Professional Documents
Culture Documents
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Pt. 236 49 CFR Ch. II (10–1–11 Edition)
236.305 Approach or time locking. Subpart D—Traffic Control Systems
236.306 Facing point lock or switch-and-lock
movement. STANDARDS
236.307 Indication locking. 236.401 Automatic block signal system and
236.308 Mechanical or electric locking or interlocking standards applicable to traf-
electric circuits; requisites. fic control systems.
236.309 Loss of shunt protection; where re- 236.402 Signals controlled by track circuits
quired. and control operator.
236.310 Signal governing approach to home 236.403 Signals at controlled point.
signal. 236.404 Signals at adjacent control points.
236.311 Signal control circuits, selection 236.405 Track signaled for movements in
through track relays or devices func- both directions, change of direction of
tioning as track relays and through sig- traffic.
nal mechanism contacts and time re- 236.406 [Reserved]
leases at automatic interlocking. 236.407 Approach or time locking; where re-
236.312 Movable bridge, interlocking of sig- quired.
nal appliances with bridge devices. 236.408 Route locking.
236.313 [Reserved] 236.409 [Reserved]
236.314 Electric lock for hand-operated 236.410 Locking, hand-operated switch; re-
switch or derail. quirements.
RULES AND INSTRUCTIONS RULES AND INSTRUCTIONS
236.326 Mechanical locking removed or dis- 236.426 Interlocking rules and instructions
arranged; requirement for permitting applicable to traffic control systems.
train movements through interlocking.
236.327 Switch, movable-point frog or split- INSPECTION AND TESTS
point derail.
236.476 Interlocking inspections and tests
236.328 Plunger of facing-point lock.
applicable to traffic control systems.
236.329 Bolt lock.
236.330 Locking dog of switch-and-lock
Subpart E—Automatic Train Stop, Train
movement.
236.331–236.333 [Reserved]
Control and Cab Signal Systems
236.334 Point detector. STANDARDS
236.335 Dogs, stops and trunnions of me-
chanical locking. 236.501 Forestalling device and speed con-
236.336 Locking bed. trol.
236.337 Locking faces of mechanical lock- 236.502 Automatic brake application, initi-
ing; fit. ation by restrictive block conditions
236.338 Mechanical locking required in ac- stopping distance in advance.
cordance with locking sheet and dog 236.503 Automatic brake application; initi-
chart. ation when predetermined rate of speed
236.339 Mechanical locking; maintenance re- exceeded.
quirements. 236.504 Operation interconnected with auto-
236.340 Electromechanical interlocking ma- matic block-signal system.
chine; locking between electrical and 236.505 Proper operative relation between
mechanical levers. parts along roadway and parts on loco-
236.341 Latch shoes, rocker links, and motive.
quandrants. 236.506 Release of brakes after automatic
236.342 Switch circuit controller. application.
236.507 Brake application; full service.
INSPECTION AND TESTS 236.508 Interference with application of
brakes by means of brake valve.
236.376 Mechanical locking. 236.509 Two or more locomotives coupled.
236.377 Approach locking. 236.510 [Reserved]
236.378 Time locking. 236.511 Cab signals controlled in accordance
236.379 Route locking. with block conditions stopping distance
236.380 Indication locking. in advance.
236.381 Traffic locking. 236.512 Cab signal indication when loco-
236.382 Switch obstruction test. motive enters block where restrictive
236.383 Valve locks, valves, and valve conditions obtain.
magnets. 236.513 Audible indicator.
236.384 Cross protection. 236.514 Interconnection of cab signal system
236.385 [Reserved] with roadway signal system.
236.386 Restoring feature on power switches. 236.515 Visibility of cab signals.
236.387 Movable bridge locking. 236.516 Power supply.
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Federal Railroad Administration, DOT Pt. 236
RULES AND INSTRUCTIONS; ROADWAY 236.590 Pneumatic apparatus.
236.526 Roadway element not functioning Subpart F—Dragging Equipment and Slide
properly.
Detectors and Other Similar Protective
236.527 Roadway element insulation resist-
Devices
ance.
236.528 Restrictive condition resulting from STANDARDS
open hand-operated switch; requirement.
236.601 Signals controlled by devices; loca-
236.529 Roadway element inductor; height tion.
and distance from rail.
236.530 [Reserved] Subpart G—Definitions
236.531 Trip arm; height and distance from
rail. 236.700 Definitions.
236.532 Strap iron inductor; use restricted. 236.701 Application, brake; full service.
236.702 Arm, semaphore.
236.533 [Reserved]
236.703 Aspect.
236.534 Entrance to equipped territory; re- 236.704 [Reserved]
quirements. 236.705 Bar, locking.
236.706 Bed, locking.
RULES AND INSTRUCTIONS; LOCOMOTIVES 236.707 Blade, semaphore.
236.551 Power supply voltage; requirement. 236.708 Block.
236.552 Insulation resistance; requirement. 236.709 Block, absolute.
236.553 Seal, where required. 236.710 Block, latch.
236.711 Bond, rail joint.
236.554 Rate of pressure reduction; equal-
236.712 Brake pipe.
izing reservoir or brake pipe. 236.713 Bridge, movable.
236.555 Repaired or rewound receiver coil. 236.714 Cab.
236.556 Adjustment of relay. 236.715–236.716 [Reserved]
236.557 Receiver; location with respect to 236.717 Characteristics, operating.
rail. 236.718 Chart, dog.
236.558–236.559 [Reserved] 236.719 Circuit, acknowledgment.
236.560 Contact element, mechanical trip 236.720 Circuit, common return.
type; location with respect to rail. 236.721 Circuit, control.
236.561 [Reserved] 236.722 Circuit, cut-in.
236.723 Circuit, double wire; line.
236.562 Minimum rail current required.
236.724 Circuit, shunt fouling.
236.563 Delay time. 236.725 Circuit, switch shunting.
236.564 Acknowledging time. 236.726 Circuit, track.
236.565 Provision made for preventing oper- 236.727 Circuit, track; coded.
ation of pneumatic break-applying appa- 236.728 Circuit, trap.
ratus by double-heading cock; require- 236.729 Cock, double heading.
ment. 236.730 Coil, receiver.
236.566 Locomotive of each train operating 236.731 Controller, circuit.
in train stop, train control or cab signal 236.732 Controller, circuit; switch.
territory; equipped. 236.733 Current, foreign.
236.567 Restrictions imposed when device 236.734 Current of traffic.
236.735 Current, leakage.
fails and/or is cut out en route.
236.736 Cut-section.
236.568 Difference between speeds author- 236.737 Cut-section, relayed.
ized by roadway signal and cab signal; 236.738 Detector, point.
action required. 236.739 Device, acknowledging.
236.740 Device, reset.
INSPECTION AND TESTS; ROADWAY 236.741 Distance, stopping.
236.576 Roadway element. 236.742 Dog, locking.
236.577 Test, acknowledgement, and cut-in 236.743 Dog, swing.
circuits. 236.744 Element, roadway.
236.745 Face, locking.
INSPECTION AND TESTS; LOCOMOTIVE 236.746 Feature, restoring.
236.747 Forestall.
236.586 Daily or after trip test. 236.748 [Reserved]
236.587 Departure test. 236.749 Indication.
236.588 Periodic test. 236.750 Interlocking, automatic.
236.589 Relays. 236.751 Interlocking, manual.
236.752 Joint, rail, insulated.
236.753 Limits, interlocking.
236.754 Line, open wire.
236.755 Link, rocker.
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Pt. 236 49 CFR Ch. II (10–1–11 Edition)
236.756 Lock, bolt. 236.820 Switch, interlocked.
236.757 Lock, electric. 236.820a Switch, power-operated.
236.758 Lock, electric, forced drop. 236.821 Switch, sectionalizing.
236.759 Lock, facing point. 236.822 Switch, spring.
236.760 Locking, approach. 236.823 Switch, trailing point.
236.761 Locking, electric. 236.824 System, automatic block signal.
236.762 Locking, indication. 236.825 System, automatic train control.
236.763 Locking, latch operated. 236.826 System, automatic train stop.
236.764 Locking, lever operated. 236.827 System, block signal.
236.765 Locking, mechanical. 236.828 System, traffic control.
236.766 Locking, movable bridge. 236.829 Terminal, initial.
236.767 Locking, route. 236.830 Time, acknowledging.
236.768 Locking, time. 236.831 Time, delay.
236.769 Locking, traffic. 236.831a Track, main.
236.770 Locomotive. 236.832 Train.
236.771 Machine, control. 236.833 Train, opposing.
236.772 Machine, interlocking. 236.834 Trip.
236.773 Movements, conflicting. 236.835 Trunking.
236.774 Movement, facing. 236.836 Trunnion.
236.775 Movement, switch-and-lock. 236.837 Valve, electro-pneumatic.
236.776 Movement, trailing. 236.838 Wire, shunt.
236.777 Operator, control.
236.778 Piece, driving. Subpart H—Standards for Processor-Based
236.779 Plate, top. Signal and Train Control Systems
236.780 Plunger, facing point lock.
236.781 [Reserved] 236.901 Purpose and scope.
236.782 Point, controlled. 236.903 Definitions.
236.783 Point, stop-indication. 236.905 Railroad Safety Program Plan
236.784 Position, deenergized. (RSPP).
236.785 Position, false restrictive. 236.907 Product Safety Plan (PSP).
236.786 Principle, closed circuit. 236.909 Minimum performance standard.
236.787 Protection, cross. 236.911 Exclusions.
236.913 Filing and approval of PSPs.
236.787a Railroad.
236.915 Implementation and operation.
236.788 Receiver.
236.917 Retention of records.
236.789 Relay, timing.
236.919 Operations and Maintenance Man-
236.790 Release, time.
ual.
236.791 Release, value.
236.921 Training and qualification program,
236.792 Reservoir, equalizing.
general.
236.793 Rod, lock.
236.923 Task analysis and basic require-
236.794 Rod, up-and-down.
ments.
236.795 Route.
236.925 Training specific to control office
236.796 Routes, conflicting.
personnel.
236.797 Route, interlocked.
236.927 Training specific to locomotive engi-
236.798 Section, dead.
neers and other operating personnel.
236.799 Section, fouling.
236.929 Training specific to roadway work-
236.800 Sheet, locking.
ers.
236.801 Shoe, latch.
236.802 Shunt.
Subpart I—Positive Train Control Systems
236.802a Siding.
236.803 Signal, approach. 236.1001 Purpose and scope.
236.804 Signal, block. 236.1003 Definitions.
236.805 Signal, cab. 236.1005 Requirements for Positive Train
236.806 Signal, home. Control systems.
236.807 Signal, interlocking. 236.1006 Equipping locomotives operating in
236.808 Signals, opposing. PTC territory.
236.809 Signal, slotted mechanical. 236.1007 Additional requirements for high-
236.810 Spectacle, semaphore arm. speed service.
236.811 Speed, medium. 236.1009 Procedural requirements.
236.812 Speed, restricted. 236.1011 PTC Implementation Plan content
236.813 Speed, slow. requirements.
236.813a State, most restrictive. 236.1013 PTC Development Plan and Notice
236.814 Station, control. of Product Intent content requirements
236.815 Stop. and Type Approval.
236.816 Superiority of trains. 236.1015 PTC Safety Plan content require-
236.817 Switch, electro-pneumatic. ments and PTC System Certification.
236.818 Switch, facing point. 236.1017 Independent third party
236.819 Switch, hand operated. Verification and Validation.
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Federal Railroad Administration, DOT § 236.0
236.1019 Main line track exceptions. (c)(1) Prior to January 17, 2012, where
236.1020 Exclusion of track segments for im- a passenger train is operated at a speed
plementation due to cessation of PIH of 60 or more miles per hour, or a
materials service or rerouting.
