a trainset.
    Calendar day means a time period running from one midnight to the
next midnight on a given date.
    Cant deficiency means the additional height, which if added to the
outer rail in a curve, at the designated vehicle speed, would provide a
single resultant force, due to the combined effects of weight and
centrifugal force on the vehicle, having a direction perpendicular to
the plane of the track.
    Continuous welded rail (CWR) means rail that has been welded
together into lengths exceeding 122 m (400 feet). Rail installed as CWR