Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85459 

1 21 U.S.C. 802(34). 

2 28 CFR 0.100(b). 

3 Id. 

KYSKY, NY WP (Lat. 40°46′52.75′′ N, long. 072°12′21.45′′ W) 

* * * * * 

Q–481 JAMIE, VA to Deer Park, NY (DPK) [Amended] 

JAMIE, VA WP (Lat. 37°36′20.58′′ N, long. 075°57′48.81′′ W) 

CONFR, MD WP (Lat. 38°16′10.90′′ N, long. 075°24′32.98′′ W) 

MGERK, DE WP (Lat. 38°46′16.00′′ N, long. 075°18′09.00′′ W) 

SOSBY, OA WP (Lat. 39°15′24.74′′ N, long. 074°55′30.57′′ W) 

ECOIL, OA WP (Lat. 39°49′58.45′′ N, long. 074°14′06.07′′ W) 

ZIGGI, NJ FIX (Lat. 40°03′07.01′′ N, long. 074°00′49.34′′ W) 

Deer Park, NY (DPK) VOR/DME (Lat. 40°47′30.30′′ N, long. 073°18′13.17′′ W) 

* * * * * 

Issued in Washington, DC, on October 22, 

2024. 

Frank Lias, 

Manager, Rules and Regulations Group. 

[FR Doc. 2024–24938 Filed 10–25–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1310 

[Docket No. DEA–1282] 

Possible Control of Phenethyl Bromide 

as a List I Chemical 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Advanced notice of proposed 

rulemaking. 

SUMMARY: The Drug Enforcement 

Administration (DEA) finds that 

phenethyl bromide is used in the illicit 

manufacture of the controlled substance 

fentanyl, as well as fentanyl analogues 

and fentanyl-related substances, and is 

important to the manufacture of these 

substances because it is often used in 

synthetic pathways to illicitly 

manufacture fentanyl, fentanyl 

analogues, and fentanyl-related 

substances. Prior to proposing to list 

phenethyl bromide as a list I chemical 

under the Controlled Substances Act, 

DEA is soliciting information on the 

current uses of phenethyl bromide 

(other than for the synthesis of fentanyl) 

in order to properly determine the effect 

such a proposed action would have on 

legitimate industry. 

DATES: Comments must be submitted 

electronically or postmarked on or 

before November 27, 2024. Commenters 

should be aware that the electronic 

Federal Docket Management System 

will not accept any comments after 

11:59 p.m. Eastern Time on the last day 

of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–1282’’ on all electronic and 

written correspondence, including any 

attachments. 

• Electronic comments: The Drug 

Enforcement Administration (DEA) 

encourages that all comments be 

submitted electronically through the 

Federal eRulemaking Portal, which 

provides the ability to type short 

comments directly into the comment 

field on the web page or attach a file for 

lengthier comments. Please go to 

https://www.regulations.gov and follow 

the online instructions at that site for 

submitting comments. Upon completion 

of your comment submission, you will 

receive a Comment Tracking Number. 

Please be aware that submitted 

comments are not instantaneously 

available for public view on 

Regulations.gov. If you have received a 

Comment Tracking Number, your 

comment has been successfully 

submitted and there is no need to 

resubmit the same comment. 

• Paper comments: Paper comments 

that duplicate electronic submissions 

are not necessary. Should you wish to 

mail a paper comment, in lieu of an 

electronic comment, it should be sent 

via regular or express mail to: Drug 

Enforcement Administration, Attn: DEA 

Federal Register Representative/DPW, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Drug and Chemical 

Evaluation Section, Diversion Control 

Division, Drug Enforcement 

Administration; Telephone: (571) 362– 

3249. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received in response to this docket are 

considered part of the public record. 

The Drug Enforcement Administration 

(DEA) will make comments available for 

public inspection online at https://

www.regulations.gov. Such information 

includes personal or business 

identifying information (such as name, 

address, State or Federal identifiers, 

etc.) voluntarily submitted by the 

commenter. Generally, all information 

voluntarily submitted by the 

commenter, unless clearly marked as 

Confidential Information in the method 

described below, will be publicly 

posted. Comments may be submitted 

anonymously. The Freedom of 

Information Act applies to all comments 

received. 

