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Alternative Schedule INFORMATION AND PROCEDURAL REQUIREMENTS Federal Railroad Administration Positive Train Control (PTC) Symposium #1 Presentation #2 June 15, 2018 Outline 1. What Is an Alternative Schedule and Sequence? 2.


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“Alternative Schedule”

INFORMATION AND PROCEDURAL REQUIREMENTS

Federal Railroad Administration – Positive Train Control (PTC) Symposium #1 Presentation #2 June 15, 2018

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Outline

  • 1. What Is an “Alternative Schedule

and Sequence”?

  • 2. Which Railroads Need an

Alternative Schedule?

  • 3. Procedures for Requesting an

Alternative Schedule

  • 4. FRA’s Review and Decision

Process

  • 5. Industry Insights on How to

Prepare the “Written Notification” to FRA

2

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Section 1

What Is an Alternative What Is an Alternative Schedule a and nd S Sequence?

3

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Statutory Deadline and Alternative Schedule

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By default, the deadline for full implementation of an FRA-certified and interoperable PTC system is December 31, 2018. A railroad may request an “alternative schedule and sequence” to complete the full implementation of a PTC system by a deadline that is both as soon as practicable and no later than December 31, 2020.

  • Limit

ited ed Scope e of the Alter ternat ative e Sched edule: e: During the maximum two-year

period, a railroad may continue, for example, to test its system, obtain PTC System Certification, achieve interoperability (i.e., the ability of the PTC system to control the locomotives of the host railroad and tenant railroads), and fully implement its PTC system.

  • FRA

FRA’s Rol

  • le: The Positive Train Control Enforcement and Implementation Act
  • f 2015 (PTCEI Act) requires FRA to approve a railroad’s alternative schedule if

a railroad submits a written notification and demonstrates the railroad has met the statutory criteria necessary to qualify for an alternative schedule under 49 U.S.C. § 20157(a)(3)(B).

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Section 2

Which Railroads Need an Which Railroads Need an Al Alter ernat ative S e Sched hedul ule? e?

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Which Railroads Need an Alternative Schedule?

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Do I need an alternative schedule? Will an FRA-certified and interoperable PTC system be fully implemented on all route miles in your PTC Implementation Plan by December 31, 2018? Yes No alternative schedule is required. The railroad needs an alternative schedule. No

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Who Can Request an Alternative Schedule? (1 of 2)

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Th The Host t Rail ailroad and and/or An Any R Rai ailroad w with ith a a PT PTC I Implementati tion Plan ( an (PT PTCI CIP) P)

  • As the host railroad submitted the PTCIP that governs PTC system

implementation on its main lines subject to the statutory mandate and a PTC system must be implemented in accordance with the PTCIP, the s e statu atute a antic icip ipat ates es t that t at the h e host r t railroad ad, a and any rail ailroad with ith a a PT PTCIP, w would s submit an al an alternati tive s schedule, i if an f any, and the fo e formal al “ “writ itten n n notific ificati ation” to to F FRA.

  • A host railroad’s alternative schedule would automatically extend

to all tenant railroads that operate on the host railroad’s main lines, as set forth in the host railroad’s PTCIP. However, please see slide #12 regarding the special cases of tenant intercity passenger

  • r commuter railroads that do NOT have their own PTCIP.
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Who Can Request an Alternative Schedule? (2 of 2)

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The T e Tenan enant R Railroad ad

  • Nothing in the statute necessarily prevents a tenant railroad from

directly seeking FRA’s approval of an alternative schedule with a deadline no later than December 31, 2020, if the tenant railroad satisfies the statutory criteria and the host railroad permits the railroad to utilize an alternative schedule.

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Section 3

Requirements and Requirements and Pr Procedures f for R Requesting an Al Alter ernat ative S Sched edul ule

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Overview of Statutory Process

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To obtain FRA’s approval of an alternative schedule and sequence, a railroad must (in this order):

1. Meet the statutory criteria necessary to qualify for an alternative schedule under 49 U.S.C. § 20157(a)(3)(B)(i)−(vii); and 2. Submit a writt tten n notif tific icatio ion to FRA and demonstra rate, to FRA’s satisfaction, that the railroad has met the statutory criteria to qualify for an alternative schedule.

