Federal Railroad Administration, DOT § 236.1005

Safe State means a system state that, Type Approval means a number as- when the system fails, cannot cause signed to a particular PTC system indi- death, injury, occupational illness, or cating FRA agreement that the PTC damage to or loss of equipment or system could fulfill the requirements property, or damage to the environ- of this subpart. ment. Train means one or more loco- Segment of track means any part of motives, coupled with or without cars. the railroad where a train operates. § 236.1005 Requirements for Positive Temporal separation means that pas- Train Control systems. senger and freight operations do not (a) PTC system requirements. Each operate on any segment of shared track PTC system required to be installed during the same period and as further under this subpart shall: defined under § 236.1019 and the process (1) Reliably and functionally prevent: or processes in place to assure that re- (i) Train-to-train collisions—includ- sult. ing collisions between trains operating Tenant railroad means a railroad, over rail-to-rail at-grade crossings in other than a host railroad, operating accordance with the following risk- on track upon which a PTC system is based table or alternative arrange- required. ments providing an equivalent level of Track segment means segment of safety as specified in an FRA approved track. PTCSP:

Crossing type Max speed * Protection required

(A) Interlocking—one or more ≤ 40 miles per hour ...... Interlocking signal arrangement in accordance with the re- PTC routes intersecting with quirements of subparts A–G of this part and PTC enforced one or more non-PTC routes. stop on PTC routes. (B) Interlocking—one or more > 40 miles per hour ...... Interlocking signal arrangement in accordance with the re- PTC routes intersecting with quirements of subparts A–G of this part, PTC enforced one or more non-PTC routes. stop on all PTC routes, and either the use of other than full PTC technology that provides positive stop enforcement or a split-point derail incorporated into the signal system ac- companied by 20 miles per hour maximum allowable speed on the approach of any intersecting non-PTC route. (C) Interlocking—all PTC Any speed ...... Interlocking signal arrangements in accordance with the re- routes intersecting. quirements of subparts A–G of this part, and PTC enforced stop on all routes.

(ii) Overspeed derailments, including ment to the extent, and except as, de- derailments related to railroad civil scribed and justified in the FRA ap- engineering speed restrictions, slow or- proved PTCDP or PTCSP, as applica- ders, and excessive speeds over switch- ble; es and through turnouts; (3) As applicable, perform the addi- (iii) Incursions into established work tional functions specified in this sub- zone limits without first receiving ap- part; propriate authority and verification (4) Provide an appropriate warning or from the dispatcher or roadway worker enforcement when: in charge, as applicable and in accord- (i) A derail or switch protecting ac- ance with part 214 of this chapter; and cess to the main line required by (iv) The movement of a train through § 236.1007, or otherwise provided for in a main line switch in the improper po- the applicable PTCSP, is not in its de- sition as further described in paragraph railing or protecting position, respec- (e) of this section. tively; (2) Include safety-critical integration (ii) A mandatory directive is issued of all authorities and indications of a associated with a highway-rail grade wayside or cab signal system, or other crossing warning system malfunction similar appliance, method, device, or as required by §§ 234.105, 234.106, or system of equivalent safety, in a man- 234.107; ner by which the PTC system shall pro- (iii) An after-arrival mandatory di- vide associated warning and enforce- rective has been issued and the train or