Commenters submitting comments 

which include personal identifying 

information (PII), confidential, or 

proprietary business information that 

the commenter does not want made 

publicly available should submit two 

copies of the comment. One copy must 

be marked ‘‘CONTAINS 

CONFIDENTIAL INFORMATION’’ and 

should clearly identify all PII or 

business information the commenter 

does not want to be made publicly 

available, including any supplemental 

materials. DEA will review this copy, 

including the claimed PII and 

confidential business information, in its 

consideration of comments. The second 

copy should be marked ‘‘TO BE 

PUBLICLY POSTED’’ and must have all 

claimed PII and business information 

already redacted. DEA will post only the 

redacted comment on https://

www.regulations.gov for public 

inspection. 

For easy reference, an electronic copy 

of this document and a plain language 

summary of this advanced notice of 

proposed rulemaking are available at 

https://www.regulations.gov. 

Legal Authority 

The Controlled Substances Act (CSA) 

authorizes the Attorney General to 

specify, by regulation, chemicals as list 

I chemicals.1 The Attorney General has 

delegated his authority to designate list 

I chemicals to the Administrator of DEA 

(Administrator).2 A ‘‘list I chemical’’ is 

a chemical that is used in 

manufacturing a controlled substance in 

violation of the CSA and is important to 

the manufacture of the controlled 

substances.3 The current list of all listed 

chemicals is published at 21 CFR 


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4 21 U.S.C. 812(c) Schedule II(b)(6); 21 CFR 

1308.12(c). 

5Schedules of Controlled Substances: Temporary 

Placement of Seven Fentanyl-Related Substances in 

Schedule I. 83 FR 4580 (Feb. 1, 2018). 

6Schedules of Controlled Substances: Temporary 

Placement of Fentanyl-Related Substances in 

Schedule I, 83 FR 5188 (Feb. 6, 2018). 

7Schedules of Controlled Substances: Placement 

of 10 Specific Fentanyl-Related Substances in 

Schedule I, 86 FR 22113 (Apr. 27, 2021). 

8United Nations Office on Drugs and Crime, 

Global SMART Update Volume 17, March 2017. 

https://www.unodc.org/documents/scientific/ 

Global_SMART_Update_17_web.pdf. 

9Centers for Disease Control and Prevention, 

National Center for Health Statistics. National Vital 

Statistics System, Provisional Mortality on CDC 

WONDER Online Database. Data are from the final 

Multiple Cause of Death Files, 2018–2021, and from 

provisional data for years 2022–2023, as compiled 

from data provided by the 57 vital statistics 

jurisdictions through the Vital Statistics 

Cooperative Program. Accessed at http://

wonder.cdc.gov/mcd-icd10-provisional.html on 

March 16, 2023. 

10Ahmad FB, Cisewski JA, Rossen LM, Sutton P. 

Provisional drug overdose death counts. National 

Center for Health Statistics. 2023. Accessed at 

https://www.cdc.gov/nchs/nvss/vsrr/drug-overdosedata.htm on August 17, 2023. 

11NFLIS-Drug is a national forensic laboratory 

reporting system that systematically collects results 

from drug chemistry analyses conducted by 

Federal, State and local forensic laboratories in the 

United States. While NFLIS-Drug data is not direct 

evidence of abuse, it can lead to an inference that 

a drug has been diverted and abused. See 76 FR 

77330, 77332 (Dec. 12, 2011). NFLIS-Drug data was 

queried on July 31, 2023, and August 17, 2023. 

1310.02. DEA regulations set forth the 

process by which DEA may add a 

chemical as a listed chemical. As set 

forth in 21 CFR 1310.02(c), the agency 

may do so by publishing a final rule in 

the Federal Register following a 

published notice of proposed 

rulemaking with at least 30 days for 

public comments. 

Background 

The clandestine manufacture of 

fentanyl, fentanyl analogues, and 

fentanyl-related substances remains 

extremely concerning as the distribution 

of illicit fentanyl, fentanyl analogues, 

and fentanyl-related substances 

continues to drive drug-related overdose 

deaths in the United States. Fentanyl is 

a synthetic opioid and was first 

synthesized in Belgium in the late 

1950s. Fentanyl was introduced into 

medical practice and is approved for 

medical practitioners in the United 

States to prescribe lawfully for 

anesthesia and analgesia. Yet, due to its 

pharmacological effects, fentanyl can be 

used as a substitute for heroin, 

oxycodone, and other opioids in opioid 

dependent individuals. Therefore, 

despite its accepted medical use in 

treatment in the United States, DEA 

controls fentanyl as a schedule II 

controlled substance due to its high 

potential for abuse and dependence.4

Moreover, there are a substantial 

number of fentanyl analogues 5 and 

fentanyl-related substances 6 that are 

being distributed on the illicit drug 

market despite DEA’s recent actions 

adding them as scheduled controlled 

substances.7 Illicit manufacturers of 

fentanyl, fentanyl analogues, and 

fentanyl-related substances attempt to 

utilize unregulated precursor chemicals 

to evade law enforcement detection and 

precursor chemical controls in order to 

keep manufacturing these substances. 

