FRA puts new operating procedures on hold:
CLEVELAND, April 11 - The National Division received word early this afternoon that the Federal Railroad Administration (FRA) will temporarily suspend the effectiveness of the Final Rule published on February 13. This Final Rule federalizes operating practices pertaining to hand-operated switches and fixed derails, point protection for shoving movements, leaving equipment in the foul, and was to take effect on April 14.
FRA’s action is in response to Petitions for Reconsideration of various aspects of the Final Rule that were filed by six rail unions, including the BLET, by the American Passenger Transportation, and the Association of American Railroads. A new effective date will be announced when FRA responds to the various Petitions.
Update on new FRA operating procedures regulation:
CLEVELAND, April 16 - Last Friday afternoon, we reported receiving word that the Federal Railroad Administration (FRA) was temporarily suspending the Final Rule federalizing operating practices pertaining to hand-operated switches and fixed derails, point protection for shoving movements, and leaving equipment in the foul, which was to take effect on April 14. We have since been advised that the notice suspending the rule was not received by the Federal Register in time for publication in Monday’s edition, meaning that the Final Rule has gone into effect.
FRA also advised the BLET as follows:
Although FRA is not able to temporarily suspend the effective date of the rule… FRA will judiciously exercise its enforcement discretion with respect to the aspects of the Final Rule that were petitioned.
FRA is well aware that railroads that have asked for relief from the training implementation dates will need to continue to ramp up training of employees and supervisors based on the published implementation schedule. For that reason and others, FRA intends to act on the petitions for reconsideration expeditiously.
Among the issues under reconsideration in addition to the training schedule are individual liability for civil penalties for willful violation of the regulation, the Good Faith Challenge process, whether point protection is required when shove lights are used, and the extent to which remote control zone pull-out protection technology is governed by the 49 CFR Part 236, Subpart H requirements for processor-based signal and train control systems.
For more information concerning the FRA’s Rules on Human Factor caused derailments, click here.