236.1021 Discontinuances, material modi- freight train is operated at a speed of
fications, and amendments. 50 or more miles per hour—
236.1023 Errors and malfunctions. (i) A block signal system complying
236.1025 [Reserved] with the provisions of this part shall be
236.1027 PTC system exclusions. installed; or
236.1029 PTC system use and en route fail- (ii) A manual block system shall be
ures.
placed permanently in effect that shall
236.1031 Previously approved PTC systems.
236.1033 Communications and security re- conform to the following conditions:
quirements. (A) A passenger train shall not be ad-
236.1035 Field testing requirements. mitted to a block occupied by another
236.1037 Records retention. train except when absolutely necessary
236.1039 Operations and Maintenance Man- and then only by operating at re-
ual. stricted speed;
236.1041 Training and qualification program,
general.
(B) No train shall be admitted to a
236.1043 Task analysis and basic require- block occupied by a passenger train ex-
ments. cept when absolutely necessary and
236.1045 Training specific to office control then only by operating at restricted
personnel. speed;
236.1047 Training specific to locomotive en- (C) No train shall be admitted to a
gineers and other operating personnel. block occupied by an opposing train ex-
236.1049 Training specific to roadway work-
ers.
cept when absolutely necessary and
then only while one train is stopped
APPENDIX A TO PART 236—CIVIL PENALTIES
APPENDIX B TO PART 236—APPENDIX B TO and the other is operating at restricted
PART 236—RISK ASSESSMENT CRITERIA speed; and
APPENDIX C TO PART 236—SAFETY ASSURANCE (D) A freight train, including a work
CRITERIA AND PROCESSES train, may be authorized to follow a
APPENDIX D TO PART 236—INDEPENDENT RE- freight train, including a work train,
VIEW OF VERIFICATION AND VALIDATION into a block and then only when the
APPENDIX E TO PART 236—HUMAN-MACHINE following train is operating at re-
INTERFACE (HMI) DESIGN
APPENDIX F TO PART 236—MINIMUM REQUIRE- stricted speed.
MENTS OF FRA DIRECTED INDEPENDENT (2) On and after January 17, 2012,
THIRD-PARTY ASSESSMENT OF PTC SYS- where a passenger train is permitted to
TEM SAFETY VERIFICATION AND VALIDA- operate at a speed of 60 or more miles
TION per hour, or a freight train is permitted
AUTHORITY: 49 U.S.C. 20102–20103, 20107, to operate at a speed of 50 or more
20133, 20141, 20157, 20301–20303, 20306, 20501– miles per hour, a block signal system
20505, 20701–20703, 21301–21302, 21304; 28 U.S.C. complying with the provisions of this
2461, note; and 49 CFR 1.49. part shall be installed, unless an FRA
SOURCE: 33 FR 19684, Dec. 25, 1968, unless approved PTC system meeting the re-
otherwise noted. quirements of this part for the subject
speed and other operating conditions is
§ 236.0 Applicability, minimum re- installed.
quirements, and penalties. (d)(1) Prior to December 31, 2015,
(a) Except as provided in paragraph where any train is permitted to operate
(b) of this section, this part applies to at a speed of 80 or more miles per hour,
all railroads and any person as defined an automatic cab signal, automatic
in paragraph (f) of this section. train stop, or automatic train control
(b) This part does not apply to— system complying with the provisions
(1) A railroad that operates only on of this part shall be installed, unless an
track inside an installation that is not FRA approved PTC system meeting the
part of the general railroad system of requirements of this part for the sub-
transportation; or ject speed and other operating condi-
(2) Rapid transit operations in an tions, is installed.
urban area that are not connected to (2) On and after December 31, 2015,
the general railroad system of trans- where any train is permitted to operate
portation. at a speed of 80 or more miles per hour,
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§ 236.0 49 CFR Ch. II (10–1–11 Edition)
a PTC system complying with the pro- part for a statement of agency civil
visions of subpart I shall be installed penalty policy.
and operational, unless FRA approval (g) A person may also be subject to
to continue to operate with an auto- criminal penalties for knowingly and
matic cab signal, automatic train stop, wilfully making a false entry in a
or automatic train control system record or report required to be made
complying with the provisions of this under this part, filing a false record or
part has been justified to, and approved report, or violating any of the provi-
by, the Associate Administrator. sions of 49 U.S.C. 21311.
(3) Subpart H of this part sets forth
(h) The requirements of subpart H of
requirements for voluntary installa-
this part apply to safety-critical proc-
tion of PTC systems, and subpart I of
this part sets forth requirements for essor-based signal and train control
mandated installation of PTC systems, systems, including subsystems and
each under conditions specified in their components thereof, developed under
respective subpart. the terms and conditions of that sub-
(e) Nothing in this section authorizes part.
the discontinuance of a block signal (i) Preemptive effect. (1) Under 49
system, interlocking, traffic control U.S.C. 20106, issuance of these regula-
system, automatic cab signal, auto- tions preempts any state law, regula-
matic train stop or automatic train tion, or order covering the same sub-
control system, or PTC system, with- ject matter, except an additional or
out approval by the FRA under part 235 more stringent law, regulation, or
of this title. However, a railroad may order that is necessary to eliminate or
apply for approval of discontinuance or reduce an essentially local safety or se-
material modification of a signal or curity hazard; is not incompatible with
train control system in connection a law, regulation, or order of the
with a request for approval of a Posi- United States Government; and that
tive Train Control Development Plan does not impose an unreasonable bur-
(PTCDP) or Positive Train Control den on interstate commerce.
Safety Plan (PTCSP) as provided in
(2) This part establishes federal
subpart I of this part.
standards of care for railroad signal
(f) Any person (an entity of any type
covered under 1 U.S.C. 1, including but and train control systems. This part
not limited to the following: a railroad; does not preempt an action under state
a manager, supervisor, official, or law seeking damages for personal in-
other employee or agent of a railroad; jury, death, or property damage alleg-
any owner, manufacturer, lessor, or ing that a party has failed to comply
lessee of railroad equipment, track, or with the federal standard of care estab-
facilities; any independent contractor lished by this part, including a plan or
providing goods or services to a rail- program required by this part. Provi-
road; and any employee of such owner, sions of a plan or program which ex-
manufacturer, lessor, lessee, or inde- ceed the requirements of this part are
pendent contractor) who violates any not included in the federal standard of
requirement of this part or causes the care.
violation of any such requirement is (3) Under 49 U.S.C. 20701–20703,
subject to a civil penalty of at least issuance of these regulations preempts
$650 and not more than $25,000 per vio- the field of locomotive safety, extend-
lation, except that: Penalties may be ing to the design, the construction, and
assessed against individuals only for the material of every part of the loco-
willful violations, and, where a grossly motive and tender and all appur-
negligent violation or a pattern of re- tenances thereof.
peated violations has created an immi-
nent hazard of death or injury to per- [49 FR 3382, Jan. 26, 1984, as amended at 53
sons, or has caused death or injury, a FR 52936, Dec. 29, 1988; 63 FR 11624, Mar. 10,
penalty not to exceed $100,000 per viola- 1998; 69 FR 30595, May 28, 2004; 70 FR 11095,
tion may be assessed. Each day a viola- Mar. 7, 2005; 72 FR 51198, Sept. 6, 2007; 73 FR
tion continues shall constitute a sepa- 79704, Dec. 30, 2008; 75 FR 2698, Jan. 15, 2010]
rate offense. See appendix A to this
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Federal Railroad Administration, DOT § 236.10
Subpart A—Rules and Instructions: the point, or with facing-point lock and
All Systems circuit controller, shall be so main-
tained that when point is open one-
GENERAL fourth inch or more on facing-point
switch and three-eights inch or more
§ 236.1 Plans, where kept. on trailing-point switch, track or con-
As required for maintenance, plans trol circuits will be opened or shunted
shall be kept at all interlockings, auto- or both, and if equipped with facing-
matic signals and controlled points. point lock with circuit controller,
Plans shall be legible and correct. switch cannot be locked. On such hand-
[49 FR 3382, Jan. 26, 1984] operated switch, switch circuit control-
lers, facing-point locks, switch-and-
§ 236.2 Grounds. lock movements, and their connections
Each circuit, the functioning of shall be securely fastened in place, and
which affects the safety of train oper- contacts maintained with an opening
ations, shall be kept free of any ground of not less than one-sixteenth inch
or combination of grounds which will when open.
permit a flow of current equal to or in
excess of 75 percent of the release value § 236.7 Circuit controller operated by
of any relay or other electromagnetic switch-and-lock movement.
device in the circuit, except circuits Circuit controller operated by
which include any track rail and ex-
switch-and-lock movement shall be
cept the common return wires of sin-
maintained so that normally open con-
gle-wire, single-break, signal control
circuits using a grounded common, and tacts will remain closed and normally
alternating current power distribution closed contacts will remain open until
circuits which are grounded in the in- the switch is locked.
terest of safety.
§ 236.8 Operating characteristics of
§ 236.3 Locking of signal apparatus electromagnetic, electronic, or elec-
housings. trical apparatus.
Signal apparatus housings shall be Signal apparatus, the functioning of
secured against unauthorized entry. which affects the safety of train oper-
[49 FR 3382, Jan. 26, 1984]
ation, shall be maintained in accord-
ance with the limits within which the
§ 236.4 Interference with normal func- device is designed to operate.
tioning of device.
[49 FR 3382, Jan. 26, 1984]
The normal functioning of any device
shall not be interfered with in testing § 236.9 Selection of circuits through in-
or otherwise without first taking meas- dicating or annunciating instru-
ures to provide for safety of train oper- ments.
ation which depends on normal func-
Signal control and electric locking
tioning of such device.
circuits shall not be selected through
[49 FR 3382, Jan. 26, 1984] the contacts of instruments designed
primarily for indicating or annun-
§ 236.5 Design of control circuits on
closed circuit principle. ciating purposes in which an indicating
element attached to the armature is
All control circuits the functioning arranged so that it can in itself cause
of which affects safety of train oper-
improper operation of the armature.
ation shall be designed on the closed
circuit principle, except circuits for § 236.10 Electric locks, force drop type;
roadway equipment of intermittent where required.
automatic train stop system.
Electric locks on new installations
§ 236.6 Hand-operated switch equipped and new electric locks applied to exist-
with switch circuit controller. ing installations shall be of the forced
Hand-operated switch equipped with drop type.
switch circuit controller connected to
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§ 236.11 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.23
§ 236.17 Pipe for operating connec- ROADWAY SIGNALS AND CAB SIGNALS
tions, requirements.
(a) Steel or wrought-iron pipe one § 236.21 Location of roadway signals.
inch or larger, or members of equal Each roadway signal shall be posi-
strength, shall be used for operating tioned and aligned so that its aspects
connections for switches, derails, mov- can be clearly associated with the
able-point frogs, facing-point locks, track it governs.
rail-locking devices of movable bridge
protected by interlocking, and me- [49 FR 3383, Jan. 26, 1984]
chanically operated signals, except up-
and-down rod which may be three- § 236.22 Semaphore signal arm; clear-
ance to other objects.
fourths inch pipe or solid rod. Pipe
shall be fully screwed into coupling and At least one-half inch clearance shall
both ends of each pipe shall be riveted be provided between semaphore signal
to pipe plug with 2 rivets. arm, and any object that may interfere
(b) Pipeline shall not be out of align- with its operation.
ment sufficiently to interfere with
proper operation, shall be properly § 236.23 Aspects and indications.
compensated for temperature changes, (a) Aspects shall be shown by the po-
and supported on carriers spaced not sition of semaphore blades, color of
more than 8 feet apart on tangent and
lights, position of lights, flashing of
curve of less than 2° and not more than
lights, or any combination thereof.
