Regulations Governing Certain Positive Train Control System Outages, 25726-25727 [2023-08839]

Download as PDF 25726 Federal Register / Vol. 88, No. 81 / Thursday, April 27, 2023 / Notices Estimated Number of Annual Responses: 150. Estimated Total Annual Burden Hours: 75. Estimated Average Burden Hours per Response: 0.5. Need For and Use of Information: This survey is used to locate, for monitoring purposes, rural residents, home gardens, and milk animals within a five-mile radius of a nuclear power plant. The monitoring program is a mandatory requirement of the Nuclear Regulatory Commission set out in the technical specifications when the plants were licensed. The ICR previously approved by OMB expired on January 31, 2023. Rebecca L. Coffey, Agency Records Officer. [FR Doc. 2023–08831 Filed 4–26–23; 8:45 am] BILLING CODE 8120–08–P TENNESSEE VALLEY AUTHORITY Agency Information Collection Activities: Submission for OMB Review; Comment Request Rebecca L. Coffey, Agency Records Officer. Tennessee Valley Authority (TVA). ACTION: 30-Day notice of submission of information collection reinstatement approval request to OMB. BILLING CODE 8120–08–P [FR Doc. 2023–08832 Filed 4–26–23; 8:45 am] AGENCY: Tennessee Valley Authority (TVA) provides notice of submission of this information clearance request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The general public and other federal agencies are invited to comment. TVA previously published a 60-day notice of the proposed information collection reinstatement for public review February 22, 2023 and no comments were received. DATES: The OMB will consider all written comments received on or before May 30, 2023. ADDRESSES: Written comments for the proposed information collection reinstatement should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. SUMMARY: lotter on DSK11XQN23PROD with NOTICES1 Title of Information Collection: Employment Application. OMB Control Number: 3316–0063. Current Expiration Date: 4–30–2023. Frequency of Use: On occasion. Type of Affected Public: Individuals. Small Businesses or Organizations Affected: No. Federal Budget Functional Category Code: 455. Estimated Number of Annual Responses: 14,475. Estimated Total Annual Burden Hours: 3,185. Estimated Average Burden Hours per Response: 0.2. Need For and Use of Information: Applications for employment are needed to collect information on qualifications, suitability for employment, and eligibility for veteran’s preference. The information is used to make comparative appraisals and to assist in selections. The affected public consists of individuals who apply for TVA employment. SUPPLEMENTARY INFORMATION: Type of Request: Reinstatement, with minor modification, of a previously approved information collection for which approval has expired. VerDate Sep<11>2014 17:49 Apr 26, 2023 Jkt 259001 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Regulations Governing Certain Positive Train Control System Outages Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice. AGENCY: 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: Gabe.Neal@dot.gov. For legal questions, please contact Stephanie Anderson, Attorney Adviser, telephone: 202–834– 0609, email: Stephanie.Anderson@ dot.gov. SUMMARY: By law, PTC systems must govern operations on PTC-mandated main lines, which SUPPLEMENTARY INFORMATION: PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 currently encompass approximately 58,000 route miles, and include Class I railroads’ main lines over which poisonor toxic-by-inhalation hazardous materials are transported and any railroads’ main lines over which intercity or commuter rail passenger transportation is regularly provided.1 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. 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 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 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). 2 49 CFR 236.1029(g)(3). 3 Id. 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). E:\FR\FM\27APN1.SGM 27APN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 88, No. 81 / Thursday, April 27, 2023 / Notices 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 PTC.Correspondence@dot.gov) 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 VerDate Sep<11>2014 17:49 Apr 26, 2023 Jkt 259001 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 FRAcertified, 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 DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD–2023–0087] Coastwise-Qualified Launch Barges: 46 CFR 389.3(a) Notifications Maritime Administration (MARAD), Department of Transportation (DOT). ACTION: Notice and request for comments. AGENCY: To maximize the use of coastwise-qualified vessels, in January of each calendar year, MARAD requests SUMMARY: PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 25727 owners and operators of coastwisequalified launch barges or other interested parties to notify the Agency of their interest in, and provide certain information relating to, the transportation, installation, or launching of platform jackets. MARAD publishes the notifications as a resource to companies contemplating these operations on the outer continental shelf. The notifications should include information set forth in the Supplementary Information section below. DATES: Submit comments on or before May 30, 2023. ADDRESSES: You may submit comments identified by DOT Docket Number MARAD–2023–0087 by any of the following methods: • Website/Federal eRulemaking Portal: Go to https:// www.regulations.gov. Search ‘‘MARAD– 2023–0087’’ and follow the instructions for submitting comments on the electronic docket site. • Mail or Hand Delivery: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12– 140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. Note: All submissions must include the agency name and docket number for this notice. All comments received will be posted without change to https:// www.regulations.gov including any personal information provided. Docket: For access to the docket to read comments received, go to https:// www.regulations.gov and search using ‘‘MARAD–2023–0087.’’ FOR FURTHER INFORMATION CONTACT: Jennifer Meurer, U.S. Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Room W23–453, Washington, DC 20590. Telephone: (202) 731–6220. Email: Jennifer.Meurer@dot.gov. SUPPLEMENTARY INFORMATION: Pursuant to 46 U.S.C. 55108, the Secretary of Transportation has the authority to adopt procedures that timely provide information that would maximize the use of coastwise-qualified vessels for the transportation of platform jackets between U.S. coastwise points and the outer continental shelf. This authority has been delegated to MARAD. The regulations promulgated under the authority of 46 U.S.C. 55108 and 46 CFR 389.3(a), require that MARAD publish a notice in the Federal Register requesting notification from owners, operators, or potential operators of coastwise-qualified launch barges, or E:\FR\FM\27APN1.SGM 27APN1

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[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ 49 CFR 236.1029(g)(3).
    \3\ Id.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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

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