 Addressed to Associate Administrator Robert C. Lauby and uploaded on FRA’s Secure Information Repository (https://sir.fra.dot.gov).

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Scope of Written Notification (1 of 3)

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The Written Notification Shall Demonstrate That:

The rail ailroad s submitt ittin ing th the w e written notif

  • tific

icatio tion (i (i.e., th ., the e hos

  • st

t rail ailroad or

  • r

any r railroad

  • ad with a

h a PTCIP) ) has met all statutory criteria.

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Scope of Written Notification (2 of 3)

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I. I. Limited Cas ases es Wher ere a a Te Tenant Inter tercity ty Passen enger ger or Commuter er Railroad ad Doe

  • es NOT Have Its Own PTCIP

IP:

  • Exam

amples es: All Aboard Florida; Altamont Corridor Express; Northstar Commuter Rail; and Tri-County Metropolitan Transportation District of Oregon.

  • If your host railroad’s written notification does not demonstrate that you have also

met the statutory criteria necessary to qualify for an alternative schedule, you must submit your own written notification requesting an alternative schedule that demonstrates you have met the statutory criteria. Please cross-reference the quantity

  • f your locomotives that are listed in the host railroad’s PTCIP.
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Scope of Written Notification (3 of 3)

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II. II. Limited Cas ases es Wher ere a a Commuter Rai ailroad Has as Its Own PTCIP But t Consider ers Itsel elf Primar aril ily a Tenan ant-on

  • nly Railroa
  • ad:
  • Exam

amples es: Connecticut Department of Transportation; Maryland Area Regional Commuter; Sounder Commuter Rail; and Virginia Railway Express.

  • Consistent with the statute, as you have a PTCIP, FRA’s preference is that you submit

the written notification requesting an alternative schedule. However, as an option, you may provide all necessary documentation showing you have met the statutory criteria to your host railroad, if your host railroad will submit the written notification

  • n your behalf. Otherwise, you must do so.
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Overview of Statutory Criteria to Qualify for an Alternative Schedule

Criterion 1 Hardware

All PTC System Hardware Installed

Criterion 2 Spectrum

All Spectrum Acquired (If Applicable)

Criterion 3 Training

Sufficient Training Completed

Criterion 4 Revenue Service Demonstration (RSD) Class I Railroads and Amtrak Initiated RSD or Implemented a PTC System on >50% of Territories or Route Miles Any Other Railroad

Initiated RSD on ONE Territory

Met Any Other Criteria Established by FRA (i.e., Substitute Criteria)

Criterion 5 Included Alternative Schedule in PTCIP

Deadline as Soon as Practicable But NLT 12/31/2020 Criterion 6 Certified in writing it will be in full compliance with 49 U.S.C. § 20157 on or before the alt. schedule deadline

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Criterion #1 – All Hardware Installation (1 of 2)

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By December 31, 2018, Installed the Total Amount of PTC System Hardware That Will Be Installed for PTC System Implementation

A railroad must demonstrate that all PTC system hardware has been installed, consistent with the total als of each major hardware category provided in its PTCIP.

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Criterion #1 – All Hardware Installation (2 of 2)

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By December 31, 2018, Installed the Total Amount of PTC System Hardware That Will Be Installed for PTC System Implementation

For example, the PTCEI Act defines the following as the major categories of PTC system hardware: locomotive apparatuses, locomotives radios, wayside interface units (including any associated legacy signal system replacements), communication towers or poles, switch position monitors, wayside radios, base station radios, and physical back office system equipment. This list is not exhaustive. A railroad must demonstrate it has installed the total amount of any and all hardware specifically identified in the railroad’s PTCIP.

Note: This criterion is related only to the installation of HARDWARE—not software or other components, and not commissioning.

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Criterion #2 – All Spectrum Acquisition

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By December 31, 2018, Acquired All Spectrum Necessary for Implementation of the PTC System

Consistent with the railroad’s PTCIP (e.g., based on each geographical area)

Note: Some PTC systems, including Enhanced Automatic Train Control, do not use spectrum.

