[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68274-68275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21855]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Positive Train Control Regulations About Emergency Rerouting

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 permitting railroads to temporarily reroute a train 
equipped with a positive train control (PTC) system onto a track not 
equipped with a PTC system, in the event an emergency prevents usage of 
the regularly used track. This notice contains information about the 
process a railroad must follow to notify FRA and/or obtain FRA's 
approval, depending on the duration of the rerouting.

FOR FURTHER INFORMATION CONTACT: For technical questions, please 
contact Gabe Neal, Staff Director, Signal, Train Control, and Crossings 
Division, telephone: 816-516-7168, email: <a href="/cdn-cgi/l/email-protection#93d4f2f1f6bdddf6f2ffd3f7fce7bdf4fce5"><span class="__cf_email__" data-cfemail="f5b2949790dbbb909499b5919a81db929a83">[email protected]</span></a>. For legal 
questions, please contact Stephanie Anderson, Attorney Adviser, 
telephone: 202-834-0609, email: <a href="/cdn-cgi/l/email-protection#015275647169606f68642f406f656473726e6f41656e752f666e77"><span class="__cf_email__" data-cfemail="015275647169606f68642f406f656473726e6f41656e752f666e77">[email protected]</span></a>.

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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    FRA's PTC regulations recognize, however, that certain 
emergencies--including events such as a derailment, flood, fire, 
tornado, hurricane, earthquake, or other similar circumstance outside 
of the railroad's control--may occur and prevent usage of the regularly 
used track. Specifically, 49 CFR 236.1005(g)(1) enables railroads to 
temporarily reroute PTC-equipped trains onto track not equipped with a 
PTC system, in the event an emergency prevents usage of the regularly 
used track.
    Pursuant to 49 CFR 236.1005(g)(1)(ii) and 236.1005(i), a railroad 
must provide written or telephonic notification to FRA of the following 
information within one business day of the beginning of the emergency 
rerouting:
    (1) The dates that such temporary rerouting will occur;
    (2) The number and types of trains that will be rerouted;

[[Page 68275]]

    (3) The location of the affected tracks; and
    (4) A description of the necessity for the temporary rerouting.

FRA's PTC regulations specify that a railroad may reroute traffic only 
until the emergency condition ceases to exist and for no more than 14 
consecutive calendar days, unless otherwise extended by approval from 
FRA's Associate Administrator for Railroad Safety (Associate 
Administrator).
    In 2023, multiple railroads have requested FRA's approval to 
continue the emergency rerouting beyond 14 consecutive calendar days. 
FRA reminds railroads to submit their extension requests as soon as 
possible, well before the initial 14-day period of emergency rerouting 
lapses, to ensure FRA has sufficient time to evaluate the railroad's 
request and issue its decision to the railroad.
    During all phases of emergency rerouting, including during the 
initial 14 consecutive calendar days and beyond, a railroad must comply 
with the rerouting conditions under 49 CFR 236.1005(j), as Sec.  
236.1005(g)(1)(iii) requires. For example, Sec.  236.1005(j) specifies 
that an unequipped train must be ``operated in accordance with Sec.  
236.1029'' (including the applicable speed restrictions) if the train 
is rerouted to a PTC-equipped track. If any train is rerouted to a 
track not equipped with a PTC system, the train must be ``operated in 
accordance with the operating rules applicable to the line on which the 
train is rerouted.'' 49 CFR 236.1005(j).
    FRA remains available to provide technical assistance to railroads 
about the emergency rerouting provisions in FRA's regulations, at 49 
CFR 236.1005(g)(1), (i), and (j) and summarized above. FRA appreciates 
railroads' commitment to operating their FRA-certified, interoperable 
PTC systems on PTC-mandated main lines, as generally required by law, 
outside the special, limited circumstances outlined in FRA's 
regulations.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2023-21855 Filed 10-2-23; 8:45 am]
BILLING CODE 4910-06-P


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