FRA Proposed Rule on Postive Train Control Announced as Regulatory Reform

The Federal Railroad Administration published a proposed rule today eliminating the need for railroads to conduct risk analysis for certain tracks that will not have Positive Train Control (PTC). Positive Train Control, an automated system to prevent train collisions, was mandated by the 2008 Rail Safety Improvement Act (RSIA) following several high-profile accidents. The PTC rule published in 2010 generally required PTC on tracks carrying PIH (poison by inhalation) traffic and inter-city passenger traffic. Under the original process, railroads could avoid installing PTC on certain tracks if risk analyses were performed.

The proposed revision to the PTC rule eliminates the requirement that risk a analysis be performed on track that will not carry PIH traffic or regular passenger service as of December 31, 2015.

An interesting side note to the issuance of the proposed revision is that the revised rule appears to be both the product of both a legal challenge to the PTC rule by the Association of American Railroads (AAR), and the Administration-mandated regulatory review. The AAR challenged the original regulation's risk analysis test and baseline assumptions made by the FRA. According the USDOT's press release, the newly proposed rule is part of the Administration's efforts to provide "regulatory releif." Today's NPRM, however, is also the result of a settlement agreement between the FRA and AAR over the challenged regulation. The comment period on the NPRM is open until October 24, 2011.