FRA OKs PTC RFA Process

Certain railroads can jointly file an RFA “with a streamlined list of content requirements,” and such RFAs would “generally be considered self-executing within 30 days of the filing date,” subject to certain conditions.

The Federal Railroad Administration (FRA) is allowing certain railroads to use an alternative request for amendment (RFA) process rather than the existing 49 CFR § 236.1021 process before making “certain material modifications to an FRA-certified Interoperable Train Control (ITC) positive train control (PTC) system or its accompanying PTC Safety Plan (PTCSP),” the American Short Line and Regional Railroad Association (ASLRRA) reported.

ASLRRA and the Association of American Railroads (AAR) requested a waiver of compliance in August 2020. Now approved, it applies to association member railroads operating an ITC PTC system certified as a mixed PTC system by FRA and any host railroad obtaining mixed PTC system certification in the future, according to ASLRRA, which received a decision letter Jan. 21:

Previously, a railroad had to first submit and obtain FRA approval of an RFA. Now, multiple railroads can jointly file an RFA “with a streamlined list of content requirements.” Such RFAs would be reviewed within 45 days.

In December, FRA released a Notice of Proposed Rulemaking (NPRM) to revise regulations on changes to PTC systems and reporting PTC system functioning. It identified two existing provisions, 49 CFR 236.1021 and 236.1029(h). It is seeking to modify how a host railroad submits an RFA to their approved PTC Safety Plan before making certain changes to its FRA-certified PTC system. The move would “enable the industry to deploy upgrades and technological enhancements more efficiently, and ensure FRA’s review of changes or modifications to FRA-certified systems is more predictable and consistent going forward,” according to FRA. Written comments are due Feb. 16.