Notice2025-19783
Southeastern Pennsylvania Transportation Authority Passenger Trains; Notice of Partial Relief From Emergency Order No. 34
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Published
November 5, 2025
Issuing agencies
Transportation DepartmentFederal Railroad Administration
Abstract
This notice provides the Southeastern Pennsylvania Transportation Authority (SEPTA) with partial relief from the 30-day timeline to complete two of 14 conditions imposed by Emergency Order No. 34 (Order). The partial relief gives SEPTA until November 14, 2025 to complete Condition No. 8 and until December 5, 2025 to complete Condition No. 9. This notice also establishes three additional conditions that SEPTA must meet to continue safe operations of its passenger trains and, specifically, its Silverliner IV electric multiple-unit locomotives (Silverliner IV EMU). All other findings, conditions, and requirements of the Order remain in effect and unmodified by this notice.
Full Text
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<title>Federal Register, Volume 90 Issue 212 (Wednesday, November 5, 2025)</title>
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[Federal Register Volume 90, Number 212 (Wednesday, November 5, 2025)]
[Notices]
[Pages 49262-49264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19783]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Emergency Order No. 34, Notice No. 2; Docket No. FRA-2025-0885]
Southeastern Pennsylvania Transportation Authority Passenger
Trains; Notice of Partial Relief From Emergency Order No. 34
AGENCY: Federal Railroad Administration, Department of Transportation.
ACTION: Notice of partial relief.
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SUMMARY: This notice provides the Southeastern Pennsylvania
Transportation Authority (SEPTA) with partial relief from the 30-day
timeline to complete two of 14 conditions imposed by Emergency Order
No. 34 (Order). The partial relief gives SEPTA until November 14, 2025
to complete Condition No. 8 and until December 5, 2025 to complete
Condition No. 9. This notice also establishes three additional
conditions that SEPTA must meet to continue safe operations of its
passenger trains and, specifically, its Silverliner IV electric
multiple-unit locomotives (Silverliner IV EMU). All other findings,
conditions, and requirements of the Order remain in effect and
unmodified by this notice.
FOR FURTHER INFORMATION CONTACT: Gary Fairbanks, Staff Director, Motive
Power & Equipment Division, FRA, telephone: (202) 230-9594, email:
<a href="/cdn-cgi/l/email-protection#7a1d1b0803541c1b1308181b1411093a1e150e541d150c"><span class="__cf_email__" data-cfemail="d5b2b4a7acfbb3b4bca7b7b4bbbea695b1baa1fbb2baa3">[email protected]</span></a>; or Elliott Gillooly, Attorney Adviser, Office
of the Chief Counsel, at (202) 897-8666, email:
<a href="/cdn-cgi/l/email-protection#4d28212124223939632a242121222221340d292239632a223b"><span class="__cf_email__" data-cfemail="345158585d5b40401a535d58585b5b584d74505b401a535b42">[email protected]</span></a>; or Michael Masci, Attorney Adviser, Office of
the Chief Counsel, telephone: (202) 302-7177, email:
<a href="/cdn-cgi/l/email-protection#cda0a4aea5aca8a1e3a0acbeaea48da9a2b9e3aaa2bb"><span class="__cf_email__" data-cfemail="fa979399929b9f96d4979b899993ba9e958ed49d958c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority
Authority to enforce Federal railroad safety laws has been
delegated by the U.S. Secretary of Transportation (Secretary) to the
Administrator of FRA. 49 U.S.C. 103; 49 CFR 1.89(e). Railroads are
subject to FRA's safety jurisdiction under the Federal railroad safety
laws. 49 U.S.C. 20101, 20103. FRA is authorized to issue emergency
orders where ``an unsafe condition or practice, or a combination of
unsafe conditions and practices, causes an emergency situation
involving a hazard of death, personal injury, or significant harm to
the environment.'' 49 U.S.C. 20104. Emergency orders may immediately
impose ``restrictions and prohibitions . . . that may be necessary to
abate the situation.'' Id.