This strategy allows for the synthesis of 

a variety of fentanyl analogues and 

fentanyl-related substances by making 

slight modifications to the core fentanyl 

structure while maintaining the same 

synthetic methodology used to 

synthesize fentanyl, fentanyl analogues, 

and fentanyl-related substances. 

The unlawful trafficking of fentanyl, 

fentanyl analogues, and fentanyl-related 

substances in the United States 

continues to pose an imminent hazard 

to public safety. Since 2012, fentanyl 

has shown a dramatic increase in the 

illicit drug supply as a single substance, 

in mixtures with other illicit drugs (i.e., 

heroin, cocaine, and 

methamphetamine), and in forms that 

mimic pharmaceutical preparations 

including prescription opiates and 

benzodiazepines.8

DEA has noted a significant increase 

in overdoses and overdose fatalities 

from fentanyl, fentanyl analogues, and 

fentanyl-related substances in the 

United States in recent years. According 

to the Centers for Disease Control and 

Prevention (CDC), opioids, mainly 

synthetic opioids (which includes 

fentanyl), are predominantly 

responsible for drug overdose deaths in 

recent years. According to CDC 

WONDER,9 drug-induced overdose 

deaths involving synthetic opioids 

(excluding methadone) in the United 

States increased from 36,359 in 2019, to 

56,516 in 2020, and to 70,601 in 2021. 

Based on provisional data, the predicted 

number of drug overdose deaths 

involving synthetic opioids (excluding 

methadone) in the United States for the 

12 months ending March 2023 is 76,472 

individuals, or approximately 69.2 

percent of all drug-induced overdose 

deaths for that time period.10 The 

increase in overdose fatalities involving 

synthetic opioids coincides with a 

dramatic increase in law enforcement 

encounters of fentanyl, fentanyl 

analogues, and fentanyl-related 

substances. According to the National 

Forensic Laboratory Information System 

(NFLIS-Drug),11 reports from forensic 

laboratories of drug items containing 

fentanyl, fentanyl analogues, and 

fentanyl-related substances increased 

dramatically since 2014, as shown in 

Table 1. 

TABLE 1—ANNUAL REPORTS OF FENTANYL AND SELECT FENTANYL ANALOGUES AND FENTANYL-RELATED SUBSTANCES

IDENTIFIED IN DRUG ENCOUNTERS

Year 2014 2015 2016 2017 2018 2019 2020 2021 2022 

Annual Fentanyl Reports ......................... 5,554 15,461 37,154 61,642 89,967 108,133 126,0099 165,104 165,920 

Annual Reports of select fentanyl analogues and fentanyl-related substances 78 2,317 7,624 21,980 16,033 20,864 7,774 26,363 29,404 

Role of Phenethyl Bromide in the 

Synthesis of Fentanyl 

Fentanyl, fentanyl analogues, and 

fentanyl-related substances are not 

naturally occurring substances. As such, 

the manufacture of these substances 

requires them to be produced through 

synthetic organic chemistry. Synthetic 

organic chemistry is the process in 

which a new organic molecule is 

created through a series of chemical 

reactions, which involve precursor 

chemicals. Through chemical reactions, 

the chemical structures of precursor 

chemicals are modified in a desired 

fashion. These chemical reaction 

sequences, also known as synthetic 

pathways, are designed to create a 

desired substance. Several synthetic 

pathways to fentanyl, fentanyl 

analogues, and fentanyl-related 

substances have been identified in 

clandestine laboratory settings; these 

include the original ‘‘Janssen method,’’ 

the ‘‘Siegfried method,’’ and the ‘‘Gupta 

method.’’ In response to the illicit 

manufacture of fentanyl, fentanyl 


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I I I I I I I I I 
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85461 

12Control of a Chemical Precursor Used in the 

Illicit Manufacture of Fentanyl as a List I Chemical, 

72 FR 20039 (Apr. 23, 2007). 

13 Designation of Benzylfentanyl and 4- 

Anilinopiperidine, Precursor Chemicals Used in the 

Illicit Manufacture of Fentanyl, as List I Chemicals, 

85 FR 20822 (Apr. 15, 2020). 

14 Designation of 4-Piperidone as a List I 

Chemical, 88 FR 21902 (Apr. 12, 2023). 

