DAR File No. 42008

Transportation, Operations, Traffic and Safety

Rule R920-51

Safety Regulations for Railroads

Notice of Proposed Rule

(Repeal)

DAR File No.: 42008
Filed: 08/11/2017 01:35:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

After reviewing the rule, the Department of Transportation determined that the rule is no longer needed and should be repealed. The federal regulations that this rule adopts by reference have changed and they no longer apply to the Department.

Summary of the rule or change:

This change repeals the rule entirely.

Statutory or constitutional authorization for this rule:

• Section 72-1-201
• Section 54-4-14

Anticipated cost or savings to:

the state budget:

The Department does not anticipate that this change will result in any additional cost to the state budget. The change may result in savings to the state budget because the Department will no longer need to enforce the federal regulations the rule adopts by reference, but these savings are difficult to measure and since this change eliminates the rule, quantifying any savings is not practical or cost effective.

local governments:

The Department does not anticipate that this change will result in any additional cost or savings to the the budgets of local governments because the rule does not apply to local governments.

small businesses:

The Department does not anticipate that this change will result in any additional cost or savings to the the budgets of small businesses because the rule does not apply to small businesses. Any effect the rule may have on the budgets of small businesses is derivative and impossible to quantify.

persons other than small businesses, businesses, or local governmental entities:

The Department does not anticipate that this change will result in any additional cost or savings to the the budgets of persons other than small businesses, businesses, or local government entities because the rule does not apply to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The Department does not anticipate that this change will result in any compliance costs for persons affected by the rule because the change eliminates the existing rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

The repeal of Rule R920-51 should have no appreciable or quantifiable affect on business.

Carlos Braceras, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Transportation
Operations, Traffic and Safety
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov
• James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
• Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/02/2017

This rule may become effective on:

10/09/2017

Authorized by:

Carlos Braceras, Executive Director

R920. Transportation, Operations, Traffic and Safety.

[R920-51. Safety Regulations for Railroads.

R920-51-1. Adoption of Federal Regulations.

Safety Regulations for Railroads, Title 49 Federal Railroad Administration, Department of Transportation is adopted by reference as it applies to all private, common, and contract carriers by rail in Interstate and/or Intrastate Commerce.

 

R920-51-2. Part 200 - Informal Rules of Practice for Passenger Service.

A. General

B. Definition

C. Application

D. Objections

E. Hearings

F. Orders, approvals and determinations

G. Publication

 

R920-51-3. Part 201 - Formal Rules of Practice for Passenger Service.

A. General

B. Definitions

C. Scope of regulations

D. Application

E. Notice of hearing

F. Notification by interested persons

G. Presiding officer

H. Direct testimony submitted as written documents

I. Mailing address

J. Inspection and copying of documents

K. Ex parte communications

L. Prehearing conference

M. Final agenda of the hearing

N. Determination to cancel the hearing

O. Rebuttal testimony and new issues of fact in final agenda

P. Waiver of right to participate

Q. Conduct of the hearing

R. Direct testimony

S. Cross - examination

T. Oral and written arguments

U. Recommended decision, certification of the transcript, and submission of comments in the recommended decision.

 

R920-51-4. Railroad Safety Enforcement Procedures.

A. Subpart A - General

B. Subpart B - Hazardous Materials Penalties

 

R920-51-5. Part 210 - Railroad Noise Emission Compliance Regulations.

A. Subpart A - General Provisions

B. Subpart B - Inspection and testing

 

R920-51-6. Part 211 - Rules of Practice.

A. Subpart A - General

B. Subpart B - Rulemaking Procedures

C. Subpart C - Waivers

D. Subpart D - Emergency Orders

E. Subpart E - Miscellaneous Safety - Related Proceedings and Inquiries

F. Subpart F - Interim Procedures for the Review of Emergency Orders

 

R920-51-7. Part 212 - State Safety Participation Regulations.

A. Subpart A - General

B. Subpart B - State/Federal Roles

C. Subpart C - State Inspection Personnel

D. Subpart D - Grants in Aid

 

R920-51-8. Part 213 - Track Safety Standards.

A. Subpart A - General

B. Subpart B - Roadbed

C. Subpart C - Track Geometry

D. Subpart D - Track Structure

E. Subpart E - Track Appliances and Track Related Devices

F. Subpart F - Inspections

 

R920-51-9. Part 215 - Railroad Freight Car Safety Standards.

A. Subpart A - General

B. Subpart B - Freight Car Components

C. Subpart C - Restricted Equipment

D. Subpart D - Stenciling

 

R920-51-10. Part 216 - Special Notice and Emergency Order Procedures: Railroad Track, Locomotive and Equipment.

A. Subpart A - General

B. Subpart B - Special Notice for Repair

C. Subpart C - Emergency Order - Track

 

R920-51-11. Part 217 - Railroad Operating Rules.

A. Subpart A - General

 

R920-51-12. Part 218 - Railroad Operating Rules.