7 feet apart on curve of 2° or more.
With lever in any position, couplings in They may be qualified by marker plate,
pipe line shall not foul carriers. number plate, letter plate, marker
light, shape and color of semaphore
[49 FR 3383, Jan. 26, 1984] blades or any combination thereof, sub-
§ 236.18 Software management control ject to the following conditions:
plan. (1) Night aspects of roadway signals,
except qualifying appurtenances, shall
(a) Within 6 months of June 6, 2005,
be shown by lights; day aspects by
each railroad shall develop and adopt a
software management control plan for lights or semaphore arms. A single
its signal and train control systems. A white light shall not be used.
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§ 236.24 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.60
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§ 236.71 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.110
relay shall be tested at least once be maintained at not less than 90 per-
every 2 years; and cent of the predetermined time inter-
(c) Relay with soft iron magnetic val, which shall be shown on the plans
structure shall be tested at least once or marked on the time release, timing
every 2 years. relay, or timing device.
[49 FR 3384, Jan. 26, 1984] [49 FR 3384, Jan. 26, 1984]
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§ 236.201 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.303
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§ 236.304 49 CFR Ch. II (10–1–11 Edition)
698
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Federal Railroad Administration, DOT § 236.334
signals for such conflicting routes dis- locking is provided by electric locking
play ‘‘stop’’ aspects; and (3) through or electric circuits, train movements
normal contacts of time releases, time through the interlocking shall not be
element relays, or timing devices for permitted until each switch, movable-
such conflicting routes, or contacts of point frog or derail in the route is
relays repeating the normal position or spiked, clamped or blocked in proper
normal state of such time releases, position so that it cannot be moved by
time element relays, or timing devices. its controlling lever, and then train
movements shall not exceed restricted
[49 FR 3385, Jan. 26, 1984]
speed until the interlocking is restored
§ 236.312 Movable bridge, interlocking to normal operation. It will not be nec-
of signal appliances with bridge de- essary to comply with this requirement
vices. at interlockings where protection is in
service in accordance with section 303,
When movable bridge is protected by
provided that the signal controls are
interlocking the signal appliances shall
arranged so that the signals cannot
be so interlocked with bridge devices
display an aspect the indication of
that before a signal governing move-
which is less restrictive than ‘‘proceed
ments over the bridge can display an
at restricted speed.’’
aspect to proceed the bridge must be
locked and the track alined, with the § 236.327 Switch, movable-point frog or
bridge locking members within one split-point derail.
inch of their proper positions and with Switch, movable-point frog, or split-
the track rail on the movable span point derail equipped with lock rod
within three-eighths inch of correct shall be maintained so that it can not
surface and alinement with rail seating be locked when the point is open three-
device on bridge abutment or fixed eighths inch or more.
span. Emergency bypass switches and
devices shall be locked or sealed. [49 FR 3385, Jan. 26, 1984]
[33 FR 19684, Dec. 25, 1968, as amended at 49 § 236.328 Plunger of facing-point lock.
FR 3385, Jan. 26, 1984]
Plunger of lever operated facing-
§ 236.313 [Reserved] point lock shall have at least 8-inch
stroke. When lock lever is in unlocked
§ 236.314 Electric lock for hand-oper- position the end of the plunger shall
ated switch or derail. clear the lock rod not more than one
Electric lock shall be provided for inch.
each hand-operated switch or derail
§ 236.329 Bolt lock.
within interlocking limits, except
where train movements are made at Bolt lock shall be so maintained that
not exceeding 20 miles per hour. At signal governing movements over
manually operated interlocking it switch or derail and displaying an as-
shall be controlled by operator of the pect indicating stop cannot be operated
machine and shall be unlocked only to display a less restrictive aspect
after signals governing movements while derail is in derailing position, or
over such switch or derail display as- when switch point is open one-half inch
pects indicating stop. Approach or time or more.
locking shall be provided.
§ 236.330 Locking dog of switch-and-
RULES AND INSTRUCTIONS lock movement.
Locking dog of switch-and-lock
§ 236.326 Mechanical locking removed movement shall extend through lock
or disarranged; requirement for rod one-half inch or more in either nor-
permitting train movements mal or reverse position.
through interlocking.
When mechanical locking of inter- §§ 236.331–236.333 [Reserved]
locking machine is being changed or is
removed from the machine, or locking § 236.334 Point detector.
becomes disarranged or broken, unless Point detector shall be maintained so
protection equivalent to mechanical that when switch mechanism is locked
699
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§ 236.335 49 CFR Ch. II (10–1–11 Edition)
700
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Federal Railroad Administration, DOT § 236.403
701
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§ 236.404 49 CFR Ch. II (10–1–11 Edition)
702
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Federal Railroad Administration, DOT § 236.504
703
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§ 236.505 49 CFR Ch. II (10–1–11 Edition)
704
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Federal Railroad Administration, DOT § 236.551
705
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§ 236.552 49 CFR Ch. II (10–1–11 Edition)
706
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Federal Railroad Administration, DOT § 236.586
§ 236.24 shall take into consideration device is inoperative train may proceed
the delay time. at not to exceed 79 miles per hour.
§ 236.564 Acknowledging time. § 236.568 Difference between speeds
Acknowledging time of intermittent authorized by roadway signal and
automatic train-stop device shall be cab signal; action required.
not more than 30 seconds. If for any reason a cab signal author-
izes a speed different from that author-
§ 236.565 Provision made for pre-
venting operation of pneumatic ized by a roadway signal, when a train
brake-applying apparatus by dou- enters the block governed by such
ble-heading cock; requirement. roadway signal, the lower speed shall
Where provision is made for pre- not be exceeded.
venting the operation of the pneumatic
INSPECTION AND TESTS; ROADWAY
brake-applying appartus of an auto-
matic train stop or train control device § 236.576 Roadway element.
when the double-heading cock is placed
in double-heading position, the auto- Roadway elements, except track cir-
matic train stop or train control device cuits, including those for test purposes,
shall not be cut out before communica- shall be gaged monthly for height and
tion is closed between the engineman’s alinement, and shall be tested at least
automatic brake valve and the brake every 6 months.
pipe, when operating double-heading
cock toward double-heading position. § 236.577 Test, acknowledgement, and
cut-in circuits.
§ 236.566 Locomotive of each train op-
erating in train stop, train control Test, acknowledgement, and cut-in
or cab signal territory; equipped. circuits shall be tested at least once
every twelve months.
The locomotive from which brakes
are controlled, of each train operating [49 FR 3387, Jan. 26, 1984]
in automatic train stop, train control,
or cab signal territory shall be INSPECTION AND TESTS; LOCOMOTIVE
equipped with apparatus responsive to
the roadway equipment installed on all § 236.586 Daily or after trip test.
or any part of the route traversed, and (a) Except where tests prescribed by
such apparatus shall be in operative § 236.588 are performed at intervals of
condition. not more than 2 months, each loco-
§ 236.567 Restrictions imposed when motive equipped with an automatic cab
device fails and/or is cut out en signal or train stop or train control de-
route. vice operating in equipped territory
Where an automatic train stop, train shall be inspected for damage to the
control, or cab signal device fails and/ equipment and tested at least once
or is cut out enroute, train may pro- each calendar day or within 24 hours
ceed at restricted speed or if an auto- before departure upon each trip.
matic block signal system is in oper- (b) Each equipped locomotive shall be
ation according to signal indication tested to determine the locomotive
but not to exceed medium speed, to the equipment is responsive to the wayside
next available point of communication equipment and shall be cycled to deter-
where report must be made to a des- mine the device functions as intended.
ignated officer. Where no automatic (c) Each locomotive equipped with
block signal system is in use train intermittent inductive automatic train
shall be permitted to proceed at re- stop or non-coded continuous inductive
stricted speed or where automatic automatic train stop or non-coded con-
block signal system is in operation ac- tinuous inductive automatic train con-
cording to signal indication but not to trol device shall be tested to determine
exceed medium speed to a point where that the pickup of the device is within
absolute block can be established.
specified limits.
Where an absolute block is established
in advance of the train on which the [49 FR 3387, Jan. 26, 1984]
707
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§ 236.587 49 CFR Ch. II (10–1–11 Edition)
708
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Federal Railroad Administration, DOT § 236.719
709
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§ 236.720 49 CFR Ch. II (10–1–11 Edition)
the track rails at each signal in terri- § 236.729 Cock, double heading.
tory where an automatic train stop A manually operated valve by means
system or cab signal system of the con- of which the control of brake operation
tinuous inductive type with 2-indica- is transferred to the leading loco-
tion cab signals is in service, to enforce motive.
acknowledgement by the engineman at
each signal displaying an aspect requir- § 236.730 Coil, receiver.
ing a stop. Concentric layers of insulated wire
wound around the core of a receiver of
§ 236.720 Circuit, common return.
an automatic train stop, train control
A term applied where one wire is or cab signal device on a locomotive.
used for the return of more than one
electric circuit. § 236.731 Controller, circuit.
A device for opening and closing elec-
§ 236.721 Circuit, control. tric circuits.
An electrical circuit between a
§ 236.732 Controller, circuit; switch.
source of electric energy and a device
which it operates. A device for opening and closing elec-
tric circuits, operated by a rod con-
§ 236.722 Circuit, cut-in. nected to a switch, derail or movable-
point frog.
A roadway circuit at the entrance to
automatic train stop, train control or § 236.733 Current, foreign.
cab signal territory by means of which
locomotive equipment of the contin- A term applied to stray electric cur-
rents which may affect a signaling sys-
uous inductive type is actuated so as to
tem, but which are not a part of the
be in operative condition.
system.
§ 236.723 Circuit, double wire; line. § 236.734 Current of traffic.
An electric circuit not employing a The movement of trains on a speci-
common return wire; a circuit formed fied track in a designated direction.
by individual wires throughout.
§ 236.735 Current, leakage.
§ 236.724 Circuit, shunt fouling.
A stray electric current of relatively
The track circuit in the fouling sec- small value which flows through or
tion of a turnout, connected in mul- across the surface of insulation when a
tiple with the track circuit in the main voltage is impressed across the insula-
track. tion.
710
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Federal Railroad Administration, DOT § 236.753
711
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§ 236.754 49 CFR Ch. II (10–1–11 Edition)
712
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Federal Railroad Administration, DOT § 236.786
713
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§ 236.787 49 CFR Ch. II (10–1–11 Edition)
714
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Federal Railroad Administration, DOT § 236.819
715
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§ 236.820 49 CFR Ch. II (10–1–11 Edition)
716
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Federal Railroad Administration, DOT § 236.903
CROSS REFERENCE: Trip-arm, see § 236.744. plains to FRA Associate Administrator
for Safety’s satisfaction the following:
§ 236.835 Trunking. (i) How the objectives of any such re-
A casing used to protect electrical quirements are met by the product;
conductors. (ii) Why the objectives of any such
requirements are not relevant to the
§ 236.836 Trunnion. product; or
(iii) How the requirement is satisfied
A cylindrical projection supporting a
using alternative means. (See
revolving part.
