FRA/FTA Joint Policy and Shared Use National Highway-Rail Grade Crossing Safety Training Conference Galveston, TX November 6-9, 2011 By John J Mardente, Program Manager Passenger Rail Division, Federal Railroad Administration (FRA) Washington, DC HQ 1
FTA s Role in Rail Transit Safety Intermodal Surface transportation Efficiency Act of 1991 (ISTEA) - US Congress required FTA to establish a program providing for the state conducted oversight of the safety and security of rail systems not regulated by FRA. 49 CFR Part 659 was created in 1995. Regulatory requirements for State Safety Oversight Agency (SSOA) of Rail Fixed Guideway System (RFGS) safety. In 1995, only 5 states maintained provisions for SSOA of rail transit agencies. Today, 26 SSOA s oversee 44 RFGS. 2
FTA s Rail Fixed Guideway System Definition According to FTA, the definition of a Rail Fixed Guideway System (RFGS): " as determined by FTA, any light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or automated guideway that 1. Isn't regulated by the FRA 2. Is included in the FTA's calculation of fixed guideway route miles or receives funding under FTA's formula program for urbanized areas (49 USC 5336) 3. Has submitted documentation to FTA indicating its intent to be included in FTA's calculation of fixed guideway route miles to receive funding under FTA's formula program for urbanized areas (USC 5336)" 3
Useful Definitions System Safety: The application of operating, technical, and management techniques and principles to the safety aspects of a system throughout its life cycle to reduce hazards to the lowest practical level through the most effective use of available resources. Temporal Separation: Operating conventional freight/commuter and transit rail equipment at distinct periods of the day and establishing procedures to ensure strict observation of the defined operating windows. 4
FRA s Authority Federal Railroad Safety Act of 1970 ( Safety Act ) Under the Federal railroad safety laws, FRA has jurisdiction over all railroads except rapid transit operations in an urban area that are not connected to the general railroad system of transportation. 49 U.S.C. 20102. FRA exercises jurisdiction over all railroad passenger operations, regardless of the equipment they use. 5
FRA s Authority Read 49 CFR Part 209 Jurisdiction CFR Part 211 Agency Policy for Shared Use Waivers Docket 1999-5685 Statement of Agency Policy, etc 6
FRA Office of Safety composition 8 Regions, plus a HQ office in Washington, DC Disciplines: OP, S&TC, Track, MPE, Grade Crossing, Rail Integrity, Bridge, PTC, FRA Passenger Rail Division Passenger Rail Division: Daniel Knote, Robert Adduci, Robert Scarola, John Mardente, Shahram Mehrvarzi, Devin Rouse, Mike Ramsey, Pat Preusser, Charles Whalen APTA audits FRA/FTA Joint Policy/Shared Use for RFGS with limited connections to the General Railroad System New-Start Outreach Program for Commuter-rail High-Speed Rail (HSR) Program 7
Federal Railroad Administration 2000-present: General System and Rail Transit Common Corridor Safety Program- John Mardente, Passenger Rail Division Shared use of corridors by light rail with conventional trains holds great promise for increasing passenger transportation efficiency in metropolitan areas 8
2010: General System and Rail Transit Common Corridor Safety Program July 10 2000, policy statements: Joint FRA/FTA statement explains how agencies will coordinate their safety authority. FRA statement explains legal basis of FRA safety jurisdiction and agency policy on exercising it in shared use context, and gives guidance. FRA s statement does not amend any safety rules or impose any regulatory burdens not already imposed by those rules. Portions of transit operations outside shared use are under FTA/SSO safety oversight only. 9
Different ways Rail Fixed Guideway Systems can coincide with the General Railroad System Railroad/Transit Shared Use Shared Track Limited Connections Common Corridor Common Highway Rail Grade Crossing Devices Rail to rail crossings Common train control 10
FRA does not want these to comingle (49 title CFR Part 238-800ksi compressive, etc) 11
2010: General System and Rail Transit Common Corridor Safety Program FRA will be more willing to waive many of its rules where temporal separation will be in effect and petitioner demonstrates that its system safety program and state safety oversight program addresses relevant safety issues Waivers from specific parts of the Federal railroad regulations rely on alternate safety programs (e.g., Federal Transit Administration state oversight program) Policy allows for each Petitioner s transit system to be treated individually, with relief granted from 49 CFR Regulations as applicable SYSTEMS Approach to Waiver investigation 12
