Notice2022-22877
BNSF Railway Company's Request To Amend Its Positive Train Control Safety Plan and Positive Train Control System
Primary source
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Published
October 21, 2022
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This document provides the public with notice that, on October 5, 2022, BNSF Railway Company (BNSF) submitted an updated request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP). As this RFA may involve a request for FRA's approval of proposed material modifications to an FRA-certified positive train control (PTC) system, FRA is publishing this notice and inviting public comment on the railroad's RFA to its PTCSP.
Full Text
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<title>Federal Register, Volume 87 Issue 203 (Friday, October 21, 2022)</title>
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[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64131-64132]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22877]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA-2010-0056]
BNSF Railway Company's Request To Amend Its Positive Train
Control Safety Plan and Positive Train Control System
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of availability and request for comments.
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SUMMARY: This document provides the public with notice that, on October
5, 2022, BNSF Railway Company (BNSF) submitted an updated request for
amendment (RFA) to its FRA-approved Positive Train Control Safety Plan
(PTCSP). As this RFA may involve a request for FRA's approval of
proposed material modifications to an FRA-certified positive train
control (PTC) system, FRA is publishing this notice and inviting public
comment on the railroad's RFA to its PTCSP.
DATES: FRA will consider comments received by November 10, 2022. FRA
may consider comments received after that date 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-2010-0056. 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#eea98f8c8bc0a08b8f82ae8a819ac0898198"><span class="__cf_email__" data-cfemail="60270102054e2e05010c20040f144e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 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. 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.
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. Accordingly, this notice informs the public that, on October 5,
2022, BNSF submitted an updated RFA to its PTCSP for its Interoperable
Electronic Train Management System (I-ETMS) and that updated RFA is
available in Docket No. FRA-2010-0056. BNSF initially submitted the RFA
to its PTCSP on September 2, 2022, and subsequently submitted an
updated version of its RFA and PTCSP on October 5, 2022, in response to
FRA's feedback, which noted the need to satisfy the RFA content
requirements under 49 CFR 236.1021(m).
In summary, BNSF's RFA proposes two modifications to its PTCSP.
First, BNSF proposes to incorporate into its PTCSP information about
its use of its Integrated Locomotive Computer as a speed source, which
FRA already approved in a previous joint RFA on September 1, 2021.
[[Page 64132]]
Second, pursuant to the authority at 49 CFR 236.1006(b)(5)(vii),
BNSF is proposing to utilize certain alternative procedures instead of
the default procedures under Sec. 236.1006(b)(5), which permits the
operation of a locomotive or train without an onboard PTC apparatus in
certain circumstances. Under 49 CFR 236.1006(b)(5)(vii), FRA's
regulations permit a railroad to propose such alternative procedures in
its RFA and/or PTCSP. For example, as detailed in BNSF's updated RFA
and PTCSP, BNSF is seeking to replace the default procedures under
Sec. 236.1006(b)(5)(i) and (ii). Specifically, BNSF proposes to use
the exception under Sec. 236.1006(b)(5) to perform short freight
movements, within a single control point (measured by one home signal
to the opposing home signal) at restricted speed, where no other trains
may enter the control point during the excepted movement. In its RFA,
BNSF further discusses the existing exception requirements and
alternative procedures it will comply with when performing excepted
movements under 49 CFR 236.1006(b)(5).
Interested parties are invited to comment on BNSF's RFA to its
PTCSP by submitting written comments or data. During FRA's review of
this railroad's RFA, FRA will consider any comments or data submitted
within the timeline specified in this notice and to the extent
practicable, without delaying implementation of valuable or necessary
modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR
236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to
approve, approve with conditions, or deny a railroad's RFA to its PTCSP
at FRA's sole discretion.
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. 2022-22877 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-06-P
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