A. Subpart A - General

B. Subpart B - Blue Signal Protection of Workmen

C. Subpart C - Protection of Trains and Locomotives

 

R920-51-13. Part 220 - Radio Standards and Procedures.

A. Subpart A - General

B. Subpart B - Radio Procedures

C. Subpart C - Train Orders

 

R920-51-14. Part 221 - Rear End Marking Device -Passenger, Commuter and Freight Trains.

A. Subpart A - General

B. Subpart B - Marking Devices

 

R920-51-15. Part 223 - Safety Glazing Standards -Locomotives, Passenger Cars and Cabooses.

A. Subpart A - General

B. Subpart B - Specific Requirements

 

R920-51-16. Part 225 - Railroad Accidents/Incidents: Reports Classification, and Investigations.

A. Purpose

1. Applicability

2. Definitions

3. Public examination and use of reports

4. Telephonic reports of certain accidents/incidents

5. Reporting of accidents/incidents

6. Late reports

7. Accident/incidents not to be reported

8. Doubtful cases

9. Primary groups of accidents/incidents

10. Forms

11. Joint operations

12. Recordkeeping

13. Retention of records

14. Penalties

 

R920-51-17. Part 228 - Hours of Service of Railroad Employees.

A. Subpart A - General

B. Subpart B - Records and Reporting

C. Subpart C - Construction of Employee Sleeping Quarters

 

R920-51-18. Part 229 - Railroad Locomotive Safety Standards.

A. Subpart A - General

B. Subpart B - Inspections and Tests

C. Subpart C - Safety Requirements

D. Subpart D - Design Requirements

 

R920-51-19. Part 230 - Locomotive Inspection.

A. Steam Powered Locomotives

 

R920-51-20. Part 231 - Railroad Safety Appliance Standards.

A. Box and other house cars

B. Hopper cars and high-side gondolas with fixed ends

C. Drop-end high-side gondola cars

D. Fixed-end low-side gondola and low-side hopper cars

E. Drop-end low-side gondola cars

F. Flat cars

G. Tank cars with side platforms

H. Tank cars without side sills and tank cars with short side sills and end platforms

I. Tank cars without end sills

J. Caboose cars with platforms

K. Caboose cars without platforms

L. Passenger-train cars with wide vestibules

M. Passenger-train cars with open-end platforms

N. Passenger-train cars without end platforms

O. Steam locomotives used in switching service

P. Specifications common to all steam locomotives

Q. Cars of special construction

R. Definition of "Right" and "Left"

S. Variation in size permitted

T. Tank cars without under frames

U. Unidirectional passenger-train cars adoptable to van-type semi-trailer use

V. Box and other house cars with roofs, 16 feet 10 inches or more above top of rail

W. Track motorcars (self-propelled 4-wheel cars which can be removed from the rails by men)

X. Pushcars

Y. Box and other house cars without roof hatches

Z. Box and other house cars with roof hatches

AA. Road locomotives with corner stairways

AB. Locomotives used in switching service

 

R920-51-21. Part 232 - Railroad Power Brakes and Drawbars.

A. Power brakes; minimum percentage

B. Drawbars; standard height

C. Power brakes and appliances for operating power brake systems

D. Rules for Inspection, Testing and Maintenance of Air Brake Equipment

E. General rules; locomotives

F. Train air brake system tests

G. Initial terminal road train airbrake tests

H. Road train and intermediate terminal train airbrake tests

I. Inbound brake equipment inspection

J. Double heading and helper service

K. Running tests

L. Freight and passenger train car brakes

M. Appendix-Specifications and requirements for power brakes and appliances for operating power-brake systems for freight service

 

R920-51-22. Part 233 - Signal Systems Reporting Requirements.

A. Scope

1. Application

2. Accidents resulting from signal failure

3. Signal failure reports

4. Annual reports

5. Civil penalty

6. Criminal penalty

 

R920-51-23. Part 235 - Instructions Governing Applications for Approval of a Discontinuance or Material Modification for a Signal System.

A. Scope

1. Discontinuance or modification requiring filing of application

2. Discontinuance or modification not requiring filing of application

3. Form of application

4. Contents of application

5. Additional required information-prints

6. Filing procedure

7. Notice

8. Protests

 

R920-51-24. Part 236 - Installation, Specification, Maintenance, and Repair of Systems, Devices and Appliances.

A. Applicability of this part, relief and instructions governing applications for relief

B. Subpart A - Rules and Instructions: All Systems

C. Subpart B - Automatic Block Signal System

D. Subpart C - Interlocking

E. Subpart D - Traffic Control Systems

F. Subpart E - Automatic Train Stop, Train Control and Cab Signal Systems

G. Subpart F - Dragging Equipment and Slide Detectors and Other Similar Protective Devices

H. Subpart G - Definitions

 

KEY: railroads, safety regulation

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: August 1, 2012

Authorizing, and Implemented or Interpreted Law: 72 - 1 - 201; 54 - 4 - 14]