Friday, January 15, 2010 Part II Department of Transportation Federal Railroad Administration 49 CFR Part 229, 234, 235, et al. Positive Train Control Systems; Final Rule VerDate Nov<24>2008 14:43 Jan 14, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\15JAR2.SGM 15JAR2 erowe on DSK5CLS3C1PROD with RULES_2 2598 Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations DEPARTMENT OF TRANSPORTATION • Hand Delivery: Room W12–140 on accomplished by December 31, 2015. the Ground level of the West Building, This final rule intends to provide the Federal Railroad Administration 1200 New Jersey Avenue, SE., necessary Federal oversight, guidance, Washington, DC between 9 a.m. and 5 and assistance toward successful 49 CFR Parts 229, 234, 235, and 236 p.m. Monday through Friday, except completion of that congressional [Docket No. FRA–2008–0132, Notice No. 3] Federal holidays. requirement. This final rule also Instructions: All submissions must necessitates or results in some minimal RIN 2130–AC03 include the agency name and docket revision or amendment to parts 229, number or Regulatory Identification 234, and 235, as well as previously Positive Train Control Systems Number (RIN) for this rulemaking. Note existing subparts A through H of part AGENCY: Federal Railroad that all petitions received will be posted 236. without change to http:// Administration (FRA), Department of Table of Contents for Supplementary www.regulations.gov including any Transportation (DOT). Information ACTION: Final rule; request for comment personal information. Please see the on specific issues. Privacy Act heading in the I. Introduction SUPPLEMENTARY INFORMATION section of II. Background SUMMARY: FRA is issuing regulations this document for Privacy Act A. The Need for Positive Train Control implementing a requirement of the Rail information related to any submitted Technology petitions, comments, or materials. B. Earlier Efforts To Encourage Voluntary Safety Improvement Act of 2008 that PTC Implementation defines criteria for certain passenger and Docket: For access to the docket to C. Technology Advances Under Subpart H freight rail lines requiring the read background documents or III. The Rail Safety Improvement Act of 2008 implementation of positive train control comments received, go to http:// IV. Public Participation (PTC) systems. This final rule includes www.regulations.gov or to Room W12– A. RSAC Process required functionalities of PTC system 140 on the Ground level of the West B. Public Hearing and Comments Filed technology and the means by which Building, 1200 New Jersey Avenue, SE., V. Overview: The Proposed Rule, Comments, PTC systems will be certified. This final Washington, DC between 9 a.m. and 5 and Resolution of Comments rule also describes the contents of the p.m. Monday through Friday, except VI. Seeking Further Comments Federal holidays. VII. Section-by-Section Analysis PTC implementation plans required by VIII. Regulatory Impact and Notices the statute and contains the process for FOR FURTHER INFORMATION CONTACT: A. Executive Order 12866 and DOT submission of those plans for review Thomas McFarlin, Office of Safety Regulatory Policies and Procedures and approval by FRA. These regulations Assurance and Compliance, Staff B. Regulatory Flexibility Act and Executive could also be voluntarily complied with Director, Signal & Train Control Order 13272 by entities not mandated to install PTC Division, Federal Railroad C. Paperwork Reduction Act systems. This is a final rule; however, Administration, Mail Stop 25, West D. Federalism Implications FRA has identified specific provisions Building 3rd Floor, Room W35–332, E. Environmental Impact for which we are considering making 1200 New Jersey Avenue, SE., F. Unfunded Mandates Reform Act of 1995 G. Energy Impact changes to the final rule, if warranted by Washington, DC 20590 (telephone: 202– H. Privacy Act the public comments received. We 493–6203); or Jason Schlosberg, Trial IX. The Rule expect to publish our response to those Attorney, Office of Chief Counsel, RCC– comments, including any possible 10, Mail Stop 10, West Building 3rd I. Introduction changes to the rule made as a result of Floor, Room W31–217, 1200 New Jersey This final rule provides new them, as soon as possible following the Avenue, SE., Washington, DC 20590 performance standards for the end of the comment period. However, (telephone: 202–493–6032). implementation and operation of PTC the limited areas of this rule open for SUPPLEMENTARY INFORMATION: FRA is systems as mandated by the RSIA08 and additional comment do not affect the issuing this final rule to provide as otherwise voluntarily adopted. This requirement for railroads to prepare and regulatory guidance and