15Control of Immediate Precursor Used in the 

Illicit Manufacture of Fentanyl as a Schedule II 

Controlled Substance, 75 FR 37295 (June 29, 2010). 

16Control of the Immediate Precursor Norfentanyl 

Used in the Illicit Manufacture of Fentanyl as a 

Schedule II Controlled Substance, 85 FR 21320 

(Apr. 17, 2020). 

17https://www.dea.gov/press-releases/2018/01/ 

05/china-announces-scheduling-controls-twofentanyl-precursor-chemicals. Accessed March 9, 

2022. 

18 Designation of Benzylfentanyl and 4- 

Anilinopiperidine, Precursor Chemicals Used in the 

Illicit Manufacture of Fentanyl, as List I Chemicals, 

85 FR 20822 (April 15, 2020). 

19Control of the Immediate Precursor Norfentanyl 

Used in the Illicit Manufacture of Fentanyl as a 

Schedule II Controlled Substance, 85 FR 21320 

(April 17, 2020). 

20Control of Immediate Precursor Used in the 

Illicit Manufacture of Fentanyl as a Schedule II 

Controlled Substance, 75 FR 37295 (June 29, 2010). 

21 Designation of Benzylfentanyl and 4- 

Anilinopiperidine, Precursor Chemicals Used in the 

Illicit Manufacture of Fentanyl, as List I Chemicals, 

85 FR 20822 (April 15, 2020). 

analogues, and fentanyl-related 

substances using these methods, DEA 

controlled N-phenethyl-4-piperidone 

(NPP),12 N-(1-benzylpiperidin-4-yl)-Nphenylpropionamide (benzylfentanyl), 

N-phenylpiperidin-4-amine (4- 

anilinopiperidine; including its amides 

and carbamates),13 and 4-piperidone 

(piperidin-4-one) 14 as list I chemicals, 

and 4-anilino-N-phenethylpiperidine 

(ANPP) 15 and N-phenyl-N-(piperidin-4- 

yl)propionamide (norfentanyl) 16 as 

schedule II immediate precursors under 

the CSA. 

In 2017, the United Nations 

Commission on Narcotic Drugs placed 

NPP and ANPP in Table I of the 

Convention Against Illicit Traffic in 

Narcotic Drugs and Psychotropic 

Substances of 1988 (1988 Convention) 

in response to the international 

reintroduction of fentanyl on the illicit 

drug market. As such, member states of 

the United Nations are required to 

regulate these precursor chemicals at 

the national level. Importantly, the 

People’s Republic of China regulated 

NPP and ANPP on February 1, 2018.17

Subsequently, in 2022, the United 

Nations Commission on Narcotic Drugs 

placed norfentanyl, 1-boc-4- 

anilinopiperidine, and 4- 

anilinopiperidine in Table I of the 1988 

Convention in response to the 

international reintroduction of fentanyl 

on the illicit drug market and the 

introduction of new precursors used in 

the illicit manufacture of fentanyl. 

Phenethyl Bromide 

The original published synthetic 

pathway to fentanyl, known as the 

Janssen method, involves the list I 

chemical benzylfentanyl 18 and 

schedule II immediate precursor 

norfentanyl.19 In this synthetic 

pathway, benzylfentanyl, a list I 

chemical under the CSA, is then 

converted to norfentanyl, the schedule II 

immediate precursor in this synthetic 

pathway. Norfentanyl is reacted with 

phenethyl bromide (also known as 2- 

bromoethyl benzene) to complete the 

synthesis of fentanyl. This synthetic 

pathway can also be easily modified to 

produce fentanyl analogues and 

fentanyl-related substances. 

Phenethyl bromide also serves as a 

precursor chemical in the Siegfried 

method. In this synthetic pathway, 

phenethyl bromide is reacted with 4- 

piperidone, a list I chemical under the 

CSA, to produce NPP, another list I 

chemical, which is further converted to 

ANPP,20 the schedule II immediate 

precursor in the Siegfried method. One 

additional step completes the synthesis 

of fentanyl. This synthetic pathway can 

also be easily modified to produce 

fentanyl analogues and fentanyl-related 

substances. 