Background
Silverliner IV EMUs and Passenger Train Safety Requirements
SEPTA operates approximately 225 Silverliner IV EMUs, which SEPTA
acquired from General Electric between 1974 and 1976. EMUs are both
locomotives and passenger cars, self-propelled by electric motors and
also designed to be occupied by passengers. Accordingly, EMUs are
subject to the requirements of the Locomotive Inspection Act (49 U.S.C.
ch. 207), FRA's Locomotive Safety Standards (49 CFR part 229), and
FRA's Passenger Equipment Safety Standards (49 CFR part 238). EMUs may
operate individually but typically operate semi-permanently coupled
together as a pair or triplet from a control cab. During peak commuting
hours, multiple pairs or triplets of EMUs, or a combination of both,
are typically operated together as a single passenger train, without a
conventional locomotive as a primary means of motive power.
As detailed further in the Order, in 2025, there have been five
instances of Silverliner IV EMUs in commuter service on SEPTA's system
catching fire or otherwise experiencing an emergency situation from a
thermal event such as an electrical component overheating and
associated smoke.\1\ Despite SEPTA's remedial actions, the recurrence
of serious fires and other thermal events on Silverliner IV EMUs, as
well as the gravity of the hazards presented, including cars destroyed
by fire, passenger evacuations, and injuries to a crewmember and a
firefighter this year, poses an imminent threat to safety, including
the threat of serious harm to SEPTA's passengers, SEPTA's trains crews
and other personnel, and emergency responders. FRA concluded that
SEPTA's maintenance and operation of its passenger rail equipment
required additional oversight and corrective action.
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\1\ Emergency Order Establishing Additional Requirements for
Ensuring the Safe Operation of Southeastern Pennsylvania
Transportation Authority Passenger Trains. 90 FR 48120 (Oct. 6,
2025).
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FRA therefore determined that public safety compelled the issuance
of the Order consistent with FRA's authority under 49 U.S.C. 20104 and
Federal railroad safety requirements. The Order required SEPTA to
immediately provide each train crew with procedures specifying actions
the crew shall take to identify and report any equipment defect or
failure on a train the crew is operating in service (including, but not
limited to, a propulsion system/traction motor fault indication light)
and to remove any car from service in case of doubt after consultation
with the mechanical department. The Order also detailed the following
conditions SEPTA must meet to seek full relief from the Order.
No later than seven calendar (7) days after the date of the Order,
unless otherwise specified, SEPTA must:
1. Develop a plan to determine the direct and contributing causes
of each fire or thermal incident that has occurred in 2025 and identify
the root causes, circumstances, personnel, funding, or other conditions
that have caused the fires and thermal incidents to occur in this
period. SEPTA shall implement this plan and provide FRA with a written
report of its findings no later than October 30, 2025.
2. Prepare and submit to FRA for approval an emergency mechanical
inspection schedule of each Silverliner IV EMU. The schedule shall
require that each Silverliner IV EMU in SEPTA's fleet be removed from
service to complete a comprehensive inspection including, but not
limited to, high-voltage control systems, propulsion system, and
dynamic brake system, HVAC system, components and elements of safety
and warning systems, high- and low-voltage cables, harnesses and
connectors, and the condition of terminals and lugs, as well as any
associated peripheral systems. The schedule shall prioritize cars into
a number of groups and remove the first group from service no later
than the date the emergency mechanical inspection schedule is submitted
to FRA. The scheduled inspections shall be
[[Page 49263]]
completed within 30 calendar days of the date of this Order.
3. Review its inspection, testing, and maintenance (ITM) plan
required under Sec. 238.107 and submit the plan to FRA with proposed
amendments sufficient to ensure that mechanical failures of the type
leading to fires or thermal incidents will be detected and repaired.
4. Update, as needed, SEPTA Supplemental Division Notice Number 7-
20C and any other relevant operating rule to implement the requirements
of this Order.
5. Require by issuance of a written notice to train crews that
every engineer report any sluggish or poor performance of braking or
acceleration or any anomalous vehicle behavior to the dispatcher within
5 minutes of the event.