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Criterion #3 – Employee Training (1 of 2)

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Completed the Employee Training Required Under 49 CFR Part 236, Subpart I

Established the training program required under 49 CFR 236.1041 through 236.1049

Trained all applicable and necessary personnel* in any territory (or segment thereof) where the PTC system is in field testing or RSD, or being operated in revenue service

AN AND

*Continued on next slide.

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Criterion #3 – Employee Training (2 of 2)

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*Und nder 4 49 C CFR part t 236, s sub ubpart t I, the following ng p personne nel mu must r t receive trai aining reg egar arding P PTC s system ems:

  • Persons who install, maintain, repair, modify, inspect, and test the PTC

system;

  • Persons who dispatch train operations or other office control personnel;
  • Persons who operate trains or serve as a train or engine crew member;
  • Roadway workers whose duties require them to know and understand

how a train control system affects their safety and how to avoid interfering with its proper functioning; and

  • Direct supervisors of the above persons.

Pl Please s see 49 ee 49 CFR R §§ §§ 236.1041−236.1049 for relevant information regarding traini ining ng r requir ired u und nder FRA’s P PTC regulati tions ns. .

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Criterion #4 – Advanced Testing or Implementation

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Class I Railroads and Amtrak

Initiated RSDor implemented a PTC system on:

>50% of the territ itor

  • ries (e.g.,

subdivisions or districts) the railroad

  • wns or controls that are required to

have operations governed by a PTC system. >50% of the route m e miles es the railroad

  • wns or controls that are required to

have operations governed by a PTC system.

OR

(See F FAQs on

  • n S

Slides 2 22 and 2 23)

(1 of 2)

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Criterion #4 – Advanced Testing or Implementation

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Class I Railroads and Amtrak

Initiated RSD or implemented a PTC system on >50%

Metric: Territories (e.g., subdivisions or districts) or route mile les the railroad owns

  • r controls and that are

subject to the mandate

Any Other Railroad

Initiated RSD on at least 1 territory that is required to have

  • perations governed by

a PTC system

Met any other criteria established by FRA

OR

See Presentation #3

(2 of 2)

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Frequently Asked Questions about Criterion #4 (1 of 2)

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What i is a a terri ritory? ry?

It is an entire “track segment” identified in your PTCIP—for example, in the section where you list the risk-based schedule and sequence in which track segments will be

  • equipped. Congress also provided “subdivisions or districts” as examples in the

PTCEI Act.

What at c cons nstit itutes es i ini nitiat tiating ing R RSD o

  • n a

n a te territ itory?

1) Requesting and obtaining FRA’s written approval to commence RSD under 49 CFR § 236.1035; 2) Meeting the preconditions that FRA imposes in its approval letter; and 3) In fact initiating RSD on the entire territory.

*As a note, Class I railroads and Amtrak may instead meet the applicable criterion by demonstrating that the railroad has initiated RSD on over 50% of the route te m miles that it owns or controls and that are required to have operations governed by a PTC system.

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Frequently Asked Questions about Criterion #4 (2 of 2)

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Do Does this crit iterio ion req equir ire that t al all ten tenant rai ailroads must t be e in RSD to too?

  • No. The host railroad’s RSD testing or revenue service operations are

sufficient to meet this criterion. Do Does this crit iterio ion req equir ire that t 100 100% of host t rail ailroad train ins need eed to to be e in RSD D or in reven enue e service? e? Not for purposes of this criterion. (However, please ensure you continue to comply with all conditions FRA imposed in its conditional RSD approval letter and/or conditional PTC System Certification). If there will ll be be mult ltiple le PTC systems on the territory (e (e.g., I-ETMS MS and ACSES II), must al all PTC system ems be e in RSD to to meet eet this is crit iterion? No; one PTC system is sufficient for purposes of this criterion.

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Criterion #5 – Alternative Schedule

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Criterion: Included in Its PTCIP an Alternative Schedule and Sequence

In its written notification, a railroad must demonstrate that the alternative schedule and sequence included in its PTCIP is as soo

  • on as

pract ctica cable, and it may be no later than December 31, 2020.

