Track Geometry Measurement System (TGMS) Inspections

SUPPLEMENTARY INFORMATION:

Table of Contents for Supplementary Information

I. Executive Summary

II. Legal Authority

III. Background

IV. Section-by-Section Analysis

V. Regulatory Impact and Notices

A. Executive Order 12866 as Amended by Executive Order 14094

B. Regulatory Flexibility Act and Executive Order 13272

C. Paperwork Reduction Act

D. Federalism Implications

E. International Trade Impact Assessment

F. Environmental Impact

G. Executive Order 12898 (Environmental Justice)

H. Unfunded Mandates Reform Act of 1995

I. Energy Impact

J. Privacy Act Statement

K. Executive Order 13175 (Tribal Consultation)

L. Rulemaking Summary, 5 U.S.C. 553(b)(4)

I. Executive Summary

Purpose of the Regulatory Action

ATI technologies have been evolving since the 1970s and FRA has been researching ATI technology, including TGMS, for many years. This effort has included multiple FRA-authored or sponsored technical reports, as well as FRA-approved Test Programs (49 CFR 211.51) with nearly every Class I railroad, to evaluate the effectiveness of this technology. Based on its years of research into TGMS, as well as its own Automated Track Inspection Program (ATIP) and the Class I Test Programs, FRA acknowledges the safety benefits of this technology, specifically its ability to quickly and accurately detect small changes in track geometry. FRA notes that TGMS is not a substitute for visual track inspections, which inspect for numerous conditions aside from track geometry and remain essential to ensuring railroad safety.

Today, every Class I and II railroad uses some form of TGMS to measure track geometry. FRA regulation already requires TGMS inspections for high-speed track (Class 6 and above) as well as lower-speed track with cant deficiency of higher than 5 inches. While these existing requirements are applicable to a relatively small subset of railroads in the United States, FRA's research indicates that all railroads covered by this proposed rulemaking are already performing TGMS inspections on their networks at or above the frequencies FRA is proposing in this rule. Therefore, the purpose of this rulemaking is to codify this industry practice while also setting baseline requirements for areas such as TGMS calibration, recordkeeping, defect remediation timeframes, and training.

Summary of Major Provisions

FRA is proposing regulations to amend 49 CFR part 213, Track Safety Standards (TSS), which prescribe the minimum safety requirements for railroad track. The proposed changes would require all Class I and II railroads, as well as intercity passenger railroads and commuter railroads, to operate a qualifying TGMS, at specified frequencies on all Class 1 through 5 mainline and controlled siding track that transports: (1) annual tonnage greater than 10 MGT; (2) regularly scheduled passenger rail service; or (3) trains containing hazardous materials, as defined in 49 CFR 171.8. FRA also proposes increasing the required frequency of TGMS inspections on Class 6 track.

Currently, the TSS require TGMS inspections for high-speed track (Class 6 through 9), and lower speed track (Class 1 through 5) where the cant deficiency is more than 5 inches. As noted above, FRA's research indicates that all the railroads that would be subject to this proposed rule are already performing all visual inspections required by the TSS in addition to voluntarily performing TGMS inspections at or above the frequency that would be required by this NPRM. Thus, this NPRM would codify this industry practice as well as set forth requirements that include remedial action of detected track geometry defects within a specified timeframe, training, and recordkeeping.

The NPRM proposes adding 49 CFR 213.236 to 49 CFR part 213, subpart F, and making conforming changes to § 213.333 to require TGMS inspections at least three times within a 365-day period on Class 1 through 5 mainline and controlled siding tracks that meets one of three stated requirements, and all of Class 6 track. There would be no change to the current frequency requirement for Class 7 and above track. The TGMS must be capable of transmitting data in a manner that permits the track owner to take proper remedial action within one hour of detection of a defect. This one-hour timeframe would represent the maximum permitted time between when a TGMS detects a geometry defect and when a track owner must take remedial action.

The NPRM also proposes certain recordkeeping and training requirements for TGMS inspections, as well as minimum requirements for what must be included in TGMS reports.

The NPRM also proposes certain changes to § 213.241 and identical changes to § 213.339. FRA proposes updating the list of types of inspections that are required to produce reports that conform with the requirements of §§ 213.241(b) and 213.339(b), most significantly adding special inspections (§§ 213.239 and 213.367) to this list. These special visual inspections are required after a specific occurrence, such as a fire or flood or storm, that may have damaged the track structure. Under current FRA enforcement practices, these inspections have historically not been required to be documented. Documenting the data, as proposed will help railroads to reduce risk of track damage from these events by ensuring the inspections are performed, if possible, prior to train traffic. Also, these inspections improve FRA oversight since without them, it can be difficult to confirm that a required inspection was performed. Further, FRA proposes revising the requirement for electronic recordkeeping to add additional safeguards such as requiring training on the proper use of the system, access controls, and an information technology security program to ensure adequate integrity of the system.

Benefits and Costs

FRA analyzed the economic impact of this proposed rule over a 10-year period and estimated its benefits and costs. FRA expects the proposed rule to enhance safety and promote innovation. According to FRA's Railroad Equipment Accident Incident Database, Class I and Class II railroads reported over $191.6 million in total damages from track geometry caused accidents over the past 10 years from 2014 to 2023. FRA expects the reduction in track-related accidents due to the proposed rule's one-hour remediation requirement to partially offset the cost of the proposed rule. Section V.A of this document describes more fully the benefits and costs that would result from issuing this rule.

The proposed rule would require track owners to take proper remedial action no later than one hour following the identification of any track geometry exception to the class of track identified by the TGMS system. FRA expects the affected track owners would be required to hire a total of 94 new maintenance-of-way (MOW) employees to accomplish this proposed requirement.

The proposed rule would also require additional recordkeeping of all track geometry exceptions detected by the TGMS vehicle. The report and any revisions must be documented, signed, certified by a § 213.7(b) qualified employee, and made available to FRA upon request. The track owner would be responsible for training MOW employees, recordkeeping requirements, and record storage and maintenance. FRA estimates all affected track owners would be required to provide one hour of training to each of their approximately 10,000 MOW employees during the first year after the proposed rule goes into effect. FRA estimates additional training would be required starting in the second year after the proposed rule goes into effect as newly hired maintenance workers replace the anticipated 2 percent of maintenance workers expected to depart due to attrition. Overall, FRA estimates the proposed rule would cost the affected track owners $123.4 million discounted at a 2 percent rate over the 10-year period, as shown in Table ES-1.