Waiver Likely Treatment Title 49 CFR part 213 213 Appendix C 214, 237 214 233, 235, 236 234 Track, Structure, and Signals Subject of Rule Track safety standards Likely Treatment Comply (assuming transit owns track) Bridge safety policy Not a rule (voluntary compliance) Bridge worker safety Waive (OSHA) Roadway worker safety Comply Signal and train control Comply (assuming transit owns track) Grade crossing signals Comply (assuming transit owns track) 13
Waiver Likely Treatment Motive Power and Equipment Title 49 CFR part Subject of Rule Likely Treatment 210 Noise emission Waive 215 221 223 229 231 Freight car safety Rear end marker Safety glazing Locomotive safety Safety appliance Waive Waive Waive Waive Waive 238 Passenger equipment Waive 14
Waiver Likely Treatment Operating Practices Title 49 CFR part Subject of Rule Likely Treatment 217 Operating rules Waive 218 219 220 225 228 Operating practices Alcohol and drug Railroad communication Accident reporting Hours of service Waive except (1) Waive if FTA 655 applies Waive except (2) Waive comply (3) Waive but not likely for (4) 239 Passenger preparedness Waive 240 Engineer certification Waive 1. For prohibition on tampering with safety devices related to signal system, and blue signal on shared track 2. To extent communications with freight trains and roadway workers are necessary 3. With regard to train accidents and crossing accidents; waive as to injuries; FRA accident investigation authority not subject to waiver 4. In Shared Corridor with limited shared highway-rail grade crossings, does not apply to Transit employees as it is burdensome (reference CATS Waiver-CATS STC employees maintained their own half of the ROW at highway rail grade crossings) 15
Tacoma * Some Waivers Granted Lackawanna County (Scranton, PA) NJ Transit (Newark) Sacramento (SRTD) * Salt Lake City San Francisco * Santa Clara Valley (VTA) Port of Los Angeles (POLA) San Diego Trolley SDTI DART St Louis Metro North County Transit, Oceanside CATS Memphis MATA* NJ Transit (Trenton - Camden) MTA, Baltimore Tampa* * limited connection 16
Active Waivers Location Transit Auth. Railroad Type Docket No. 1 Salt Lake City, UT Utah Transit Auth. Utah Railway Shared track 1999-6253 2 Trenton, NJ to Camden, NJ New Jersey Transit Conrail Shared Assets Shared track 1999-6135 3 Santa Clara, CA [1] Valley Transit Auth. Union Pacific Shared track (Tasman West)/ Vasona Shared Corridor 1999-6254 4 Scranton, PA Lackawanna County Delaware- Lackawanna Railroad Shared track 2000-7275 5 Baltimore, MD Maryland MTA Norfolk Southern Shared track (NS abandoned-now a limited diamond Connection 2000-7054, 7286 6 San Diego, CA San Diego Trolley San Diego & Imperial Valley Railroad Shared track 2000-7137, 7274 7 Newark, NJ-Newark Subway New Jersey Transit Norfolk Southern Limited connection [1] Freight does not currently operate over this segment. 2000-7335 17
Active Waivers Location Transit Auth. Railroad Type Docket No. 8 Los Angeles, CA Port of Los Angeles (POLA) Pacific Harbor Lines Shared track 2001-10237 9 Tacoma, WA [1] Sound Transit Burlington Northern Santa Fe Limited connection 2000-8266 10 Tampa, FL HART CSX Limited connection 2002-13398 11 Oceanside, CA North County Transit Burlington Northern Santa Fe Shared track 2002-11809 12 Sacramento, CA Sacramento Regional Transit Union Pacific Limited connection 2003-14565 13 San Francisco, CA Muni Union Pacific Limited Connection 14 Saint Louis, MO METRO Union Pacific Limited connection 15 Memphis, TN MATA CN/Amtrak Limited connection 2003-15988 2007-27207 2008-0063 [1] Subsequent to waiver grant, limited connection removed due to reroute of freight traffic. 18
FRA Region 7 Chief Inspector Michael Lange and S&TC Inspector Garry Readman experts inspecting and crafting recommendations for recent 5-year Waiver Petition by SDTI (Docket 2000-7137) 19
CN East track MATA on West track MATA Trolley operating south through CN railroad crossing at grade.
South CN MATA MATA operating south between Pyramid Access Road and Adams Avenue.
South MATA CN View of CN railroad grade crossing.
27 th Annual Engineers Meeting Shared Yard Operation with Coaster (Docket 2000-7137) 23
Trolley limited connection at grade rail crossing between CSXT and HART s TECO (FRA-2002-13398) 24
New Jersey Transit River Line (FRA-1999-6135) shares track/corridor with Conrail 25
New Jersey Transit River Line (FRA-1999-6135) shares track/corridor with Conrail 26
UTA TRAX-shares track, temporally separated from nightly freight period (FRA-1999-6253) 27
Questions? John Mardente FRA Office of Safety Passenger Rail Division Washington DC 2024931335 john.mardente@dot.gov www.regulations.gov 28