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trains to be waited on has not yet and approved under paragraph (b)(4) of passed the location of the receiving this section and, if applicable, train; § 236.1021. (iv) Any movable bridge within the (ii) The presence or absence of any route ahead is not in a position to quantity of PIH hazardous materials allow permissive indication for a train shall be determined by whether one or movement pursuant to § 236.312; and more cars containing such product(s) (v) A hazard detector integrated into was transported over the track seg- the PTC system that is required by ment in calendar year 2008 or prior to paragraph (c) of this section, or other- the filing of the PTCIP, except to the wise provided for in the applicable extent that the PTCIP or RFA justi- PTCSP, detects an unsafe condition or fies, under paragraph (b)(4) of this sec- transmits an alarm; and tion, removal of the subject track seg- (5) Limit the speed of passenger and ment from the PTCIP listing of lines to freight trains to 59 miles per hour and be equipped. 49 miles per hour, respectively, in areas (3) Addition of track segments. To the without broken rail detection or equiv- extent increases in freight rail traffic alent safeguards. occur subsequent to calendar year 2008 (b) PTC system installation. (1) Lines that might affect the requirement to required to be equipped. Except as other- install a PTC system on any line not wise provided in this subpart, each yet equipped, the railroad shall seek to Class I railroad and each railroad pro- amend its PTCIP by promptly filing an viding or hosting intercity or com- RFA in accordance with § 236.1021. The muter passenger service shall progres- following criteria apply: sively equip its lines as provided in its (i) If rail traffic exceeds 5 million approved PTCIP such that, on and gross tons in any year after 2008, the after December 31, 2015, a PTC system tonnage shall be calculated for the pre- certified under § 236.1015 is installed ceding two calendar years and if the and operated by the host railroad on total tonnage for those two calendar each: years exceeds 10 million gross tons, a (i) Main line over which is trans- PTCIP or its amendment is required. ported any quantity of material poi- (ii) If PIH traffic is carried on a track sonous by inhalation (PIH), including segment as a result of a request for rail anhydrous ammonia, as defined in service or rerouting warranted under §§ 171.8, 173.115 and 173.132 of this title; part 172 of this title, and if the line car- (ii) Main line used for regularly pro- ries in excess of 5 million gross tons of vided intercity or commuter passenger rail traffic as determined under this service, except as provided in § 236.1019; paragraph, a PTCIP or its amendment and is required. This does not apply when (iii) Additional line of railroad as re- temporary rerouting is authorized in quired by the applicable FRA approved accordance with paragraph (g) of this PTCIP, this subpart, or an FRA order section. requiring installation of a PTC system (iii) Once a railroad is notified by by that date. FRA that its RFA filed in accordance (2) Initial baseline identification of with this paragraph has been approved, lines. For the purposes of paragraph the railroad shall equip the line with (b)(1)(i) of this section, the baseline in- the applicable PTC system by Decem- formation necessary to determine ber 31, 2015, or within 24 months, whether a Class I railroad’s track seg- whichever is later. ment shall be equipped with a PTC sys- (4) Exclusion or removal of track seg- tem shall be determined and reported ments from PTC baseline—(i) Routing as follows: changes. In a PTCIP or an RFA, a rail- (i) The traffic density threshold of 5 road may request review of the require- million gross tons shall be based upon ment to install PTC on a track seg- calendar year 2008 gross tonnage, ex- ment where a PTC system is otherwise cept to the extent that traffic may fall required by this section, but has not below 5 million gross tons for two con- yet been installed, based upon changes secutive calendar years and a PTCIP or in rail traffic such as reductions in an RFA reflecting this change is filed total traffic volume or cessation of