§ 236.907(a)(14)).
§ 236.837 Valve, electro-pneumatic. (2) Products subject to this subpart
are also subject to applicable require-
A valve electrically operated which, ments of parts 233, 234 and 235 of this
when operated, will permit or prevent chapter. See § 234.275 of this chapter
passage of air. with respect to use of this subpart to
qualify certain products for use within
§ 236.838 Wire, shunt. highway-rail grade crossing warning
A wire forming part of a shunt cir- systems.
cuit. (3) Information required to be sub-
mitted by this subpart that a sub-
Subpart H—Standards for Proc- mitter deems to be trade secrets, or
essor-Based Signal and Train commercial or financial information
that is privileged or confidential under
Control Systems Exemption 4 of the Freedom of Infor-
mation Act, 5 U.S.C. 552(b)(4), shall be
SOURCE: 70 FR 11095, Mar. 7, 2005, unless so labeled in accordance with the pro-
otherwise noted. visions of § 209.11 of this chapter. FRA
handles information so labeled in ac-
§ 236.901 Purpose and scope.
cordance with the provisions of § 209.11
(a) What is the purpose of this subpart? of this chapter.
The purpose of this subpart is to pro-
mote the safe operation of processor- § 236.903 Definitions.
based signal and train control systems, As used in this subpart—
subsystems, and components that are Associate Administrator for Safety
safety-critical products, as defined in means the Associate Administrator for
§ 236.903, and to facilitate the develop- Safety, FRA, or that person’s delegate
ment of those products. as designated in writing.
(b) What topics does it cover? This sub- Component means an element, device,
part prescribes minimum, perform- or appliance (including those whose na-
ance-based safety standards for safety- ture is electrical, mechanical, hard-
critical products, including require- ware, or software) that is part of a sys-
ments to ensure that the development, tem or subsystem.
installation, implementation, inspec- Configuration management control plan
tion, testing, operation, maintenance, means a plan designed to ensure that
repair, and modification of those prod- the proper and intended product con-
ucts will achieve and maintain an ac- figuration, including the hardware
ceptable level of safety. This subpart components and software version, is
also prescribes standards to ensure documented and maintained through
that personnel working with safety- the life-cycle of the products in use.
critical products receive appropriate Employer means a railroad, or con-
training. Each railroad may prescribe tractor to a railroad, that directly en-
additional or more stringent rules, and gages or compensates individuals to
other special instructions, that are not perform the duties specified in § 236.921
inconsistent with this subpart. (a).
(c) What other rules apply? (1) This Executive software means software
subpart does not exempt a railroad common to all installations of a given
from compliance with the require- product. It generally is used to sched-
ments of subparts A through G of this ule the execution of the site-specific
part, except to the extent a PSP ex- application programs, run timers, read
717
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§ 236.903 49 CFR Ch. II (10–1–11 Edition)
718
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Federal Railroad Administration, DOT § 236.905
719
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§ 236.907 49 CFR Ch. II (10–1–11 Edition)
(ii) Denies the petition, setting forth the life cycle of the product, including
reasons for denial; or maximum threshold limits for each
(iii) Requests additional information. hazard (for unidentified hazards, the
(3) If no action is taken on the peti- threshold shall be exceeded at one oc-
tion within 180 days, the petition re- currence);
mains pending for decision. The peti- (7) A risk assessment, as prescribed
tioner is encouraged to contact FRA in § 236.909 and appendix B to this part;
for information concerning its status. (8) A hazard mitigation analysis, in-
(4) FRA may reopen consideration of cluding a complete and comprehensive
any previously-approved petition for description of all hazards to be ad-
cause, providing reasons for such ac- dressed in the system design and devel-
tion. opment, mitigation techniques used,
(d) How are RSPP’s modified? (1) Rail-
and system safety precedence followed,
roads shall obtain FRA approval for
as prescribed by the applicable RSPP;
any modification to their RSPP which
affects a safety-critical requirement of (9) A complete description of the
a PSP. Other modifications do not re- safety assessment and verification and
quire FRA approval. validation processes applied to the
(2) Petitions for FRA approval of product and the results of these proc-
RSPP modifications are subject to the esses, describing how subject areas cov-
same procedures as petitions for initial ered in appendix C to this part are ei-
RSPP approval, as specified in para- ther: addressed directly, addressed
graph (c) of this section. In addition, using other safety criteria, or not ap-
such petitions must identify the pro- plicable;
posed modification(s) to be made, the (10) A complete description of the
reason for the modification(s), and the safety assurance concepts used in the
effect of the modification(s) on safety. product design, including an expla-
nation of the design principles and as-
[70 FR 11095, Mar. 7, 2005, as amended at 74
sumptions;
FR 25174, May 27, 2009]
(11) A human factors analysis, includ-
§ 236.907 Product Safety Plan (PSP). ing a complete description of all
(a) What must a PSP contain? The PSP human-machine interfaces, a complete
must include the following: description of all functions performed
(1) A complete description of the by humans in connection with the
product, including a list of all product product to enhance or preserve safety,
components and their physical rela- and an analysis in accordance with ap-
tionship in the subsystem or system; pendix E to this part or in accordance
(2) A description of the railroad oper- with other criteria if demonstrated to
ation or categories of operations on the satisfaction of the Associate Ad-
which the product is designed to be ministrator for Safety to be equally
used, including train movement den- suitable;
sity, gross tonnage, passenger train (12) A complete description of the
movement density, hazardous mate- specific training of railroad and con-
rials volume, railroad operating rules, tractor employees and supervisors nec-
and operating speeds; essary to ensure the safe and proper in-
(3) An operational concepts docu- stallation, implementation, operation,
ment, including a complete description maintenance, repair, inspection, test-
of the product functionality and infor- ing, and modification of the product;
mation flows; (13) A complete description of the
(4) A safety requirements document, specific procedures and test equipment
including a list with complete descrip- necessary to ensure the safe and proper
tions of all functions which the product installation, implementation, oper-
performs to enhance or preserve safety; ation, maintenance, repair, inspection,
(5) A document describing the man- testing, and modification of the prod-
ner in which product architecture sat- uct. These procedures, including cali-
isfies safety requirements; bration requirements, shall be con-
(6) A hazard log consisting of a com- sistent with or explain deviations from
prehensive description of all safety-rel- the equipment manufacturer’s rec-
evant hazards to be addressed during ommendations;
720
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Federal Railroad Administration, DOT § 236.907
(14) An analysis of the applicability with § 236.915. However, the risk assess-
of the requirements of subparts A ment for the product must dem-
through G of this part to the product onstrate that operation of the product,
that may no longer apply or are satis- as modified by any predefined change,
fied by the product using an alter- satisfies the minimum performance
native method, and a complete expla- standard.
nation of the manner in which those (2) The PSP must identify configura-
requirements are otherwise fulfilled tion/revision control measures designed
(see § 234.275 of this chapter and to ensure that safety-functional re-
§ 236.901(c)); quirements and safety-critical hazard
(15) A complete description of the mitigation processes are not com-
necessary security measures for the promised as a result of any such
product over its life-cycle; change. (Software changes involving
(16) A complete description of each safety functional requirements or safe-
warning to be placed in the Operations ty critical hazard mitigation processes
and Maintenance Manual identified in for components in use are also ad-
§ 236.919, and of all warning labels re- dressed in paragraph (c) of this sec-
quired to be placed on equipment as tion.)
necessary to ensure safety; (c) What requirements apply to other
(17) A complete description of all ini- product changes? (1) Incremental
tial implementation testing procedures changes are planned product version
necessary to establish that safety-func- changes described in the initial PSP
tional requirements are met and safe- where slightly different specifications
ty-critical hazards are appropriately are used to allow the gradual enhance-
mitigated; ment of the product’s capabilities. In-
(18) A complete description of: cremental changes shall require
(i) All post-implementation testing verification and validation to the ex-
(validation) and monitoring proce- tent the changes involve safety-critical
dures, including the intervals nec- functions.
essary to establish that safety-func- (2) Changes classified as maintenance
tional requirements, safety-critical require validation.
hazard mitigation processes, and safe- (d) What are the responsibilities of the
ty-critical tolerances are not com- railroad and product supplier regarding
promised over time, through use, or communication of hazards? (1) The PSP
after maintenance (repair, replace- shall specify all contractual arrange-
ment, adjustment) is performed; and ments with hardware and software sup-
(ii) Each record necessary to ensure pliers for immediate notification of
the safety of the system that is associ- any and all safety critical software up-
ated with periodic maintenance, in- grades, patches, or revisions for their
spections, tests, repairs, replacements, processor-based system, sub-system, or
adjustments, and the system’s result- component, and the reasons for such
ing conditions, including records of changes from the suppliers, whether or
component failures resulting in safety- not the railroad has experienced a fail-
relevant hazards (see § 236.917(e)(3)); ure of that safety-critical system, sub-
(19) A complete description of any system, or component.
safety-critical assumptions regarding (2) The PSP shall specify the rail-
availability of the product, and a com- road’s procedures for action upon noti-
plete description of all backup methods fication of a safety-critical upgrade,
of operation; and patch, or revision for this processor-
(20) A complete description of all in- based system, sub-system, or compo-
cremental and predefined changes (see nent, and until the upgrade, patch, or
paragraphs (b) and (c) of this section). revision has been installed; and such
(b) What requirements apply to action shall be consistent with the cri-
predefined changes? (1) Predefined terion set forth in § 236.915(d) as if the
changes are not considered design failure had occurred on that railroad.
modifications requiring an entirely (3) The PSP must identify configura-
new safety verification process, a re- tion/revision control measures designed
vised PSP, and an informational filing to ensure that safety-functional re-
or petition for approval in accordance quirements and safety-critical hazard
721
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§ 236.909 49 CFR Ch. II (10–1–11 Edition)
mitigation processes are not com- (d) What is an abbreviated risk assess-
promised as a result of any such ment, and when may it be used? (1) An
change, and that any such change can abbreviated risk assessment may be
be audited. used in lieu of a full risk assessment to
(4) Product suppliers entering into show compliance with the performance
contractual arrangements for product standard if:
support described in a PSP must (i) No new hazards are introduced as
promptly report any safety-relevant a result of the change;
failures and previously unidentified (ii) Severity of each hazard associ-
hazards to each railroad using the ated with the previous condition does
product. not increase from the previous condi-
tion; and
§ 236.909 Minimum performance stand- (iii) Exposure to such hazards does
ard. not change from the previous condi-
(a) What is the minimum performance tion.
standard for products covered by this sub- (2) An abbreviated risk assessment
part? The safety analysis included in supports the finding required by para-
the railroad’s PSP must establish with graph (a) of this section if it estab-
a high degree of confidence that intro- lishes that the resulting MTTHE for
duction of the product will not result the proposed product is greater than or
in risk that exceeds the previous condi- equal to the MTTHE for the system,
component or method performing the
tion. The railroad shall determine,
same function in the previous condi-
prior to filing its petition for approval
tion. This determination must be sup-
or informational filing, that this stand-
ported by credible safety analysis suffi-
ard has been met and shall make avail-
cient to persuade the Associate Admin-
able the necessary analyses and docu-
istrator for Safety that the likelihood
mentation as provided in this subpart.
of the new product’s MTTHE being less
(b) How does FRA determine whether than the MTTHE for the system, com-
the PSP requirements for products covered ponent, or method performing the same
by subpart H have been met? With re- function in the previous condition is
spect to any FRA review of a PSP, the very small.