In addition to the Janssen and 

Siegfried methods, clandestine 

manufacturers are using other methods 

to synthesize fentanyl, one of which is 

known as the Gupta method. In this 

synthetic pathway, 4-piperidone, a list I 

chemical under the CSA, is used to 

synthesize 4-anilinopiperidine, another 

list I chemical under the CSA,21 which 

serves as an alternative precursor 

chemical to NPP, a list I chemical, in the 

synthesis of ANPP, a schedule II 

immediate precursor, albeit through a 

different synthetic process. 4- 

Anilinopiperidine is reacted with 

phenethyl bromide to produce ANPP, 

which is then converted to the schedule 

II controlled substance, fentanyl. This 

synthetic pathway can also be easily 

modified to produce fentanyl analogues 

and fentanyl-related substances. 

Phenethyl Halides and Sulfonates 

Phenethyl bromide is attractive to 

illicit manufacturers due to the lack of 

regulations on this chemical; it is 

readily available from chemical 

suppliers. Additionally, related 

phenethyl halides (i.e., phenethyl 

chloride, phenethyl iodide, etc.) and 

phenethyl sulfonates (i.e., phenethyl 

tosylate, phenethyl mesylate, etc.) can 

be used as substitutes for phenethyl 

bromide in many of the known 

synthetic pathways. These pathways 

can be easily used, and modified, in the 

illicit manufacture of fentanyl, fentanyl 

analogues, and fentanyl-related 

substances. 

Solicitation for Information 

With this advanced notice of 

proposed rulemaking, DEA is soliciting 

information on any possible legitimate 

uses of phenethyl bromide, and related 

halides and sulfonates, unrelated to 

fentanyl production (including 

industrial uses) in order to assess the 

potential economic impact of 

controlling phenethyl bromide as a list 

I chemical. DEA seeks to document any 

unpublicized use(s) and other 

proprietary use(s) of phenethyl bromide, 

and related halides and sulfonates, that 

are not in the public domain. Therefore, 

DEA is soliciting comment on the uses 

of phenethyl bromide, and related 

halides and sulfonates, in the legitimate 

marketplace. 

DEA is soliciting input from all 

potentially affected parties regarding: (1) 

the types of legitimate industries using 

phenethyl bromide, and related halides 

and sulfonates; (2) the legitimate uses, 

legitimate needs, and quantities 

produced, used, and distributed of 

phenethyl bromide, and related halides 

and sulfonates; (3) the size of the 

domestic market for phenethyl bromide, 

and related halides and sulfonates, if 

any; (4) the number of manufacturers of 

phenethyl bromide, and related halides 

and sulfonates; (5) the number of 

distributors of phenethyl bromide, and 

related halides and sulfonates; (6) the 

level of import and export of phenethyl 

bromide, and related halides and 

sulfonates; (7) the potential burden that 

controlling phenethyl bromide, and 

related halides and sulfonates, as a list 

I chemical may have on any legitimate 

industry and trade; (8) the potential 

number of individuals/firms that may be 

adversely affected by such regulatory 

controls (particularly with respect to the 

impact on small businesses); and (9) any 

other information on the manner of 

manufacturing, distribution, 

consumption, storage, disposal, and 

uses of phenethyl bromide, and related 

halides and sulfonates, by industry and 

others. DEA invites all interested parties 

to provide any information on any 

legitimate uses of phenethyl bromide, 

and related halides and sulfonates, in 

industry, commerce, academia, research 

and development, or other applications. 

DEA seeks both quantitative and 

qualitative data. 

Such information may be submitted 

electronically to the address listed 

above and is requested by November 27, 

2024. This information will be used to 

properly determine the effect that 


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85462 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

proposed regulations to make phenethyl 

bromide a list I chemical under the CSA 

would have on industry. 

Handling of Confidential or Proprietary 

Information 

Confidential or proprietary 

information may be submitted as part of 

a comment regarding this advanced 

notice of proposed rulemaking. Please 

see the ‘‘POSTING OF PUBLIC 

COMMENTS’’ section above for a 

discussion of the identification and 

redaction of confidential business 

information and personally identifying 

information. 

Regulatory Analyses 

This ANPRM was developed in 

accordance with the principles of 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ and E.O. 14094, 

‘‘Modernizing Regulatory Review.’’ 