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passenger or PIH service. Any such re- not exceed the average comparable risk quest shall be accompanied by esti- per route mile on Class I lines in the mated traffic projections for the next 5 United States required to be equipped years (e.g., as a result of planned re- with PTC because of gross tonnage and routing, coordinations, or location of the presence of PIH traffic (which base new business on the line). Where the case will be estimated as of a time request involves prior or planned re- prior to installation of PTC). If the routing of PIH traffic, the railroad subject risk is greater than the average must provide a supporting analysis risk on those PIH lines, and if the rail- that takes into consideration the re- road making the application for re- quirements of subpart I, part 172 of this moval of the track segment from the title, assuming the subject route and PTCIP offers no compensating exten- each practicable alternative route to sion of PTC or PTC technologies from be PTC-equipped, and including any the minimum required to be equipped, interline routing impacts. FRA may deny the request. (A) FRA will approve the exclusion (B) [Reserved] if, based upon data in the docket of the (ii) Lines with de minimis PIH risk. (A) proceeding, FRA finds that it would be In a PTCIP or RFA, a railroad may re- consistent with safety as further pro- quest review of the requirement to in- vided in this paragraph. stall PTC on a low density track seg- (1) In the case of a requested exclu- ment where a PTC system is otherwise sion based on cessation of passenger required by this section, but has not service or a decline in gross tonnage yet been installed, based upon the pres- below 5 million gross tons as computed ence of a minimal quantity of PIH haz- over a 2-year period, the removal will ardous materials (less than 100 cars per be approved absent special cir- year, loaded and residue). Any such re- cumstances as set forth in writing quest shall be accompanied by esti- (e.g., because of anticipated traffic mated traffic projections for the next 5 growth in the near future). years (e.g., as a result of planned re- (2) In the case of cessation of PIH routing, coordinations, or location of traffic over a track segment, and ab- new business on the line). Where the sent special circumstances set forth in request involves prior or planned re- writing, FRA will approve an exclusion routing of PIH traffic, the railroad of a line from the PTCIP (determined must provide the information and anal- on the basis of 2008 traffic levels) upon ysis identified in paragraph (b)(4)(i) of a showing by the railroad that: this section. The submission shall also (i) There is no remaining local PIH include a full description of potential traffic expected on the track segment; safety hazards on the segment of track (ii) Either any rerouting of PIH traf- and fully describe train operations over fic from the subject track segment is the line. This provision is not applica- justified based upon the route analysis ble to lines segments used by intercity submitted, which shall assume that or commuter passenger service. each alternative route will be equipped (B) Absent special circumstances re- with PTC and shall take into consider- lated to specific hazards presented by ation any significant interline routing operations on the line segment, FRA impacts; or the next preferred alter- will approve a request for relief under native route in the analysis conducted this paragraph for a rail line segment: as set forth in this paragraph is shown (1) Consisting exclusively of Class 1 to be substantially as safe and secure or 2 track as described in part 213 of as the route employing the track seg- this title; ment in question and demonstrated (2) That carries less than 15 million considerations of practicability indi- gross tons annually; cate consolidation of the traffic on (3) Has a ruling grade of less than 1 that next preferred alternative route; percent; and and (4) On which any train transporting a (iii) After cessation of PIH traffic on car containing PIH materials (includ- the line, the remaining risk associated ing a residue car) is operated under with PTC-preventable accidents per conditions of temporal separation from route mile on the track segment will other trains using the line segment as