performance final rule also details the process and submit plans in accordance with the standards for the development, testing, identifies the documents that railroads deadlines established in this final rule. implementation, and use of Positive and operators of passenger trains are to DATES: This final rule is effective March Train Control (PTC) systems for utilize and incorporate in their PTC 16, 2010. Petitions for reconsideration railroads mandated by the Rail Safety implementation plans required by the must be received on or before March 16, Improvement Act of 2008 § 104, Public RSIA08. The final rule also details the 2010. Comments must be received on or Law 110–432, 122 Stat. 4854 (Oct. 16, process and procedure for obtaining before February 16, 2010. 2008) (codified at 9 U.S.C. 20157) FRA approval of such plans. ADDRESSES: Petitions for reconsideration (hereinafter ‘‘RSIA08’’), to implement While developing this final rule, FRA and comments: Any petitions for PTC systems. These regulations may applied the performance-based reconsideration or comments related to also be voluntarily complied with by principles embodied in existing subpart Docket No. FRA–2008–0132, may be entities not mandated to install PTC in H of part 236 to identify and remedy submitted by any of the following lieu of the requirements contained in any weaknesses discovered in the methods: subpart H of part 236. The final rule subpart H regulatory approach, while • Web site: The Federal eRulemaking establishes requirements for PTC system exploiting lessons learned from Portal, http://www.regulations.gov. standard design and functionality, the products developed under subpart H. Follow the Web site’s online associated submissions for FRA PTC FRA has continued to make instructions for submitting comments. system approval and certification, performance-based safety decisions • Fax: 202–493–2251. requirements for training, and required while supporting railroads in their • Mail: Docket Management Facility, risk-based criteria. The RSIA08 development and implementation of U.S. Department of Transportation, 1200 mandates that widespread PTC system technologies. Development New Jersey Avenue, SE., W12–140, implementation of PTC across a major of this final rule was enhanced with the Washington, DC 20590. portion of the U.S. rail industry be participation of the Railroad Safety VerDate Nov<24>2008 14:43 Jan 14, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\15JAR2.SGM 15JAR2 erowe on DSK5CLS3C1PROD with RULES_2 Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations 2599 Advisory Committee (RSAC), which operating rules designed to prevent (ATCS). With broad participation by tasked a PTC Working Group to provide them. suppliers, railroads, and FRA, detailed advice regarding development of As early as 1970, following its specifications were developed for a implementing regulations for PTC investigation of the August 20, 1969, multi-level ‘‘open’’ architecture that systems and their deployment that are head-on collision of two Penn Central would permit participation by many required under the RSIA08. The PTC Commuter trains near Darien, suppliers while ensuring that systems Working Group made a number of Connecticut, in which 4 people were deployed on various railroads would consensus recommendations, which killed and 45 people were injured, the work in harmony as trains crossed were identified and included in the National Transportation Safety Board corporate boundaries. ATCS was proposed rule, and has contributed (NTSB) asked FRA to study the intended to serve a variety of business further refinements in the form of feasibility of requiring a form of purposes, in addition to enhancing the recommendations for resolution of the automatic train control system to protect safety of train operations. Pilot versions public comments. The preamble against train operator error and prevent of ATCS and a similar system known as discusses the statutory background, the train collisions. Following the Darien Advanced Railroad Electronic Systems regulatory background, the RSAC accident, the NTSB continued to (ARES) were tested relatively proceedings, the alternatives considered investigate one railroad accident after successfully, but the systems were never and the rationale for the options another caused by human error. During deployed on a wide scale primarily due selected, the proceedings to date, as the next two decades, the NTSB issued to cost. However, sub-elements of these well as the comments and conclusions a number of safety recommendations systems were employed for various on general issues. Other comments and asking for train control measures. purposes, particularly for replacement resolutions are discussed