Associate Administrator for Safety (3) Alternatively, an abbreviated risk
independently determines whether the assessment supports the finding re-
railroad’s safety case establishes with quired by paragraph (a) of this section
a high degree of confidence that intro- if:
duction of the product will not result (i) The probability of failure for each
in risk that exceeds the previous condi- hazard of the product is equal to or less
tion. In evaluating the sufficiency of the corresponding recommended Spe-
the railroad’s case for the product, the cific Quantitative Hazard Probability
Associate Administrator for Safety Ratings classified as more favorable
considers, as applicable, the factors than ‘‘undesirable’’ by AREMA Manual
pertinent to evaluation of risk assess- Part 17.3.5 (Recommended Procedure
ments, listed in § 236.913(g)(2). for Hazard Identification and Manage-
(c) What is the scope of a full risk as- ment of Vital Electronic/Software-
sessment required by this section? A full Based Equipment Used in Signal and
risk assessment performed under this Train Control Applications), or—in the
subpart must address the safety risks case of a hazard classified as undesir-
affected by the introduction, modifica- able—the Associate Administrator for
tion, replacement, or enhancement of a Safety concurs that mitigation of the
product. This includes risks associated hazard within the framework of the
with the previous condition which are electronic system is not practical and
no longer present as a result of the the railroad proposes reasonable steps
change, new risks not present in the to undertake other mitigation. The Di-
previous condition, and risks neither rector of the Federal Register approves
newly created nor eliminated whose the incorporation by reference of the
nature (probability of occurrence or se- entire AREMA Communications and
verity) is nonetheless affected by the Signal Manual, Volume 4, Section 17—
change. Quality Principles (2005) in this section
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Federal Railroad Administration, DOT § 236.909
in accordance with 5 U.S.C. 552(a) and 1 the PSP. The total risk assessment
CFR part 51. You may obtain a copy of must have a supporting sensitivity
the incorporated standard from Amer- analysis. The analysis must confirm
ican Railway Engineering and Mainte- that the risk metrics of the system are
nance of Way Association, 8201 Cor- not negatively affected by sensitivity
poration Drive, Suite 1125, Landover, analysis input parameters including,
MD 20785–2230. You may inspect a copy for example, component failure rates,
of the incorporated standard at the human factor error rates, and vari-
Federal Railroad Administration, ations in train traffic affecting expo-
Docket Clerk, 1200 New Jersey Avenue, sure. In this context, ‘‘negatively af-
SE., or at the National Archives and fected’’ means that the final residual
Records Administration (NARA). For
risk metric does not exceed that of the
information on the availability of this
base case or that which has been other-
material at NARA, call 202–741–6030, or
go to http://www.archives.gov/ wise established through MTTHE tar-
federallregister/ get. The sensitivity analysis must doc-
codeloflfederallregulations/ ument the sensitivity to worst case
ibrllocations.html; failure scenarios. Appendix B to this
(ii) The product is developed in ac- part provides criteria for acceptable
cordance with: risk assessment methods. Other meth-
(A) AREMA Manual Part 17.3.1 (Com- ods may be acceptable if demonstrated
munications and Signal Manual of Rec- to the satisfaction of the Associate Ad-
ommended Practices, Recommended ministrator for Safety to be equally
Safety Assurance Program for Elec- suitable.
tronic/Software Based Products Used in (2) For the previous condition and for
Vital Signal Applications); the life-cycle of the product, risk levels
(B) AREMA Manual Part 17.3.3 (Com- must be expressed in units of con-
munications and Signal Manual of Rec- sequences per unit of exposure.
ommended Practices, Recommended (i) In all cases exposure must be ex-
Practice for Hardware Analysis for pressed as total train miles traveled
Vital Electronic/Software-Based Equip- per year over the relevant railroad in-
ment Used in Signal and Train Control frastructure. Consequences must iden-
Applications);
tify the total cost, including fatalities,
(C) AREMA Manual Part 17.3.5 (Com-
injuries, property damage, and other
munications and Signal Manual of Rec-
incidental costs, such as potential con-
ommended Practices, Recommended
Practice for Hazard Identification and sequences of hazardous materials in-
Management of Vital Electronic/Soft- volvement, resulting from preventable
ware-Based Equipment Used in Signal accidents associated with the func-
and Train Control Applications); tion(s) performed by the system.
(D) Appendix C of this subpart; and (ii) In those cases where there is pas-
(iii) Analysis supporting the PSP senger traffic, a second risk metric
suggests no credible reason for believ- must be calculated, using passenger-
ing that the product will be less safe miles traveled per year as the expo-
than the previous condition. sure, and total societal costs of pas-
(e) How are safety and risk measured senger injuries and fatalities, resulting
for the full risk assessment? Risk assess- from preventable accidents associated
ment techniques, including both quali- with the function(s) performed by the
tative and quantitative methods, are system, as the consequences.
recognized as providing credible and (3) If the description of railroad oper-
useful results for purposes of this sec- ations for the product required by
tion if they apply the following prin- § 236.907(a)(2) involves changes to the
ciples: physical or operating conditions on the
(1) Safety levels must be measured railroad prior to or within the expected
using competent risk assessment meth-
life cycle of the product subject to re-
ods and must be expressed as the total
view under this subpart, the previous
residual risk in the system over its ex-
pected life-cycle after implementation condition shall be adjusted to reflect
of all mitigating measures described in the lower risk associated with systems
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§ 236.911 49 CFR Ch. II (10–1–11 Edition)
needed to maintain safety and perform- sociate Administrator for Safety, that
ance at higher speeds or traffic vol- the current method of operation is ade-
umes. In particular, the previous condi- quate for a specified volume of traffic
tion must be adjusted for assumed im- in excess of 12 trains per day, but not
plementation of systems necessary to more than 20 trains per day, without
support higher train speeds as specified material delay in the movement of
in § 236.0, as well as other changes re- trains over the territory and without
quired to support projected increases in unreasonable expenditures to expedite
train operations. The following specific those movements when compared with
requirements apply: the expense of installing and maintain-
(i) If the current method of operation ing a traffic control system.
would not be adequate under § 236.0 for (4) In the case review of a PSP that
the proposed operations, then the ad- has been consolidated with a pro-
justed previous condition must include ceeding pursuant to part 235 of this
a system as required under § 236.0, ap- subchapter (see § 236.911(b)), the base
plied as follows: case shall be determined as follows:
(A) The minimum system where a (i) If FRA determines that dis-
passenger train is operated at a speed continuance or modification of the sys-
of 60 or more miles per hour, or a tem should be granted without regard
freight train is operated at a speed of to whether the product is installed on
50 or more miles per hour, shall be a the territory, then the base case shall
traffic control system; be the conditions that would obtain on
(B) The minimum system where a the territory following the discontinu-
train is operated at a speed of 80 or ance or modification. NOTE: This is an
more miles per hour, but not more instance in which the base case is pos-
than 110 miles per hour, shall be an ited as greater risk than the actual
automatic cab signal system with (unadjusted) previous condition be-
automatic train control; and cause the railroad would have obtained
(C) The minimum system where a relief from the requirement to main-
train is operated at a speed of more tain the existing signal or train control
than 110 miles per hour shall be a sys- system even if no new product had been
tem determined by the Associate Ad- proffered.
ministrator for Safety to provide an (ii) If FRA determines that dis-
equivalent level of safety to systems continuance or modification of the sys-
required or authorized by FRA for com- tem should be denied without regard to
parable operations. whether the product is installed on the
(ii) If the current method of oper- territory, then the base case shall re-
ation would be adequate under § 236.0 main the previous condition
for the proposed operations, but the (unadjusted).
current system is not at least as safe (iii) If, after consideration of the ap-
as a traffic control system, then the plication and review of the PSP, FRA
adjusted previous condition must in- determines that neither paragraph
clude a traffic control system in the (e)(4)(i) nor paragraph (e)(4)(ii) of this
event of any change that results in: section should apply, FRA will estab-
(A) An annual average daily train lish a base case that is consistent with
density of more than twelve trains per safety and in the public interest.
day; or
(B) An increase in the annual average [70 FR 11095, Mar. 7, 2005, as amended at 74
daily density of passenger trains of FR 25174, May 27, 2009; 75 FR 2699, Jan. 15,
more than four trains per day. 2010]
(iii) Paragraph (e)(3)(ii)(A) of this
section shall apply in all situations § 236.911 Exclusions.
where train volume will exceed more (a) Does this subpart apply to existing
than 20 trains per day but shall not systems? The requirements of this sub-
apply to situations where train volume part do not apply to products in service
will exceed 12 trains per day but not as of June 6, 2005. Railroads may con-
exceed 20 trains per day, if in its PSP tinue to implement and use these prod-
the railroad makes a showing sufficient ucts and components from these exist-
to establish, in the judgment of the As- ing products.
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Federal Railroad Administration, DOT § 236.913
(b) How will transition cases be han- (b) Under what circumstances must a
dled? Products designed in accordance railroad submit a petition for approval for
with subparts A through G of this part a PSP or PSP amendment, and when may
which are not in service but are devel- a railroad submit an informational filing?
oped or are in the developmental stage Depending on the nature of the pro-
prior to March 7, 2005, may be excluded posed product or change, the railroad
upon notification to FRA by June 6, shall submit either an informational
2005, if placed in service by March 7, filing or a petition for approval. Sub-
2008. Railroads may continue to imple- mission of a petition for approval is re-
ment and use these products and com- quired for PSPs or PSP amendments
ponents from these existing products. concerning installation of new or next-
A railroad may at any time elect to generation train control systems. All
have products that are excluded made other actions that result in the cre-
subject to this subpart by submitting a ation of a PSP or PSP amendment re-
PSP as prescribed in § 236.913 and other- quire an informational filing and are
wise complying with this subpart. handled according to the procedures
(c) How are office systems handled? The outlined in paragraph (c) of this sec-
requirements of this subpart do not tion. Applications for discontinuance
apply to existing office systems and fu- and material modification of signal
ture deployments of existing office sys- and train control systems remain gov-
tem technology. However, a subsystem erned by parts 235 and 211 of this chap-
or component of an office system must ter; and petitions subject to this sec-
comply with the requirements of this tion may be consolidated with any rel-
subpart if it performs safety-critical evant application for administrative
functions within, or affects the safety handling.
performance of, a new or next-genera- (c) What are the procedures for infor-
tion train control system. For purposes mational filings? The following proce-
of this section, ‘‘office system’’ means dures apply to PSPs and PSP amend-
a centralized computer-aided train-dis- ments which do not require submission
patching system or centralized traffic of a petition for approval, but rather
control board. require an informational filing:
(d) How are modifications to excluded (1) Not less than 180 days prior to
products handled? Changes or modifica- planned use of the product in revenue
tions to products otherwise excluded service as described in the PSP or PSP
from the requirements of this subpart amendment, the railroad shall submit
by this section are not excluded from an informational filing to the Asso-
the requirements of this subpart if ciate Administrator for Safety, FRA,
they result in a degradation of safety 1200 New Jersey Avenue, SE., Mail Stop
or a material increase in safety-critical 25, Washington, DC 20590. The informa-
functionality. tional filing must provide a summary
(e) What other rules apply to excluded description of the PSP or PSP amend-
products? Products excluded by this ment, including the intended use of the
section from the requirements of this product, and specify the location where
subpart remain subject to subparts A the documentation as described in
through G of this part as applicable. § 236.917(a)(1) is maintained.
