SUPPLEMENTARY INFORMATION:

In general, Title 49 United States Code (U.S.C.) 20157(h) requires FRA to certify that a host railroad's PTC system complies with Title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Under 49 CFR 236.1023(j) and 236.1029(a), when any safety-critical PTC system, subsystem, or component fails to perform its intended function, the cause must be determined and the faulty product adjusted, repaired, or replaced without undue delay. Until corrective action is completed, a railroad shall take appropriate action as specified in its PTC Safety Plan (PTCSP).

FRA conditionally certified PATH's CBTC PTC system on November 27, 2018. Since that time, to FRA's knowledge, PATH's PTC system has operated reliably performing its intended functions, except in May 2022. Recently, PATH experienced two safety incidents on May 12 and May 17, 2022, with its PTC system. In response to ( printed page 32495) these safety incidents and until the cause of the incidents was determined, PATH operated its PTC system in manual mode. Through investigation, testing, and replication of the events that led to the safety incidents, PATH determined on May 23, 2022, the cause to be a software error. PATH subsequently developed a procedural mitigation to prevent the unique series of events that resulted in the safety incident. PATH is in parallel rectifying the software error.

PATH requested to operate its PTC system in manned automatic train control mode, with a procedural mitigation to prohibit the unique series of events that resulted in the safety incident, which FRA approved temporarily. As noted above, FRA's PTC regulations require PATH to repair the software error without undue delay. See49 CFR 236.1023(j), 236.1029(a).

FRA will publish a further notice, including an opportunity for comment, when PATH submits a request for amendment (RFA) to its PTCSP that will include the update to PATH's PTC system rectifying the software error, in accordance with 49 CFR 236.1021. As background, before making certain changes to an FRA-certified PTC system or the associated FRA-approved PTCSP, a host railroad must submit, and obtain FRA's approval of, an RFA to its PTCSP. Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will publish a notice in the Federal Register and invite public comment in accordance with 49 CFR part 211, if an RFA includes a request for approval of a material modification of a signal and train control system.

Privacy Act Notice

In accordance with 49 CFR 211.3, FRA solicits comments from the public to better inform its decisions. DOT posts these comments, without edit, including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/​privacy. See https://www.regulations.gov/​privacy-notice for the privacy notice of regulations.gov. To facilitate comment tracking, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. If you wish to provide comments containing proprietary or confidential information, please contact FRA for alternate submission instructions.

87 FR 32494