Because this action is an ANPRM, the 

requirement of E.O. 12866 to assess the 

costs and benefits of this action does not 

apply. 

Furthermore, the requirements of the 

Regulatory Flexibility Act do not apply 

to this action because, at this stage, it is 

an ANPRM and not a ‘‘rule’’ as defined 

in 5 U.S.C. 601. Following review of the 

comments received in response to this 

ANPRM, if DEA proceeds with a notice 

of proposed rulemaking regarding this 

matter, DEA will conduct all relevant 

analyses as required by statute or E.O. 

Signing Authority 

This document of the Drug 

Enforcement Administration was signed 

on October 10, 2024, by Administrator 

Anne Milgram. That document with the 

original signature and date is 

maintained by DEA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DEA Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

DEA. This administrative process in no 

way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Heather Achbach, 

Federal Register Liaison Officer, Drug 

Enforcement Administration. 

[FR Doc. 2024–24616 Filed 10–25–24; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 236 

[Docket No. FRA–2023–0064] 

RIN 2130–AC95 

Positive Train Control Systems 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FRA is proposing to amend 

certain regulations governing positive 

train control (PTC) systems. Since 

December 31, 2020, by law, PTC 

systems have generally governed rail 

operations on PTC-mandated main 

lines, which encompass nearly 59,000 

route miles today. Through FRA’s 

oversight and continued engagement 

with the industry, FRA has found that 

its existing PTC regulations do not 

adequately address temporary situations 

during which PTC technology is not 

enabled, including after certain 

initialization failures or in cases where 

a PTC system needs to be temporarily 

disabled to facilitate repair, 

maintenance, infrastructure upgrades, or 

capital projects. FRA expects PTC 

systems to be reliable and robust, 

further reducing the occurrence of 

initialization failures and outages. This 

NPRM proposes to establish strict 

parameters and operating restrictions 

under which railroads may continue to 

operate safely in certain necessary 

scenarios when PTC technology is 

temporarily not governing rail 

operations. The purpose of this NPRM 

is to enable continued, safe operations 

and improve rail safety by facilitating 

prompt repairs, upgrades, and 

restoration of PTC system service. 

DATES: Written comments must be 

received by December 27, 2024. FRA 

believes a 60-day comment period is 

appropriate to allow the public to 

comment on this proposed rule. FRA 

will consider comments received after 

that date to the extent practicable. 

ADDRESSES: 

Comments: Comments related to 

Docket No. FRA–2023–0064 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, docket 

number (FRA–2023–0064), and 

Regulation Identifier Number (RIN) for 

this rulemaking (2130–AC95). All 

comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. Please see the 

Privacy Act heading in the 

SUPPLEMENTARY INFORMATION section of 

this document for Privacy Act 

information related to any submitted 

comments or materials. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and follow the 

online instructions for accessing the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov; or Stephanie 

Anderson, Attorney Adviser, telephone: 

202–834–0609, email: 

Stephanie.Anderson@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Supplementary 

Information 

I. Executive Summary 

II. Background 

A. Legal Authority To Prescribe PTC 

Regulations 

B. Public Participation Prior to the 

Issuance of the NPRM 

III. Section-by-Section Analysis 

IV. Regulatory Impact and Notices 

A. Executive Order 12866 as Amended by 

Executive Order 14094 

B. Regulatory Flexibility Act and Executive 

Order 13272 

C. Paperwork Reduction Act 

D. Federalism Implications 

E. International Trade Impact Assessment 

F. Environmental Impact 

G. Environmental Justice 

H. Unfunded Mandates Reform Act of 1995 

I. Energy Impact 

J. Privacy Act Statement 

K. Tribal Consultation 

L. Rulemaking Summary, 5 U.S.C. 

553(b)(4) 

I. Executive Summary 

Section 20157 of title 49 of the United 

States Code (U.S.C.) mandates each 

Class I railroad, and each entity 

providing regularly scheduled intercity 

or commuter rail passenger 

transportation, to implement an FRAcertified PTC system on: (1) its main 

lines over which poison- or toxic-byinhalation hazardous materials are 

transported, if the line carries five 

million or more gross tons of any annual 

traffic; (2) its main lines over which 

intercity or commuter rail passenger 

transportation is regularly provided; and 

(3) any other tracks the Secretary of 

Transportation (Secretary) prescribes by 


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