(2) Within 60 days of receipt of the in-
§ 236.913 Filing and approval of PSPs. formational filing, FRA:
(a) Under what circumstances must a (i) Acknowledges receipt of the filing;
PSP be prepared? A PSP must be pre- (ii) Acknowledges receipt of the in-
pared for each product covered by this formational filing and requests further
subpart. A joint PSP must be prepared information; or
when: (iii) Acknowledges receipt of the fil-
(1) The territory on which a product ing and notifies the railroad, for good
covered by this subpart is normally cause, that the filing will be considered
subject to joint operations, or is oper- as a petition for approval as set forth
ated upon by more than one railroad; in paragraph (d) of this section, and re-
and quests such further information as may
(2) The PSP involves a change in be required to initiate action on the pe-
method of operation. tition for approval. Examples of good
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§ 236.913 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.913
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§ 236.915 49 CFR Ch. II (10–1–11 Edition)
product when FRA concludes it is nec- the approval of a PSP by the submis-
essary based upon consideration of the sion of an informational filing by a
following factors: railroad. The FRA will arrange to mon-
(i) Those factors listed in paragraphs itor the tests based on the information
(g)(2)(i) through (g)(2)(vii) of this sec- provided in the filing, which must in-
tion; clude:
(ii) The sufficiency of the assessment (i) A complete description of the
or audit previously conducted at the product;
election of a supplier or railroad; and (ii) An operational concepts docu-
(iii) Whether applicable requirements ment;
of subparts A through G of this part (iii) A complete description of the
are satisfied. specific test procedures, including the
(2) As used in this section, ‘‘inde- measures that will be taken to protect
pendent third party’’ means a tech- trains and on-track equipment;
nically competent entity responsible to (iv) An analysis of the applicability
and compensated by the railroad (or an of the requirements of subparts A
association on behalf of one or more through G of this part to the product
railroads) that is independent of the that will not apply during testing;
supplier of the product. An entity that (v) The date testing will begin;
is owned or controlled by the supplier, (vi) The location of the testing; and
that is under common ownership or (vii) A description of any effect the
control with the supplier, or that is testing will have on the current meth-
otherwise involved in the development od of operation.
of the product is not considered ‘‘inde-
(2) FRA may impose such additional
pendent’’ within the meaning of this
conditions on this testing as may be
section. FRA may maintain a roster of
necessary for the safety of train oper-
recognized technically competent enti-
ations. Exemptions from regulations
ties as a service to railroads selecting
other than those contained in this part
reviewers under this section; however,
must be requested through waiver pro-
a railroad is not limited to entities
cedures in part 211 of this chapter.
currently listed on any such roster.
(3) The third-party assessment must, [70 FR 11095, Mar. 7, 2005, as amended at 70
at a minimum, consist of the activities FR 72385, Dec. 5, 2005; 74 FR 25174, May 27,
and result in production of documenta- 2009]
tion meeting the requirements of Ap-
pendix D to this part. However, when § 236.915 Implementation and oper-
ation.
requiring an assessment pursuant to
this section, FRA specifies any require- (a) When may a product be placed or re-
ments in Appendix D to this part which tained in service? (1) Except as stated in
the agency has determined are not rel- paragraphs (a)(2) and (a)(3) of this sec-
evant to its concerns and, therefore, tion, a railroad may operate in revenue
need not be included in the assessment. service any product 180 days after fil-
The railroad shall make the final as- ing with FRA the informational filing
sessment report available to FRA upon for that product. The FRA filing date
request. can be found in FRA’s acknowledgment
(i) How may a PSP be amended? A rail- letter referred to in § 236.913(c)(2).
road may submit an amendment to a (2) Except as stated in paragraph
PSP at any time in the same manner (a)(3) of this section, if FRA approval is
as the initial PSP. Notwithstanding required for a product, the railroad
the otherwise applicable requirements shall not operate the product in rev-
found in this section and § 236.915, enue service until after the Associate
changes affecting the safety-critical Administrator for Safety has approved
functionality of a product may be made the petition for approval for that prod-
prior to the submission and approval of uct pursuant to § 236.913.
the PSP amendment as necessary in (3) If after product implementation
order to mitigate risk. FRA elects, for cause, to treat the in-
(j) How may field testing be conducted formational filing for the product as a
prior to PSP approval? (1) Field testing petition for approval, the product may
of a product may be conducted prior to remain in use if otherwise consistent
728
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Federal Railroad Administration, DOT § 236.919
with the applicable law and regula- (3) Contractors of the railroad shall
tions. FRA may impose special condi- maintain at a designated office train-
tions for use of the product during the ing records pursuant to § 236.923(b).
period of review for cause. (b) What actions must the railroad take
(b) How does the PSP relate to oper- in the event of occurrence of a safety-rel-
ation of the product? Each railroad shall evant hazard? After the product is
comply with all provisions in the PSP placed in service, the railroad shall
for each product it uses and shall oper- maintain a database of all safety-rel-
ate within the scope of initial oper- evant hazards as set forth in the PSP
ational assumptions and predefined and those that had not been previously
changes identified by the PSP. Rail- identified in the PSP. If the frequency
roads may at any time submit an of the safety-relevant hazards exceeds
amended PSP according to the proce- the threshold set forth in the PSP (see
dures outlined in § 236.913. § 236.907(a)(6)), then the railroad shall:
(c) What precautions must be taken (1) Report the inconsistency in writ-
prior to interference with the normal ing (by mail, facsimile, e-mail, or hand
functioning of a product? The normal delivery to the Director, Office of Safe-
functioning of any safety-critical prod- ty Assurance and Compliance, FRA,
uct must not be interfered with in test- 1200 New Jersey Avenue, SE., Mail Stop
25, Washington, DC 20590, within 15
ing or otherwise without first taking
days of discovery. Documents that are
measures to provide for safe movement
hand delivered must not be enclosed in
of trains, locomotives, roadway work-
an envelope;
ers and on-track equipment that de-
(2) Take prompt countermeasures to
pend on normal functioning of such
reduce the frequency of the safety-rel-
product.
evant hazard(s) below the threshold set
(d) What actions must be taken imme- forth in the PSP; and
diately upon failure of a safety-critical
(3) Provide a final report to the FRA
component? When any safety-critical
Director, Office of Safety Assurance
product component fails to perform its
and Compliance, on the results of the
intended function, the cause must be analysis and countermeasures taken to
determined and the faulty component reduce the frequency of the safety-rel-
adjusted, repaired, or replaced without evant hazard(s) below the threshold set
undue delay. Until repair of such essen- forth in the PSP when the problem is
tial components are completed, a rail- resolved.
road shall take appropriate action as
specified in the PSP. See also [70 FR 11095, Mar. 7, 2005, as amended at 74
§§ 236.907(d), 236.917(b). FR 25174, May 27, 2009]
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§ 236.921 49 CFR Ch. II (10–1–11 Edition)
versions, revisions, and revision dates. effectively complete their duties re-
Plans must be legible and correct. lated to processor-based signal and
(c) Hardware, software, and firmware train control equipment.
revisions must be documented in the
Operations and Maintenance Manual § 236.923 Task analysis and basic re-
according to the railroad’s configura- quirements.
tion management control plan and any (a) How must training be structured
additional configuration/revision con- and delivered? As part of the program
trol measures specified in the PSP. required by § 236.921, the employer
(d) Safety-critical components, in- shall, at a minimum:
cluding spare equipment, must be posi- (1) Identify the specific goals of the
tively identified, handled, replaced, training program with regard to the
and repaired in accordance with the target population (craft, experience
procedures specified in the PSP. level, scope of work, etc.), task(s), and
desired success rate;
§ 236.921 Training and qualification (2) Based on a formal task analysis,
program, general. identify the installation, maintenance,
(a) When is training necessary and who repair, modification, inspection, test-
must be trained? Employers shall estab- ing, and operating tasks that must be
lish and implement training and quali- performed on a railroad’s products.
fication programs for products subject This includes the development of fail-
to this subpart. These programs must ure scenarios and the actions expected
meet the minimum requirements set under such scenarios;
forth in the PSP and in §§ 236.923 (3) Develop written procedures for
through 236.929 as appropriate, for the the performance of the tasks identi-
following personnel: fied;
(1) Persons whose duties include in- (4) Identify the additional knowledge,
stalling, maintaining, repairing, modi- skills, and abilities above those re-
fying, inspecting, and testing safety- quired for basic job performance nec-
critical elements of the railroad’s prod- essary to perform each task;
ucts, including central office, wayside, (5) Develop a training curriculum
or onboard subsystems; that includes classroom, simulator,
(2) Persons who dispatch train oper- computer-based, hands-on, or other for-
ations (issue or communicate any man- mally structured training designed to
datory directive that is executed or en- impart the knowledge, skills, and abili-
forced, or is intended to be executed or ties identified as necessary to perform
enforced, by a train control system each task;
subject to this subpart); (6) Prior to assignment of related
(3) Persons who operate trains or tasks, require all persons mentioned in
serve as a train or engine crew member § 236.921(a) to successfully complete a
subject to instruction and testing training curriculum and pass an exam-
under part 217 of this chapter, on a ination that covers the product and ap-
train operating in territory where a propriate rules and tasks for which
train control system subject to this they are responsible (however, such
subpart is in use; persons may perform such tasks under
(4) Roadway workers whose duties re- the direct onsite supervision of a quali-
quire them to know and understand fied person prior to completing such
how a train control system affects training and passing the examination);
their safety and how to avoid inter- (7) Require periodic refresher train-
fering with its proper functioning; and ing at intervals specified in the PSP
(5) The direct supervisors of persons that includes classroom, simulator,
listed in paragraphs (a)(1) through computer-based, hands-on, or other for-
(a)(4) of this section. mally structured training and testing,
(b) What competencies are required? except with respect to basic skills for
The employer’s program must provide which proficiency is known to remain
training for persons who perform the high as a result of frequent repetition
functions described in paragraph (a) of of the task; and
this section to ensure that they have (8) Conduct regular and periodic eval-
the necessary knowledge and skills to uations of the effectiveness of the
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Federal Railroad Administration, DOT § 236.927
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§ 236.929 49 CFR Ch. II (10–1–11 Edition)
732
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Federal Railroad Administration, DOT § 236.1003
which is issued to a train that is not ef- Main line track exclusion addendum
fective and not to be acted upon until (‘‘MTEA’’) means the document sub-
after the arrival and passing of a train, mitted under §§ 236.1011 and 236.1019 re-
or trains, specifically identified in the questing to designate track as other
authority. than main line.
Associate Administrator means the Medium speed means, Speed, medium,
FRA Associate Administrator for Rail- as defined in subpart G of this part.
road Safety/Chief Safety Officer. NPI means a Notice of Product Intent
Class I railroad means a railroad (‘‘NPI’’) as further described in
which in the last year for which reve- § 236.1013.
nues were reported exceeded the PTC means positive train control as
threshold established under regulations further described in § 236.1005.
of the Surface Transportation Board PTCDP means a PTC Development
(49 CFR part 1201.1–1 (2008)). Plan as further described in § 236.1013.
Cleartext means the un-encrypted PTCIP means a PTC Implementation
text in its original, human readable, Plan as required under 49 U.S.C. 20157
form. It is the input of an encryption and further described in § 236.1011.
or encipher process, and the output of PTCPVL means a PTC Product Ven-
an decryption or decipher process. dor List as further described in
Controlling locomotive means Loco- § 236.1023.
motive, controlling, as defined in § 232.5 PTCSP means a PTC Safety Plan as
of this chapter. further described in § 236.1015.
