[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64131-64132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://www.regulations.gov 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 https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments 
received will be posted without change to https://www.regulations.gov; 
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, 
Train Control, and Crossings Division, telephone: 816-516-7168, email: 
[email protected].

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 https://www.regulations.gov, as described in the system of 
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. 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]
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