[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25726-25727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected]. For legal 
questions, please contact Stephanie Anderson, Attorney Adviser, 
telephone: 202-834-0609, email: [email protected].

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

[[Page 25727]]

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 
[email protected]) 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