Host railroad means a railroad that PTC railroad means each Class I rail-
has effective operating control over a road and each entity providing regu-
segment of track. larly scheduled intercity or commuter
Interoperability means the ability of a rail passenger transportation required
controlling locomotive to commu- to implement or operate a PTC system.
nicate with and respond to the PTC PTC System Certification means cer-
railroad’s positive train control sys- tification as required under 49 U.S.C.
tem, including uninterrupted move- 20157 and further described in §§ 236.1009
ments over property boundaries. and 236.1015.
Limited operations means operations Request for Amendment (‘‘RFA’’)
on main line track that have limited or means a request for an amendment of a
no freight operations and are approved plan or system made by a PTC railroad
to be excluded from this subpart’s PTC in accordance with § 236.1021.
system implementation and operation Request for Expedited Certification
requirements in accordance with (‘‘REC’’) means, as further described in
§ 236.1019(c); § 236.1031, a request by a railroad to re-
Main line means, except as provided ceive expedited consideration for PTC
in § 236.1019 or where all trains are lim- System Certification.
ited to restricted speed within a yard Restricted speed means, Speed, re-
or terminal area or on auxiliary or in- stricted, as defined in subpart G of this
dustry tracks, a segment or route of part.
railroad tracks: Safe State means a system state that,
(1) Of a Class I railroad, as docu- when the system fails, cannot cause
mented in current timetables filed by death, injury, occupational illness, or
the Class I railroad with the FRA damage to or loss of equipment or
under § 217.7 of this title, over which property, or damage to the environ-
5,000,000 or more gross tons of railroad ment.
traffic is transported annually; or Segment of track means any part of
(2) Used for regularly scheduled the railroad where a train operates.
intercity or commuter rail passenger Temporal separation means that pas-
service, as defined in 49 U.S.C. 24102, or senger and freight operations do not
both. Tourist, scenic, historic, or ex- operate on any segment of shared track
cursion operations as defined in part during the same period and as further
238 of this chapter are not considered defined under § 236.1019 and the process
intercity or commuter passenger serv- or processes in place to assure that re-
ice for purposes of this part. sult.
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§ 236.1005 49 CFR Ch. II (10–1–11 Edition)
(A) Interlocking—one or more ≤ 40 miles per hour ................. Interlocking signal arrangement in accordance with the re-
PTC routes intersecting with quirements of subparts A–G of this part and PTC enforced
one or more non-PTC routes. stop on PTC routes.
(B) Interlocking—one or more > 40 miles per hour ................. Interlocking signal arrangement in accordance with the re-
PTC routes intersecting with quirements of subparts A–G of this part, PTC enforced
one or more non-PTC routes. stop on all PTC routes, and either the use of other than full
PTC technology that provides positive stop enforcement or
a split-point derail incorporated into the signal system ac-
companied by 20 miles per hour maximum allowable speed
on the approach of any intersecting non-PTC route.
(C) Interlocking—all PTC Any speed ............................... Interlocking signal arrangements in accordance with the re-
routes intersecting. quirements of subparts A–G of this part, and PTC enforced
stop on all routes.
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Federal Railroad Administration, DOT § 236.1005
49 miles per hour, respectively, in areas (3) Addition of track segments. To the
without broken rail detection or equiv- extent increases in freight rail traffic
alent safeguards. occur subsequent to calendar year 2008
(b) PTC system installation. (1) Lines that might affect the requirement to
required to be equipped. Except as other- install a PTC system on any line not
wise provided in this subpart, each yet equipped, the railroad shall seek to
Class I railroad and each railroad pro- amend its PTCIP by promptly filing an
viding or hosting intercity or com- RFA in accordance with § 236.1021. The
muter passenger service shall progres- following criteria apply:
sively equip its lines as provided in its (i) If rail traffic exceeds 5 million
approved PTCIP such that, on and gross tons in any year after 2008, the
after December 31, 2015, a PTC system tonnage shall be calculated for the pre-
certified under § 236.1015 is installed ceding two calendar years and if the
and operated by the host railroad on total tonnage for those two calendar
each: years exceeds 10 million gross tons, a
(i) Main line over which is trans- PTCIP or its amendment is required.
ported any quantity of material poi- (ii) If PIH traffic is carried on a track
sonous by inhalation (PIH), including segment as a result of a request for rail
anhydrous ammonia, as defined in service or rerouting warranted under
§§ 171.8, 173.115 and 173.132 of this title; part 172 of this title, and if the line car-
(ii) Main line used for regularly pro- ries in excess of 5 million gross tons of
vided intercity or commuter passenger rail traffic as determined under this
service, except as provided in § 236.1019; paragraph, a PTCIP or its amendment
and is required. This does not apply when
(iii) Additional line of railroad as re- temporary rerouting is authorized in
quired by the applicable FRA approved accordance with paragraph (g) of this
PTCIP, this subpart, or an FRA order section.
requiring installation of a PTC system (iii) Once a railroad is notified by
by that date. FRA that its RFA filed in accordance
(2) Initial baseline identification of with this paragraph has been approved,
lines. For the purposes of paragraph the railroad shall equip the line with
(b)(1)(i) of this section, the baseline in- the applicable PTC system by Decem-
formation necessary to determine ber 31, 2015, or within 24 months,
whether a Class I railroad’s track seg- whichever is later.
ment shall be equipped with a PTC sys- (4) Exclusion or removal of track seg-
tem shall be determined and reported ments from PTC baseline—(i) Routing
as follows: changes. In a PTCIP or an RFA, a rail-
(i) The traffic density threshold of 5 road may request review of the require-
million gross tons shall be based upon ment to install PTC on a track seg-
calendar year 2008 gross tonnage, ex- ment where a PTC system is otherwise
cept to the extent that traffic may fall required by this section, but has not
below 5 million gross tons for two con- yet been installed, based upon changes
secutive calendar years and a PTCIP or in rail traffic such as reductions in
an RFA reflecting this change is filed total traffic volume or cessation of
and approved under paragraph (b)(4) of passenger or PIH service. Any such re-
this section and, if applicable, quest shall be accompanied by esti-
§ 236.1021. mated traffic projections for the next 5
(ii) The presence or absence of any years (e.g., as a result of planned re-
quantity of PIH hazardous materials routing, coordinations, or location of
shall be determined by whether one or new business on the line). Where the
more cars containing such product(s) request involves prior or planned re-
was transported over the track seg- routing of PIH traffic, the railroad
ment in calendar year 2008 or prior to must provide a supporting analysis
the filing of the PTCIP, except to the that takes into consideration the re-
extent that the PTCIP or RFA justi- quirements of subpart I, part 172 of this
fies, under paragraph (b)(4) of this sec- title, assuming the subject route and
tion, removal of the subject track seg- each practicable alternative route to
ment from the PTCIP listing of lines to be PTC-equipped, and including any
be equipped. interline routing impacts.
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§ 236.1005 49 CFR Ch. II (10–1–11 Edition)
(A) FRA will approve the exclusion (4) On which any train transporting a
if, based upon data in the docket of the car containing PIH materials (includ-
proceeding, FRA finds that it would be ing a residue car) is operated under
consistent with safety as further pro- conditions of temporal separation from
vided in this paragraph. other trains using the line segment as
(1) In the case of a requested exclu- documented by a temporal separation
sion based on cessation of passenger plan accompanying the request. As
service or a decline in gross tonnage used in this paragraph, ‘‘temporal sepa-
below 5 million gross tons as computed ration’’ has the same meaning given by
over a 2-year period, the removal will § 236.1019(e), except that the separation
be approved absent special cir- addressed is the separation of a train
cumstances as set forth in writing carrying any number of cars con-
(e.g., because of anticipated traffic taining PIH materials from other
growth in the near future). freight trains.
(2) In the case of current or planned (C) FRA will also consider, and may
cessation of PIH materials traffic over approve, requests for relief under this
a track segment, FRA will approve an paragraph for additional line segments
exclusion of a line from the PTCIP if where each such segment carries less
the railroad satisfies the requirements than 15 million gross tons annually and
of § 236.1020. where it is established to the satisfac-
(B) [Reserved] tion of the Associate Administrator
(ii) Lines with de minimis PIH risk. (A) that risk mitigations will be applied
In a PTCIP or RFA, a railroad may re- that will ensure that risk of a release
quest review of the requirement to in- of PIH materials is negligible.
stall PTC on a low density track seg- (D) Failure to submit sufficient in-
ment where a PTC system is otherwise formation will result in the denial of
required by this section, but has not any request under this paragraph
yet been installed, based upon the pres- (b)(4)(ii). If the request is granted, on
ence of a minimal quantity of PIH haz- and after the date the line would have
ardous materials (less than 100 cars per otherwise been required to be equipped
year, loaded and residue). Any such re- under the schedule contained in the
quest shall be accompanied by esti- PTCIP and approved by FRA, oper-
mated traffic projections for the next 5 ations on the line shall be conducted in
years (e.g., as a result of planned re- accordance with any conditions at-
routing, coordinations, or location of tached to the grant, including imple-
new business on the line). Where the mentation of proposed mitigations as
request involves prior or planned re- applicable.
routing of PIH traffic, the railroad (5) Line sales. FRA does not approve
must provide the information and anal- removal of a line from the PTCIP ex-
ysis identified in paragraph (b)(4)(i) of clusively based upon a representation
this section. The submission shall also that a track segment will be abandoned
include a full description of potential or sold to another railroad. In the
safety hazards on the segment of track event a track segment is approved for
and fully describe train operations over abandonment or transfer by the Sur-
the line. This provision is not applica- face Transportation Board, FRA will
ble to lines segments used by intercity review at the request of the transfer-
or commuter passenger service. ring and acquiring railroads whether
(B) Absent special circumstances re- the requirement to install PTC on the
lated to specific hazards presented by line should be removed given all of the
operations on the line segment, FRA circumstances, including expected traf-
will approve a request for relief under fic and hazardous materials levels, res-
this paragraph for a rail line segment: ervation of trackage or haulage rights
(1) Consisting exclusively of Class 1 by the transferring railroad, routing
or 2 track as described in part 213 of analysis under part 172 of this chapter,
this title; commercial and real property arrange-
(2) That carries less than 15 million ments affecting the transferring and
gross tons annually; acquiring railroads post-transfer, and
(3) Has a ruling grade of less than 1 such other factors as may be relevant
percent; and to continue safe operations on the line.
