Notice2023-08839
Regulations Governing Certain Positive Train Control System Outages
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 27, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
The purpose of this notice is to inform the public about FRA's regulations that currently govern certain outages of positive train control (PTC) systems during, for example, infrastructure upgrades and capital projects. This notice also contains information about the process a railroad must follow to obtain FRA's approval before temporarily disabling its PTC system for such purposes.
Full Text
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<title>Federal Register, Volume 88 Issue 81 (Thursday, April 27, 2023)</title>
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[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25726-25727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08839]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Regulations Governing Certain Positive Train Control System
Outages
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice.
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SUMMARY: The purpose of this notice is to inform the public about FRA's
regulations that currently govern certain outages of positive train
control (PTC) systems during, for example, infrastructure upgrades and
capital projects. This notice also contains information about the
process a railroad must follow to obtain FRA's approval before
temporarily disabling its PTC system for such purposes.
FOR FURTHER INFORMATION CONTACT: For technical questions, please
contact Gabe Neal, Staff Director, Signal, Train Control, and Crossings
Division, telephone: 816-516-7168, email: <a href="/cdn-cgi/l/email-protection#97d0f6f5f2b9d9f2f6fbd7f3f8e3b9f0f8e1"><span class="__cf_email__" data-cfemail="b7f0d6d5d299f9d2d6dbf7d3d8c399d0d8c1">[email protected]</span></a>. For legal
questions, please contact Stephanie Anderson, Attorney Adviser,
telephone: 202-834-0609, email: <a href="/cdn-cgi/l/email-protection#46153223362e27282f236807282223343529280622293268212930"><span class="__cf_email__" data-cfemail="6c3f18091c040d020509422d0208091e1f03022c080318420b031a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: By law, PTC systems must govern operations
on PTC-mandated main lines, which currently encompass approximately
58,000 route miles, and include Class I railroads' main lines over
which poison- or toxic-by-inhalation hazardous materials are
transported and any railroads' main lines over which intercity or
commuter rail passenger transportation is regularly provided.\1\
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\1\ Title 49 United States Code (U.S.C.) 20157; Title 49 Code of
Federal Regulations (CFR) 236.1005(b), 236.1006(a). This requirement
does not apply, however, to a railroad's controlling locomotives
that are subject to either a temporary or permanent exception under
49 U.S.C. 20157(j)-(k) or 49 CFR 236.1006(b).
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Previously, FRA's regulations permitted railroads to temporarily
disable PTC systems where necessary to perform PTC system repair or
maintenance.\2\ That temporary flexibility expired, by regulation, on
December 31, 2022.\3\ Under that temporary provision, railroads were
required only to notify to FRA; seeking FRA's approval was not
necessary.
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\2\ 49 CFR 236.1029(g)(3).
\3\ Id.
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FRA appreciates that several types of PTC systems can be upgraded
seamlessly, without necessitating an interruption of PTC system
service. FRA also recognizes, however, that in limited cases, even
those types of PTC systems might experience temporary outages for a
short period during certain infrastructure upgrades.\4\ In addition,
FRA understands that the design of certain PTC systems, including the
Advanced Civil Speed Enforcement System II on the Northeast Corridor,
may require more extended periods of outages to facilitate ongoing
capital projects. FRA expects that, in such a case, a railroad would
schedule the temporary disabling of its PTC system for the time posing
the least risk to railroad safety and for the minimum time necessary to
complete the capital project and recommission its PTC system.\5\
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\4\ For example, FRA is aware of multiple railroads' electrical
infrastructure upgrade projects that involved disabling the PTC
system for a maximum period of four hours.
\5\ See 49 CFR 236.1029(g)(3)(ii), 236.1033(f).
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As noted above, 49 CFR 236.1029(g)(3) previously permitted
railroads to temporarily disable their PTC systems, with just
notification to FRA; however, that provision expired on December 31,
2022, and is therefore no longer available for railroads to utilize.
Now, if a railroad needs to disable its PTC system temporarily for
maintenance or upgrade purposes, a railroad must obtain FRA's approval
under 49 CFR 236.1021, Discontinuances, material modifications, and
amendments, before temporarily disabling its PTC system or
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initiating a PTC system service outage. To obtain FRA's approval in
this context, a railroad must submit a request to amend its FRA-
certified PTC system pursuant to 49 CFR 236.1021(m), which outlines the
process, content requirements, and FRA decision deadline (i.e., 45
days) for this specific type of request for amendment (RFA).
Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment, if
an RFA includes a request for approval of a material modification or
discontinuance of a PTC system. During FRA's review of a railroad's
RFA, FRA will consider any comments or data submitted within the
timeline specified in the notice and to the extent practicable, without
delaying implementation of valuable or necessary safety and functional
modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR
236.1011(e).
In addition, 49 CFR 236.1021(f) specifies that FRA will review the
RFA, including the proposed temporary outage, and determine whether
granting the request is ``in the public interest and consistent with
railroad safety, taking into consideration all changes in the method of
operation and system functionalities, both within normal PTC system
availability and in the case of a system failed state (unavailable).''
If FRA approves the railroad's request to amend its FRA-certified PTC
system, involving a limited outage period, FRA may attach conditions to
that approval, which may include, for example, the following types of
conditions, among other reporting requirements:
(1) The host railroad and its applicable tenant railroads must
comply with the operating rules specified in the host railroad's FRA-
approved PTCSP that would otherwise apply when a PTC system is
temporarily disabled;
(2) The host railroad shall make reasonable efforts to schedule the
temporary disabling of its PTC system for times posing the least risk
to railroad safety;
(3) The host railroad shall notify FRA (via
<a href="/cdn-cgi/l/email-protection#247470670a674b56564157544b4a40414a474164404b500a434b52"><span class="__cf_email__" data-cfemail="4e1e1a0d600d213c3c2b3d3e21202a2b202d2b0e2a213a60292138">[email protected]</span></a>) and each applicable tenant railroad at
least 7 days before the host railroad temporarily disables its PTC
system. In its notification, the host railroad must include the exact
date and period of time during which the PTC system will be disabled,
and explain how that date and period of time pose the least risk to
railroad safety;
(4) The host railroad shall notify all applicable train crews,
including tenant railroads' train crews, about the PTC system outage,
including in accordance with the host railroad's operating rules and
practices, which may require, for example, such information to be
provided via track bulletins, dispatcher bulletins, or special
instructions;
(5) The host railroad shall place its PTC system back into service
without undue delay, and the PTC system may not be disabled longer than
the approved timeframe; and
(6) During the period in which the PTC system is temporarily
disabled, the host railroad and its tenant railroads must comply with
the operating restrictions under 49 CFR 236.1029(b), including the
applicable speed limitations.
Please be advised that this notice focuses on outages resulting
from infrastructure upgrades or capital projects and does not address
all types of PTC system outages. Other provisions in FRA's PTC
regulations may instead apply and govern, depending on the exact
circumstances. For example, please see 49 CFR 236.1005(g) through (k)
for the requirements and procedures associated with temporary rerouting
for emergencies or planned maintenance. In addition, please see 49 CFR
236.1029(b), which outlines the requirements that apply when a
railroad's PTC system experiences an en route failure, including a cut
out or malfunction.
FRA remains available to provide technical assistance to railroads
and other stakeholders and to advise about any railroad-specific
scenarios that may arise. FRA appreciates railroads' commitment to
operating their FRA-certified, interoperable PTC systems on PTC-
mandated main lines, as generally required by law, outside these
special, limited circumstances.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2023-08839 Filed 4-26-23; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on April 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.