Please thoroughly explain and justify a railroad’s determination that the proposed deadline is “as soon as practicable.”

Best P Pract actices es

  • Review and u

d updat date a e all relevant nt s sections

  • ns o
  • f a

a rail ilroad’s P PTCIP, , in including th the r ris isk- based s d sequen ence a ce and d ev ever ery a aspec ect r regar ardi ding the s sche hedule f for ful ull imp mplementa tatio tion of a a PTC system; and

  • Incl

clude t e the a e alter ernat ative e sch ched edule f e for imp mplementin ting a a PTC system em i in a a railroad ad’s ’s PTCIP IP a as soon

  • on a

as possible a e and d bef efore the r railroad s submits its w writte ten n n notif ification.

  • n.
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Criterion #6 – Other Written Obligation

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Written Assurances

You must certify to the Secretary of Transportation in writing that the railroad will be in full compliance with the requirements of 49 U.S.C. § 20157 on or before the deadline in the alternative schedule.

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Procedure for Requesting an Alternative Schedule (1 of 2)

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1. Submit a request to amend the railroad’s PTCIP for any and all modifications to the entire PTCIP and ensure the PTCIP includes the proposed alternative schedule (with a deadline that is as soon as practicable, but no later than December 31, 2020). See 49 U.S.C. § 20157(a)(2)(B)−(C); 49 CFR § 236.1021. 2. Submit the written notification required under 49 U.S.C. § 20157(a)(3)(A)−(B) demonstrating the railroad has met the statutory criteria necessary to qualify for FRA’s approval of an alternative schedule.

  • Upload to FRA’s Secure Information Repository (https://sir.fra.dot.gov).
  • Address to: Mr. Robert C. Lauby, PE

Associate Administrator for Railroad Safety and Chief Safety Officer Federal Railroad Administration, U.S. Department of Transportation 1200 New Jersey Avenue, SE West Building, Third Floor (Mail Stop 25) Washington, DC 20590

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Procedure for Requesting an Alternative Schedule (2 of 2)

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Reminders:

  • A rai

ailroad ad m may s submit i its w written n en notification a n as s soon a n as i it meet ets, and nd can d n demons nstrate i e it has as m met et, t the s e statutory criteria nec necessary t to qualify f for FR FRA ap approval.

  • A railroad’s revise

sed P PTCI CIP a and w writt tten noti tifi ficati tion will be uploaded to the railroad’s PTC docket on regulations.gov.

  • If a railroad seeks confidential treatment of any portion thereof, it must comply with

the requirements under 49 CFR §§ 209.11 and 236.1009(e)(3), including:

  • Providing a statement justifying each request for confidentiality and referring to the

specific legal basis for confidential treatment;

  • Providing three required versions: (1) an original, unredacted version; (2) a redacted

version of the document; and (3) a version that is marked/highlighted to indicate which portions are redacted in the confidential version without obscuring the contents; and

  • Comply with all other requirements under 49 CFR § 209.11. FRA reserves the right to

make its own determination with regard to any claim of confidentiality. See 49 CFR § 209.11(e).

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Section 4

FRA’s R Revi view a and D Decision Pr Process

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FRA’s Statutory Review Time of a Railroad’s Written Notification Requesting Approval of an Alternative Schedule

Please Note: By law, the December 31, 2018, deadline is automatically extended until the date on which FRA approves or denies a railroad’s alternative schedule, if the decision date is after December 31, 2018. If FRA approves the alternative schedule, the deadline is the date specified in the railroad’s alternative schedule, which may be no later than December 31, 2020. 49 U.S.C. § 20157(a)(3)(D). Within 90 days total, FRA must notify the railroad in writing of FRA’s decision, based on the requirements of the statute.

Within 45 days, FRA will notify the railroad of any deficiencies that would prevent FRA approval and provide an opportunity to correct the deficiencies.

Railroad submits formal written notification to FRA under 49 U.S.C. § 20157(a)(3).

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Next Presentation Indus ustry Insight hts o

  • n Ho

How t to Prep epare t the “ he “Writt itten Notificat ation” t to F FRA

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Questions?

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