6. Complete a stand-down and debriefing with every mechanical
employee involved with the inspection, troubleshooting, maintenance, or
repair of Silverliner IV EMUs to include review of all fire and thermal
incidents, the known direct and indirect causes, and to solicit
feedback from the employees to identify improvements that SEPTA can
make in its maintenance programs and practices.
7. Conduct random quality audits of the performance of the
mechanical department's completion of repair and maintenance work
items. Audits must occur every day and cover more than one shift each
day.
In addition, within 30 days of the Order, SEPTA must:
8. Complete all actions under the emergency mechanical inspection
schedule that has been approved by FRA, including inspection of all
Silverliner IV EMUs for precursor conditions that increase the
likelihood of a fire or thermal incident.
9. Install thermal protection circuits at all critical locations on
every Silverliner IV EMU to shut down propulsion and auxiliary circuits
if higher than normal operating temperatures are detected.
10. Document all inspections and repairs made to the Silverliner IV
EMU fleet and present a graphical depiction of significant defects
identified to the employees performing the work to clearly show to the
employees leading and trailing indicators.
11. Review all technical documents such as repair procedures, part
lists, bills of materials, maintenance and modification instructions,
tooling, and inventory requirements, and revise as needed to ensure all
are up to date.
12. Ensure that the mechanical department reviews and updates
employee training requirements and proficiency tests to address any
deficiency identified in the implementation of this Order.
13. Complete, or cause to be completed, a comprehensive update of
all root cause analyses begun in response to fire or thermal incidents
and develop a corrective action plan to prevent their recurrence and
implement continuous monitoring of mechanical systems performance.
14. Comply with all requirements of the revised ITM plan submitted
to and approved by FRA.
On October 27, 2025,\2\ with supplemental information provided on
October 28, 2025,\3\ in accordance with the terms of the Order, SEPTA
formally requested that FRA grant it partial relief from the following
two conditions:
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\2\ Available at <a href="http://www.regulations.gov">www.regulations.gov</a> under Docket No. FRA-2025-
0885.
\3\ Id.
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Condition No. 8: Complete all actions under the emergency
mechanical inspection schedule that has been approved by FRA, including
inspection of all Silverliner IV EMUs for precursor conditions that
increase the likelihood of a fire or thermal incident.
Condition No. 9: Install thermal protection circuits at all
critical locations on every Silverliner IV EMU to shut down propulsion
and auxiliary circuits if higher than normal operating temperatures are
detected.
Specifically, SEPTA requested until November 14, 2025, to complete
Condition No. 8 and until December 15, 2025, to complete Condition No.
9. SEPTA also provided FRA with a status update for all 14 Conditions,
showing that all other conditions will be completed by November 1,
2025, consistent with the Order.
In support of its request for partial relief, SEPTA explained that
its mechanical crews are working diligently on the inspections but that
the time-consuming nature and complexity of work requires additional
time per car. SEPTA included its Emergency Inspection Procedures for
the Silverliner IV EMUs and a schedule for the remaining inspections
showing, on a car-by-car basis, how it intends to complete the work by
November 14, 2025. Following SEPTA's completion of the other conditions
resulting in the improved safety protocols for the operation of the
Silverliner IV EMUs, FRA finds the short, requested extension for the
completion of Condition No. 8, following SEPTA's schedule, is
appropriate.
In requesting the extension of Condition No. 9, SEPTA explained
that it has located and procured the thermal wiring necessary to
complete the work, but FRA understands there was a delay in the
procurement preventing SEPTA from beginning the installation until mid-
October. SEPTA also explained that training personnel to install and
inspect the new circuits is requiring additional time. FRA understands
the need to properly train personnel and competently install the
thermal circuits and is therefore willing to provide an extension for
the completion of Condition No. 9. However, FRA will not approve the
full extension requested by SEPTA. Instead, FRA will approve an
extension to December 5, 2025. SEPTA may seek further relief,
consistent with the requirements of the Order, if it is unable to
finish by December 5. However, FRA strongly encourages SEPTA to take
all steps necessary to complete Condition No. 9 within the new deadline
provided.
