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DOT/FRA RIN: 2130-AC95 Publication ID: Fall 2023 
Title: ●Positive Train Control Systems(Section 610 Review) 

This rulemaking will amend FRA’s PTC regulations- Title 49 Code of Federal Regulations (CFR) part 236, subpart I- to accomplish two objectives: (1) Improve FRA’s oversight of the performance of PTC technology by clarifying and expanding certain reporting requirements, and (2) provide a clear framework under which railroads may safely operate without PTC technology, subject to operating restrictions and other requirements, in certain necessary situations.

FRA has found that its existing PTC regulations do not provide sufficient flexibility to railroads to continue operating following initialization failures or in cases where a PTC system needs to be temporarily disabled during repair, maintenance, infrastructure upgrades, or capital projects. Previously, FRA’s regulations provided railroads with flexibility that expired on December 31, 2022, and this rulemaking will reintroduce a certain flexibility regarding initialization failures, establish additional parameters and operating restrictions under which railroads may continue to operate safely, and codify an existing process for FRA’s approval of temporary PTC system outages related to repair, maintenance, infrastructure upgrades, and capital projects.

In addition, this rulemaking will create a new exception to permit non-revenue passenger trains to operate to yards or maintenance facilities, without being governed by PTC technology, under certain conditions.

Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 49 CFR 1003    49 CFR 1006    49 CFR 1021    49 CFR 1023    49 CFR 1029   
Legal Authority: 49 U.S.C. 20157    49 U.S.C. 20103   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses  Federalism: Undetermined 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Amanda Maizel
Department of Transportation
Federal Railroad Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 493-8014