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documented by a temporal separation regard to whether it is a Class I rail- plan accompanying the request. As road. used in this paragraph, ‘‘temporal sepa- (6) New rail passenger service. No new ration’’ has the same meaning given by intercity or commuter rail passenger § 236.1019(e), except that the separation service shall commence after December addressed is the separation of a train 31, 2015, until a PTC system certified carrying any number of cars con- under this subpart has been installed taining PIH materials from other and made operative. freight trains. (c) Hazard detectors. (1) All hazard de- (C) FRA will also consider, and may tectors integrated into a signal or approve, requests for relief under this train control system on or after Octo- paragraph for additional line segments ber 16, 2008, shall be integrated into where each such segment carries less PTC systems required by this subpart; than 15 million gross tons annually and and their warnings shall be appro- where it is established to the satisfac- priately and timely enforced as de- tion of the Associate Administrator scribed in the applicable PTCSP. that risk mitigations will be applied (2) The applicable PTCSP must pro- that will ensure that risk of a release vide for receipt and presentation to the of PIH materials is negligible. locomotive engineer and other train (D) Failure to submit sufficient in- crew members of warnings from any formation will result in the denial of additional hazard detectors using the any request under this paragraph PTC data network, onboard displays, (b)(4)(ii). If the request is granted, on and audible alerts. If the PTCSP so and after the date the line would have provides, the action to be taken by the otherwise been required to be equipped system and by the crew members shall under the schedule contained in the be specified. PTCIP and approved by FRA, oper- (3) The PTCDP (as applicable) and ations on the line shall be conducted in PTCSP for any new service described in accordance with any conditions at- § 236.1007 to be conducted above 90 miles tached to the grant, including imple- per hour shall include a hazard anal- mentation of proposed mitigations as ysis describing the hazards relevant to applicable. the specific route(s) in question (e.g., (5) Line sales. FRA does not approve potential for track obstruction due to removal of a line from the PTCIP ex- events such as falling rock or under- clusively based upon a representation mining of the track structure due to that a track segment will be abandoned high water or displacement of a bridge or sold to another railroad. In the over navigable waters), the basis for event a track segment is approved for decisions concerning hazard detectors abandonment or transfer by the Sur- provided, and the manner in which face Transportation Board, FRA will such additional hazard detectors will review at the request of the transfer- be interfaced with the PTC system. ring and acquiring railroads whether (d) Event recorders. (1) Each lead loco- the requirement to install PTC on the motive, as defined in part 229, of a line should be removed given all of the train equipped and operating with a circumstances, including expected traf- PTC system required by this subpart fic and hazardous materials levels, res- must be equipped with an operative ervation of trackage or haulage rights event recorder, which shall: by the transferring railroad, routing (i) Record safety-critical train con- analysis under part 172 of this chapter, trol data routed to the locomotive en- commercial and real property arrange- gineer’s display that the engineer is re- ments affecting the transferring and quired to comply with; acquiring railroads post-transfer, and (ii) Specifically include text mes- such other factors as may be relevant sages conveying mandatory directives, to continue safe operations on the line. maximum authorized speeds, PTC sys- If FRA denies the request, the acquir- tem brake warnings, PTC system brake ing railroad shall install the PTC sys- enforcements, and the state of the PTC tem on the schedule provided in the system (e.g., cut in, cut out, active, or transferring railroad’s PTCIP, without failed); and

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(iii) Include examples of how the cap- lent safety proposed to FRA and ap- tured data will be displayed during proved by the Associate Administrator playback along with the format, con- in accordance with this part; or tent, and data retention duration re- (ii) Would create an unacceptable quirements specified in the PTCSP risk. Unacceptable risk includes condi- submitted and approved pursuant to tions when traversing the switch, even this paragraph. If such train control at low speeds, could result in direct data can be calibrated against other conflict with the movement of another data required by this part, it may, at train (including a hand-operated cross- the election of the railroad, be retained over between main tracks, a hand-oper- in a separate memory module. ated crossover between a main track (2) Each lead locomotive, as defined and an adjoining siding or auxiliary in part 229, manufactured and in serv- track, or a hand-operated switch pro- ice after October 1, 2009, that is viding access to another subdivision or equipped and operating with a PTC sys- branch line, etc.). tem required by this subpart, shall be equipped with an event recorder mem- (3) A PTC system required by this ory module meeting the crash hard- subpart shall be designed, installed, ening requirements of § 229.135 of this and maintained to perform the switch chapter. position detection and enforcement de- (3) Nothing in this subpart excepts scribed in paragraphs (e)(1) and (e)(2) of compliance with any of the event re- this section, except as provided for and corder requirements contained in justified in the applicable, FRA ap- § 229.135 of this chapter. proved PTCDP or PTCSP. (e) Switch position. The following re- (4) The control circuit or electronic quirements apply with respect to deter- equivalent for all movement authori- mining proper switch position under ties over any switches, movable-point this section. When a main line switch frogs, or derails shall be selected position is unknown or improperly through circuit controller or function- aligned for a train’s route in advance of ally equivalent device operated di- the train’s movement, the PTC system rectly by the switch points, derail, or will provide warning of the condition by switch locking mechanism, or associated with the following enforce- through relay or electronic device con- ment: trolled by such circuit controller or (1) A PTC system shall enforce re- functionally equivalent device, for stricted speed over any switch: each switch, movable-point frog, or de- (i) Where train movements are made rail in the route governed. Circuits or with the benefit of the indications of a electronic equivalent shall be arranged wayside or cab signal system or other so that any movement authorities less similar appliance, method, device, or restrictive than those prescribed in system of equivalent safety proposed to paragraphs (e)(1) and (e)(2) of this sec- FRA and approved by the Associate tion can only be provided when each Administrator in accordance with this switch, movable-point frog, or derail in part; and (ii) Where wayside or cab signal sys- the route governed is in proper posi- tem or other similar appliance, meth- tion, and shall be in accordance with od, device, or system of equivalent subparts A through G of this part, un- safety, requires the train to be oper- less it is otherwise provided in a ated at restricted speed. PTCSP approved under this subpart. (2) A PTC system shall enforce a (f) Train-to-train collision. A PTC sys- positive stop short of any main line tem shall be considered to be config- switch, and any switch on a siding ured to prevent train-to-train colli- where the allowable speed is in excess sions within the meaning of paragraph of 20 miles per hour, if movement of (a) of this section if trains are required the train over the switch: to be operated at restricted speed and (i) Is made without the benefit of the if the onboard PTC equipment enforces indications of a wayside or cab signal the upper limits of the railroad’s re- system or other similar appliance, stricted speed rule (15 or 20 miles per method, device, or system of equiva- hour). This application applies to:

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(1) Operating conditions under which tion, the rerouting request shall be trains are required by signal indication self-executing unless the applicable Re- or operating rule to: gional Administrator responds with a (i) Stop before continuing; or notice disapproving of the rerouting or (ii) Reduce speed to restricted speed providing instructions to allow rerout- and continue at restricted speed until ing. Such instructions may include encountering a more favorable indica- providing additional information to tion or as provided by operating rule. the Regional Administrator or Asso- (2) Operation of trains within the ciate Administrator prior to the com- limits of a joint mandatory directive. mencement of rerouting. Once the Re- (g) Temporary rerouting. A train gional Administrator responds with a equipped with a PTC system as re- notice under this paragraph, no rerout- quired by this subpart may be tempo- ing may occur until the Regional Ad- rarily rerouted onto a track not ministrator or Associate Adminis- equipped with a PTC system and a trator provides his or her approval. train not equipped with a PTC system (2) In the event the temporary re- may be temporarily rerouted onto a routing described in paragraph (g)(2) of track equipped with a PTC system as this section is to exceed 30 consecutive required by this subpart in the fol- calendar days: lowing circumstances: (i) The railroad shall provide a re- (1) Emergencies. In the event of an quest in accordance with paragraphs (i) emergency—including conditions such and (j) of this section with the Asso- as derailment, flood, fire, tornado, hur- ciate Administrator no less than 10 ricane, earthquake, or other similar business days prior to the planned re- circumstance outside of the railroad’s routing; and control—that would prevent usage of (ii) The rerouting shall not com- the regularly used track if: mence until receipt of approval from (i) The rerouting is applicable only the Associate Administrator. until the emergency condition ceases (i) Content of rerouting request. Each to exist and for no more than 14 con- notice or request referenced in para- secutive calendar days, unless other- graph (g) and (h) of this section must wise extended by approval of the Asso- indicate: ciate Administrator; (1) The dates that such temporary re- (ii) The railroad provides written or routing will occur; telephonic notification to the applica- (2) The number and types of trains ble Regional Administrator of the in- that will be rerouted; formation listed in paragraph (i) of this (3) The location of the affected section within one business day of the tracks; and beginning of the rerouting made in ac- (4) A description of the necessity for cordance with this paragraph; and the temporary rerouting. (iii) The conditions contained in (j) Rerouting conditions. Rerouting of paragraph (j) of this section are fol- operations under paragraph (g) of this lowed. section may occur under the following (2) Planned maintenance. In the event conditions: of planned maintenance that would (1) Where a train not equipped with a prevent usage of the regularly used PTC system is rerouted onto a track track if: equipped with a PTC system, or a train (i) The maintenance period does not not equipped with a PTC system that is exceed 30 days; compatible and functionally responsive (ii) A request is filed with the appli- to the PTC system utilized on the line cable Regional Administrator in ac- to which the train is being rerouted, cordance with paragraph (i) of this sec- the train shall be operated in accord- tion no less than 10 business days prior ance with § 236.1029; or to the planned rerouting; and (2) Where any train is rerouted onto (iii) The conditions contained in a track not equipped with a PTC sys- paragraph (j) of this section are fol- tem, the train shall be operated in ac- lowed. cordance with the operating rules ap- (h) Rerouting requests. (1) For the pur- plicable to the line on which the train poses of paragraph (g)(2) of this sec- is rerouted.

