Notice2023-21855
Positive Train Control Regulations About Emergency Rerouting
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
October 3, 2023
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
The purpose of this notice is to inform the public about FRA's regulations permitting railroads to temporarily reroute a train equipped with a positive train control (PTC) system onto a track not equipped with a PTC system, in the event an emergency prevents usage of the regularly used track. This notice contains information about the process a railroad must follow to notify FRA and/or obtain FRA's approval, depending on the duration of the rerouting.
Full Text
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<title>Federal Register, Volume 88 Issue 190 (Tuesday, October 3, 2023)</title>
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[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68274-68275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21855]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Positive Train Control Regulations About Emergency Rerouting
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 permitting railroads to temporarily reroute a train
equipped with a positive train control (PTC) system onto a track not
equipped with a PTC system, in the event an emergency prevents usage of
the regularly used track. This notice contains information about the
process a railroad must follow to notify FRA and/or obtain FRA's
approval, depending on the duration of the rerouting.
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#93d4f2f1f6bdddf6f2ffd3f7fce7bdf4fce5"><span class="__cf_email__" data-cfemail="f5b2949790dbbb909499b5919a81db929a83">[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#015275647169606f68642f406f656473726e6f41656e752f666e77"><span class="__cf_email__" data-cfemail="015275647169606f68642f406f656473726e6f41656e752f666e77">[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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FRA's PTC regulations recognize, however, that certain
emergencies--including events such as a derailment, flood, fire,
tornado, hurricane, earthquake, or other similar circumstance outside
of the railroad's control--may occur and prevent usage of the regularly
used track. Specifically, 49 CFR 236.1005(g)(1) enables railroads to
temporarily reroute PTC-equipped trains onto track not equipped with a
PTC system, in the event an emergency prevents usage of the regularly
used track.
Pursuant to 49 CFR 236.1005(g)(1)(ii) and 236.1005(i), a railroad
must provide written or telephonic notification to FRA of the following
information within one business day of the beginning of the emergency
rerouting:
(1) The dates that such temporary rerouting will occur;
(2) The number and types of trains that will be rerouted;
[[Page 68275]]
(3) The location of the affected tracks; and
(4) A description of the necessity for the temporary rerouting.
FRA's PTC regulations specify that a railroad may reroute traffic only
until the emergency condition ceases to exist and for no more than 14
consecutive calendar days, unless otherwise extended by approval from
FRA's Associate Administrator for Railroad Safety (Associate
Administrator).
In 2023, multiple railroads have requested FRA's approval to
continue the emergency rerouting beyond 14 consecutive calendar days.
FRA reminds railroads to submit their extension requests as soon as
possible, well before the initial 14-day period of emergency rerouting
lapses, to ensure FRA has sufficient time to evaluate the railroad's
request and issue its decision to the railroad.
During all phases of emergency rerouting, including during the
initial 14 consecutive calendar days and beyond, a railroad must comply
with the rerouting conditions under 49 CFR 236.1005(j), as Sec.
236.1005(g)(1)(iii) requires. For example, Sec. 236.1005(j) specifies
that an unequipped train must be ``operated in accordance with Sec.
236.1029'' (including the applicable speed restrictions) if the train
is rerouted to a PTC-equipped track. If any train is rerouted to a
track not equipped with a PTC system, the train must be ``operated in
accordance with the operating rules applicable to the line on which the
train is rerouted.'' 49 CFR 236.1005(j).
FRA remains available to provide technical assistance to railroads
about the emergency rerouting provisions in FRA's regulations, at 49
CFR 236.1005(g)(1), (i), and (j) and summarized above. FRA appreciates
railroads' commitment to operating their FRA-certified, interoperable
PTC systems on PTC-mandated main lines, as generally required by law,
outside the special, limited circumstances outlined in FRA's
regulations.
Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-21855 Filed 10-2-23; 8:45 am]
BILLING CODE 4910-06-P
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</html>Indexed from Federal Register on October 3, 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.