Notice2022-11633
Port Authority Trans-Hudson's Request To Operate Its Positive Train Control System With Procedural Mitigations
Primary source
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Published
May 31, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This document provides the public with notice that, on May 23, 2022, Port Authority Trans-Hudson (PATH) submitted a request to temporarily operate its conditionally FRA-certified Communications Based Train Control (CBTC) positive train control (PTC) system with a procedural mitigation to address a recently discovered software error. As this request involves the failure of a conditionally certified PTC system to perform its intended function, FRA is publishing this notice to advise the public that: PATH has determined the cause of the failure to be a software error; PATH is in the process of repairing the error without undue delay, as FRA's regulations require; and PATH has proposed a procedural mitigation in the interim to ensure that the software error will not cause a further failure of PATH's PTC system. Based on FRA's review of all pertinent information, FRA has approved PATH to temporarily operate its conditionally certified PTC system with a procedural mitigation.
Full Text
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32494-32495]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11633]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2010-0034]
Port Authority Trans-Hudson's Request To Operate Its Positive
Train Control System With Procedural Mitigations
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of availability.
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SUMMARY: This document provides the public with notice that, on May 23,
2022, Port Authority Trans-Hudson (PATH) submitted a request to
temporarily operate its conditionally FRA-certified Communications
Based Train Control (CBTC) positive train control (PTC) system with a
procedural mitigation to address a recently discovered software error.
As this request involves the failure of a conditionally certified PTC
system to perform its intended function, FRA is publishing this notice
to advise the public that: PATH has determined the cause of the failure
to be a software error; PATH is in the process of repairing the error
without undue delay, as FRA's regulations require; and PATH has
proposed a procedural mitigation in the interim to ensure that the
software error will not cause a further failure of PATH's PTC system.
Based on FRA's review of all pertinent information, FRA has approved
PATH to temporarily operate its conditionally certified PTC system with
a procedural mitigation.
DATES: FRA may consider comments to the extent practicable and without
delaying implementation of valuable or necessary modifications to a PTC
system.
ADDRESSES:
Comments: Comments may be submitted by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and following the online instructions for
submitting comments.
Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0034. For convenience, all active PTC
dockets are hyperlinked on FRA's website at <a href="https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports">https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports</a>. All comments
received will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>;
this includes any personal information.
FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone: 816-516-7168, email:
<a href="/cdn-cgi/l/email-protection#60270102054e2e05010c20040f144e070f16"><span class="__cf_email__" data-cfemail="8fc8eeedeaa1c1eaeee3cfebe0fba1e8e0f9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) 20157(h) requires FRA to certify that a host railroad's PTC
system complies with Title 49 Code of Federal Regulations (CFR) part
236, subpart I, before the technology may be operated in revenue
service. Under 49 CFR 236.1023(j) and 236.1029(a), when any safety-
critical PTC system, subsystem, or component fails to perform its
intended function, the cause must be determined and the faulty product
adjusted, repaired, or replaced without undue delay. Until corrective
action is completed, a railroad shall take appropriate action as
specified in its PTC Safety Plan (PTCSP).
FRA conditionally certified PATH's CBTC PTC system on November 27,
2018. Since that time, to FRA's knowledge, PATH's PTC system has
operated reliably performing its intended functions, except in May
2022. Recently, PATH experienced two safety incidents on May 12 and May
17, 2022, with its PTC system. In response to
[[Page 32495]]
these safety incidents and until the cause of the incidents was
determined, PATH operated its PTC system in manual mode. Through
investigation, testing, and replication of the events that led to the
safety incidents, PATH determined on May 23, 2022, the cause to be a
software error. PATH subsequently developed a procedural mitigation to
prevent the unique series of events that resulted in the safety
incident. PATH is in parallel rectifying the software error.
PATH requested to operate its PTC system in manned automatic train
control mode, with a procedural mitigation to prohibit the unique
series of events that resulted in the safety incident, which FRA
approved temporarily. As noted above, FRA's PTC regulations require
PATH to repair the software error without undue delay. See 49 CFR
236.1023(j), 236.1029(a).
FRA will publish a further notice, including an opportunity for
comment, when PATH submits a request for amendment (RFA) to its PTCSP
that will include the update to PATH's PTC system rectifying the
software error, in accordance with 49 CFR 236.1021. As background,
before making certain changes to an FRA-certified PTC system or the
associated FRA-approved PTCSP, a host railroad must submit, and obtain
FRA's approval of, an RFA to its PTCSP. Under 49 CFR 236.1021(e), FRA's
regulations provide that FRA will publish a notice in the Federal
Register and invite public comment in accordance with 49 CFR part 211,
if an RFA includes a request for approval of a material modification of
a signal and train control system.
Privacy Act Notice
In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at <a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. See <a href="https://www.regulations.gov/privacy-notice">https://www.regulations.gov/privacy-notice</a> for the privacy notice of <a href="http://regulations.gov">regulations.gov</a>. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.
Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2022-11633 Filed 5-27-22; 8:45 am]
BILLING CODE 4910-06-P
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