In considering SEPTA's request for partial relief, FRA evaluated
whether additional conditions would be appropriate and consistent with
the need to protect against the imminent threat to safety. FRA finds
that the extension for Condition No. 8 and No. 9 should be accompanied
by a comprehensive safety review provided for SEPTA's mechanical
employees and train crews to ensure they have the most up-to-date
information on the thermal incidents that occurred, the corrective
actions SEPTA has implemented to date, and are reminded of the
requirements of the Order. Accordingly, FRA has concluded that SEPTA
must provide every mechanical employee and train crew a comprehensive
safety review at the start of their first shift beginning on November
2, 2025.
FRA has reviewed the plan and resulting findings SEPTA has
developed in response to Condition No. 1 of the Emergency Order. FRA
recognizes that as equipment inspections continue, additional
information will likely be identified and developed about the potential
causes of the fires and thermal incidents. Accordingly, FRA is
requiring SEPTA to update that plan and the associated root cause
analyses, as well as all relevant notices, processes, and procedures,
to ensure those notices, processes, and procedures reflect best safety
practices learned through the inspection process. The new condition
will also require any updates to be communicated to SEPTA's mechanical
employees and train crews through additional comprehensive safety
reviews, as necessary.
Relief
In light of the foregoing, I grant SEPTA the following partial
relief from the Order.
[[Page 49264]]
<bullet> SEPTA must complete the actions required by Condition No.
8 and document and certify completion of those actions no later than
November 14, 2025.
<bullet> SEPTA must complete the actions required by Condition No.
9 and document and certify completion of those actions no later than
December 5, 2025.
It is ordered that SEPTA take the following actions.
15. At the start of each train crew's first shift beginning on
November 2, 2025, conduct a comprehensive safety review of issues
related to the Order and associated mitigating measures put into place
in response to the Order. This comprehensive safety review must be
completed with each member of any crew called to operate a Silverliner
IV EMU and the review must include, at a minimum: (1) the safety
failures leading to FRA's imposition of the Order; (2) the requirements
of the Order; and (3) the procedures train crews must follow to
identify and report any equipment defect or failure on a train the crew
operates. SEPTA shall retain records of each review conducted
including, at a minimum, the content of the review and attendance.
These records shall be made available to FRA upon request.
16. At the start of each mechanical employee's first shift
beginning on November 2, 2025, conduct a comprehensive safety review
of: (1) the mechanical issues that led to FRA's imposition of the
Order; (2) the requirements of the Order; (3) the inspection and test
procedures developed in response to the Order; and (4) any significant
findings from the root cause analysis completed under the Order and any
other relevant ``lessons learned'' from inspections, repairs, or
installations of thermal protection circuits completed to date. SEPTA
shall retain records of each review conducted including, at a minimum,
the content of the review and attendance. These records shall be made
available to FRA upon request.
17. Until all Silverliner IV EMUs subject to this Order have been
properly inspected, repaired, and equipped with the thermal protection
circuits as required by the Order, SEPTA must, on at least a weekly
basis, review and analyze the findings of those inspections and update
the plan developed in response to Condition No. 1 and all relevant
notices, processes, and procedures, to ensure the plan and those
notices, processes, and procedures reflect best safety practices
learned through the inspection process and root cause analysis. All
updates or revisions must be communicated to mechanical employees and
train crews though additional comprehensive safety reviews, as
necessary.
The issuance of this Notice No. 2 does not preclude FRA from
issuing future notices under the Order, or another emergency order
governing SEPTA's operations, or from taking any other actions
permitted by the Order or otherwise allowed by law. All other
conditions of the Order remain unmodified and in effect, including
FRA's authority to remove Silverliner IV EMUs from service.
Issued in Washington, DC, on October 31, 2025.
David A. Fink,
Administrator.
[FR Doc. 2025-19783 Filed 11-4-25; 8:45 am]
BILLING CODE 4910-06-P
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