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(k) Rerouting cessation. The applicable an annualized (calendar year) percent- Regional Administrator may order a age for the railroad as a whole. railroad to cease any rerouting pro- (2) Each railroad shall adhere to its vided under paragraph (g) or (h) of this PTCIP and shall report, on April 16, of section. 2011, 2012, 2013, and 2014, its progress to- EFFECTIVE DATE NOTE: At 75 FR 59117, ward achieving the goals set under Sept. 27, 2010, § 236.1005 was amended by revis- paragraph (b)(1) of this section. In the ing paragraph (b)(4)(i)(A)(2), effective No- event any annual goal is not achieved, vember 26, 2010. For the convenience of the the railroad shall further report the ac- user, the revised text is set forth as follows: tions it is taking to ensure achieve- § 236.1005 Requirements for Positive Train ment of subsequent annual goals. Control systems. (3) On and after December 31, 2015, a train controlled by a locomotive with * * * * * an onboard PTC apparatus that has failed en route is permitted to operate (b) * * * in accordance with § 236.1029. (4) * * * (4) A train operated by a Class II or (i) * * * (A) * * * Class III railroad, including a tourist (2) In the case of current or planned ces- or excursion railroad, and controlled sation of PIH materials traffic over a track by a locomotive not equipped with an segment, FRA will approve an exclusion of a onboard PTC apparatus is permitted to line from the PTCIP if the railroad satisfies operate on a PTC-operated track seg- the requirements of § 236.1020. ment: (i) That either: * * * * * (A) Has no regularly scheduled inter- city or commuter passenger rail traf- § 236.1006 Equipping locomotives oper- fic; or ating in PTC territory. (B) Has regularly scheduled intercity (a) Except as provided in paragraph or commuter passenger rail traffic and (b) of this section, each train operating the applicable PTCIP permits the oper- on any track segment equipped with a ation of a train operated by a Class II PTC system shall be controlled by a lo- or III railroad and controlled by a loco- comotive equipped with an onboard motive not equipped with an onboard PTC apparatus that is fully operative PTC apparatus; and functioning in accordance with the (ii) Where operations are restricted applicable PTCSP approved under this to four or less such unequipped trains subpart. per day, whereas a train conducting a (b) Exceptions. (1) Prior to December ‘‘turn’’ operation (e.g., moving to a 31, 2015, each railroad required to in- point of interchange to drop off or pick stall PTC shall include in its PTCIP up cars and returning to the track specific goals for progressive imple- owned by a Class II or III railroad) is mentation of onboard systems and de- considered two trains for this purpose; ployment of PTC-equipped locomotives and such that the safety benefits of PTC are achieved through incremental (iii) Where each movement shall ei- growth in the percentage of controlling ther: locomotives operating on PTC lines (A) Not exceed 20 miles in length; or that are equipped with operative PTC (B) To the extent any movement ex- onboard equipment. The PTCIP shall ceeds 20 miles in length, such move- include a brief but sufficient expla- ment is not permitted without the con- nation of how those goals will be trolling locomotive being equipped achieved, including assignment of re- with an onboard PTC system after De- sponsibilities within the organization. cember 31, 2020, and each applicable The goals shall be expressed as the per- Class II or III railroad shall report to centage of trains operating on PTC- FRA its progress in equipping each equipped lines that are equipped with necessary locomotive with an onboard operative onboard PTC apparatus re- PTC apparatus to facilitate continu- sponsive to the wayside, expressed as ation of the movement. The progress

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