[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Notices]
[Pages 77580-77581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21654]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Quarterly Reports of Positive Train Control System Performance

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 that FRA 
has determined it is in the public interest for railroads to continue 
submitting reports of their positive train control (PTC) systems' 
performance to FRA on a quarterly basis as the Infrastructure 
Investment and Jobs Act currently requires, and as the Office of 
Management and Budget (OMB) has approved through March 31, 2027.

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

SUPPLEMENTARY INFORMATION: On November 15, 2021, President Joseph R. 
Biden signed into law the Infrastructure Investment and Jobs Act, which 
included the Passenger Rail Expansion and Rail Safety Act of 2021.\1\ 
Section 22414 of the Passenger Rail Expansion and Rail Safety Act of 
2021 requires PTC-mandated host railroads \2\ and other railroads 
subject to FRA's PTC regulations \3\ to submit Reports of PTC System 
Performance on Form FRA F 6180.152 \4\ to FRA on a quarterly basis, 
instead of biannually as otherwise required by FRA's regulations at 49 
CFR 236.1029(h).\5\
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    \1\ Infrastructure Investment and Jobs Act, Public Law 117-58, 
135 Stat. 429 (Nov. 15, 2021).
    \2\ I.e., host railroads subject to Title 49 United States Code 
(U.S.C.) 20157.
    \3\ Title 49 Code of Federal Regulations (CFR) part 236, subpart 
I.
    \4\ OMB Control No. 2130-0553. The Quarterly Report of PTC 
System Performance (Form FRA F 6180.152) is available in FRA's 
eLibrary at https://railroads.dot.gov/elibrary/quarterly-report-ptc-system-performance-form-fra-f-6180152.
    \5\ 49 U.S.C. 20157(m).
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    Section 22414 of the Passenger Rail Expansion and Rail Safety Act 
of 2021 requires FRA, by November 15, 2024, to reduce the frequency 
with which host railroads must submit Reports of PTC System Performance 
(Form FRA F 6180.152) to not less frequently than twice per year, 
unless FRA determines that quarterly reporting is in the public 
interest and publishes a justification for such determination in the 
Federal Register. 49 U.S.C. 20157(m)(3)(B); 49 CFR 1.89. FRA has 
determined that it is in the public interest for host railroads to 
continue submitting Reports of PTC System Performance (Form FRA F 
6180.152) to FRA on a quarterly basis, rather than reverting to a 
lesser or biannual frequency, and the purpose of this notice is to 
provide the necessary justification under Section 22414. See 49 U.S.C. 
20157(m)(3)(B).
    As background, 49 U.S.C. 20157(m) and 49 CFR 236.1029(h) require 
each applicable host railroad to submit certain metrics about PTC 
system performance to FRA on behalf of the host railroad itself and 
each of its applicable tenant railroads. The metrics include, for 
example, the number of PTC system initialization failures, cut outs, 
and malfunctions during the reporting period, with subtotals that 
identify whether the source or cause of the initialization failures, 
cut outs, and malfunctions was the onboard subsystem, the wayside 
subsystem, the communications subsystem, the back office subsystem, or 
a non-PTC component.\6\
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    \6\ 49 U.S.C. 20157(m)(2)(A)-(C); 49 CFR 236.1029(h)(1)(i)-
(iii).
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    In addition, railroads' Reports of PTC System Performance (Form FRA 
F 6180.152) must encompass positive performance-related information in 
addition to failure-related information. For example, railroads report 
the number of enforcements by the PTC system in which it is reasonable 
to assume an accident or incident was prevented.\7\ These statistics 
enable FRA to evaluate PTC technology's positive impact on rail safety 
and the extent to

[[Page 77581]]

which PTC systems are meeting their desired objectives.
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    \7\ 49 U.S.C. 20157(m)(2)(E); 49 CFR 236.1029(h)(1)(v).
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    In October 2021, OMB initially approved Form FRA F 6180.152 when it 
was a biannual reporting requirement under FRA's regulations, 49 CFR 
236.1029(h), Biannual Report of PTC System Performance. In October 
2022, OMB approved Form FRA F 6180.152, as modified by 49 U.S.C. 
20157(m), simply to shift to a quarterly frequency as required. Most 
recently, in March 2024, OMB re-approved Form FRA F 6180.152 for a 
three-year period through March 31, 2027, in its current form, the 
Quarterly Report of PTC System Performance.
    FRA has had the benefit of receiving railroads' Reports of PTC 
System Performance (Form FRA F 6180.152) on a quarterly basis for the 
last six quarters. FRA has found that the quarterly frequency has 
improved FRA's ability to oversee the performance and reliability of 
PTC systems effectively. For example, FRA has been able to monitor more 
closely industry-wide and system-by-system trends in PTC system 
reliability, without needing to wait six months for the next set of 
performance-related statistics. FRA also utilizes the data it receives 
in railroads' Quarterly Reports of PTC System Performance to inform and 
perform other necessary oversight, including inspections, targeted 
audits, and program reviews. The quarterly frequency enables FRA to 
direct its resources to areas, including specific PTC-governed track 
segments, that show the potential for a possible unsafe condition or 
where PTC system failures are occurring at a relatively high rate or 
trending upwards. The quarterly frequency enables FRA to intervene more 
promptly than it would be able to with less frequent reporting.
    Also, railroads' Quarterly Reports of PTC System Performance must 
contain a summary of any actions the host railroad and its tenant 
railroads are taking to reduce the frequency and rate of initialization 
failures, cut outs, and malfunctions, such as any actions to correct or 
eliminate systemic issues and specific problems.\8\ Requiring railroads 
to provide this data to FRA on a quarterly basis, rather than a 
biannual basis, helps ensure that both host railroads and tenant 
railroads are regularly taking actions to improve the performance of 
their PTC systems and enables FRA to monitor and track railroads' 
corrective actions regularly throughout the year.
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    \8\ 49 U.S.C. 20157(m)(2)(H); 49 CFR 236.1029(h)(2).
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    As noted above, OMB has approved the Quarterly Report of PTC System 
Performance (Form FRA F 6180.152) through March 31, 2027. Before that 
expiration date, FRA will issue the requisite 60-day and 30-day notices 
in the Federal Register to solicit public comment pursuant to the 
Paperwork Reduction Act.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2024-21654 Filed 9-20-24; 8:45 am]
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