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Federal Railroad Administration, DOT § 236.1005
If FRA denies the request, the acquir- enforcements, and the state of the PTC
ing railroad shall install the PTC sys- system (e.g., cut in, cut out, active, or
tem on the schedule provided in the failed); and
transferring railroad’s PTCIP, without (iii) Include examples of how the cap-
regard to whether it is a Class I rail- tured data will be displayed during
road. playback along with the format, con-
(6) New rail passenger service. No new tent, and data retention duration re-
intercity or commuter rail passenger quirements specified in the PTCSP
service shall commence after December submitted and approved pursuant to
31, 2015, until a PTC system certified this paragraph. If such train control
under this subpart has been installed data can be calibrated against other
and made operative. data required by this part, it may, at
(c) Hazard detectors. (1) All hazard de- the election of the railroad, be retained
tectors integrated into a signal or in a separate memory module.
train control system on or after Octo- (2) Each lead locomotive, as defined
ber 16, 2008, shall be integrated into in part 229, manufactured and in serv-
PTC systems required by this subpart; ice after October 1, 2009, that is
and their warnings shall be appro- equipped and operating with a PTC sys-
priately and timely enforced as de- tem required by this subpart, shall be
scribed in the applicable PTCSP. equipped with an event recorder mem-
(2) The applicable PTCSP must pro- ory module meeting the crash hard-
vide for receipt and presentation to the ening requirements of § 229.135 of this
locomotive engineer and other train chapter.
crew members of warnings from any
(3) Nothing in this subpart excepts
additional hazard detectors using the
compliance with any of the event re-
PTC data network, onboard displays,
corder requirements contained in
and audible alerts. If the PTCSP so
§ 229.135 of this chapter.
provides, the action to be taken by the
system and by the crew members shall (e) Switch position. The following re-
be specified. quirements apply with respect to deter-
(3) The PTCDP (as applicable) and mining proper switch position under
PTCSP for any new service described in this section. When a main line switch
§ 236.1007 to be conducted above 90 miles position is unknown or improperly
per hour shall include a hazard anal- aligned for a train’s route in advance of
ysis describing the hazards relevant to the train’s movement, the PTC system
the specific route(s) in question (e.g., will provide warning of the condition
potential for track obstruction due to associated with the following enforce-
events such as falling rock or under- ment:
mining of the track structure due to (1) A PTC system shall enforce re-
high water or displacement of a bridge stricted speed over any switch:
over navigable waters), the basis for (i) Where train movements are made
decisions concerning hazard detectors with the benefit of the indications of a
provided, and the manner in which wayside or cab signal system or other
such additional hazard detectors will similar appliance, method, device, or
be interfaced with the PTC system. system of equivalent safety proposed to
(d) Event recorders. (1) Each lead loco- FRA and approved by the Associate
motive, as defined in part 229, of a Administrator in accordance with this
train equipped and operating with a part; and
PTC system required by this subpart (ii) Where wayside or cab signal sys-
must be equipped with an operative tem or other similar appliance, meth-
event recorder, which shall: od, device, or system of equivalent
(i) Record safety-critical train con- safety, requires the train to be oper-
trol data routed to the locomotive en- ated at restricted speed.
gineer’s display that the engineer is re- (2) A PTC system shall enforce a
quired to comply with; positive stop short of any main line
(ii) Specifically include text mes- switch, and any switch on a siding
sages conveying mandatory directives, where the allowable speed is in excess
maximum authorized speeds, PTC sys- of 20 miles per hour, if movement of
tem brake warnings, PTC system brake the train over the switch:
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§ 236.1005 49 CFR Ch. II (10–1–11 Edition)
(i) Is made without the benefit of the stricted speed rule (15 or 20 miles per
indications of a wayside or cab signal hour). This application applies to:
system or other similar appliance, (1) Operating conditions under which
method, device, or system of equiva- trains are required by signal indication
lent safety proposed to FRA and ap- or operating rule to:
proved by the Associate Administrator (i) Stop before continuing; or
in accordance with this part; or (ii) Reduce speed to restricted speed
(ii) Would create an unacceptable and continue at restricted speed until
risk. Unacceptable risk includes condi- encountering a more favorable indica-
tions when traversing the switch, even tion or as provided by operating rule.
at low speeds, could result in direct (2) Operation of trains within the
conflict with the movement of another limits of a joint mandatory directive.
train (including a hand-operated cross- (g) Temporary rerouting. A train
over between main tracks, a hand-oper- equipped with a PTC system as re-
ated crossover between a main track quired by this subpart may be tempo-
and an adjoining siding or auxiliary rarily rerouted onto a track not
track, or a hand-operated switch pro- equipped with a PTC system and a
viding access to another subdivision or train not equipped with a PTC system
branch line, etc.). may be temporarily rerouted onto a
(3) A PTC system required by this track equipped with a PTC system as
subpart shall be designed, installed, required by this subpart in the fol-
and maintained to perform the switch lowing circumstances:
position detection and enforcement de- (1) Emergencies. In the event of an
scribed in paragraphs (e)(1) and (e)(2) of emergency—including conditions such
this section, except as provided for and as derailment, flood, fire, tornado, hur-
justified in the applicable, FRA ap- ricane, earthquake, or other similar
proved PTCDP or PTCSP. circumstance outside of the railroad’s
(4) The control circuit or electronic control—that would prevent usage of
equivalent for all movement authori- the regularly used track if:
ties over any switches, movable-point (i) The rerouting is applicable only
frogs, or derails shall be selected until the emergency condition ceases
through circuit controller or function- to exist and for no more than 14 con-
ally equivalent device operated di- secutive calendar days, unless other-
rectly by the switch points, derail, or wise extended by approval of the Asso-
by switch locking mechanism, or ciate Administrator;
through relay or electronic device con- (ii) The railroad provides written or
trolled by such circuit controller or telephonic notification to the applica-
functionally equivalent device, for ble Regional Administrator of the in-
each switch, movable-point frog, or de- formation listed in paragraph (i) of this
rail in the route governed. Circuits or section within one business day of the
electronic equivalent shall be arranged beginning of the rerouting made in ac-
so that any movement authorities less cordance with this paragraph; and
restrictive than those prescribed in (iii) The conditions contained in
paragraphs (e)(1) and (e)(2) of this sec- paragraph (j) of this section are fol-
tion can only be provided when each lowed.
switch, movable-point frog, or derail in (2) Planned maintenance. In the event
the route governed is in proper posi- of planned maintenance that would
tion, and shall be in accordance with prevent usage of the regularly used
subparts A through G of this part, un- track if:
less it is otherwise provided in a (i) The maintenance period does not
PTCSP approved under this subpart. exceed 30 days;
(f) Train-to-train collision. A PTC sys- (ii) A request is filed with the appli-
tem shall be considered to be config- cable Regional Administrator in ac-
ured to prevent train-to-train colli- cordance with paragraph (i) of this sec-
sions within the meaning of paragraph tion no less than 10 business days prior
(a) of this section if trains are required to the planned rerouting; and
to be operated at restricted speed and (iii) The conditions contained in
if the onboard PTC equipment enforces paragraph (j) of this section are fol-
the upper limits of the railroad’s re- lowed.
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Federal Railroad Administration, DOT § 236.1006
(h) Rerouting requests. (1) For the pur- plicable to the line on which the train
poses of paragraph (g)(2) of this sec- is rerouted.
tion, the rerouting request shall be (k) Rerouting cessation. The applicable
self-executing unless the applicable Re- Regional Administrator may order a
gional Administrator responds with a railroad to cease any rerouting pro-
notice disapproving of the rerouting or vided under paragraph (g) or (h) of this
providing instructions to allow rerout- section.
ing. Such instructions may include
providing additional information to [75 FR 2699, Jan. 15, 2010, as amended at 75
FR 59117, Sept. 27, 2010]
the Regional Administrator or Asso-
ciate Administrator prior to the com- § 236.1006 Equipping locomotives oper-
mencement of rerouting. Once the Re- ating in PTC territory.
gional Administrator responds with a
notice under this paragraph, no rerout- (a) Except as provided in paragraph
ing may occur until the Regional Ad- (b) of this section, each train operating
ministrator or Associate Adminis- on any track segment equipped with a
trator provides his or her approval. PTC system shall be controlled by a lo-
(2) In the event the temporary re- comotive equipped with an onboard
routing described in paragraph (g)(2) of PTC apparatus that is fully operative
this section is to exceed 30 consecutive and functioning in accordance with the
calendar days: applicable PTCSP approved under this
(i) The railroad shall provide a re- subpart.
quest in accordance with paragraphs (i) (b) Exceptions. (1) Prior to December
and (j) of this section with the Asso- 31, 2015, each railroad required to in-
ciate Administrator no less than 10 stall PTC shall include in its PTCIP
business days prior to the planned re- specific goals for progressive imple-
routing; and mentation of onboard systems and de-
(ii) The rerouting shall not com- ployment of PTC-equipped locomotives
mence until receipt of approval from such that the safety benefits of PTC
the Associate Administrator. are achieved through incremental
(i) Content of rerouting request. Each growth in the percentage of controlling
notice or request referenced in para- locomotives operating on PTC lines
graph (g) and (h) of this section must that are equipped with operative PTC
indicate: onboard equipment. The PTCIP shall
(1) The dates that such temporary re- include a brief but sufficient expla-
routing will occur; nation of how those goals will be
(2) The number and types of trains achieved, including assignment of re-
that will be rerouted; sponsibilities within the organization.
(3) The location of the affected The goals shall be expressed as the per-
tracks; and centage of trains operating on PTC-
(4) A description of the necessity for equipped lines that are equipped with
the temporary rerouting. operative onboard PTC apparatus re-
(j) Rerouting conditions. Rerouting of sponsive to the wayside, expressed as
operations under paragraph (g) of this an annualized (calendar year) percent-
section may occur under the following age for the railroad as a whole.
conditions: (2) Each railroad shall adhere to its
(1) Where a train not equipped with a PTCIP and shall report, on April 16, of
PTC system is rerouted onto a track 2011, 2012, 2013, and 2014, its progress to-
equipped with a PTC system, or a train ward achieving the goals set under
not equipped with a PTC system that is paragraph (b)(1) of this section. In the
compatible and functionally responsive event any annual goal is not achieved,
to the PTC system utilized on the line the railroad shall further report the ac-
to which the train is being rerouted, tions it is taking to ensure achieve-
the train shall be operated in accord- ment of subsequent annual goals.
ance with § 236.1029; or (3) On and after December 31, 2015, a
(2) Where any train is rerouted onto train controlled by a locomotive with
a track not equipped with a PTC sys- an onboard PTC apparatus that has
tem, the train shall be operated in ac- failed en route is permitted to operate
cordance with the operating rules ap- in accordance with § 236.1029.
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§ 236.1007 49 CFR Ch. II (10–1–11 Edition)
740
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Federal Railroad Administration, DOT § 236.1009
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§ 236.1009 49 CFR Ch. II (10–1–11 Edition)
for a period of 270 days from the date of road shall receive PTC System Certifi-
approval by the Associate Adminis- cation for the subject PTC system and
trator. shall implement the PTC system ac-
(2) The railroad must submit an up- cording to the PTCSP.
dated PTCIP with either a complete (4) A required PTC system shall not:
PTCDP as defined in § 236.1013(a), an (i) Be used in service until it receives
updated PTCIP referencing an already from FRA a PTC System Certification;
approved Type Approval, or a full and
PTCSP within 270 days after the ‘‘Pro- (ii) Receive a PTC System Certifi-
visional Approval.’’ cation unless FRA receives and ap-
(i) Within 90 days of receipt of an up- proves an applicable:
dated PTCIP that was submitted with (A) PTCSP; or
an NPI, the Associate Administrator (B) Request for Expedited Certifi-
will approve or disapprove of the up- cation (REC) as defined by § 236.1031(a).
dated PTCIP and notify in writing the (e) Plan contents. (1) No PTCIP shall
affected railroad. If the updated PTCIP receive approval unless it complies
is not approved, the notification will with § 236.1011. No railroad shall receive
include the plan’s deficiencies. Within a Type Approval or PTC System Cer-
30 days of receipt of that notification, tification unless the applicable PTCDP
the railroad or other entity that sub- or PTCSP, respectively, comply with
mitted the plan shall correct all defi- §§ 236.1013 and 236.1015, respectively.
ciencies and resubmit the plan in ac- (2) All materials filed in accordance
cordance with this section and with this subpart must be in the
§ 236.1011, as applicable. English language, or have been trans-
(ii) If an update to a ‘‘Provisionally lated into English and attested as true
Approved’’ PTCIP is not received by and correct.
the Associate Administrator by the end (3) Each filing referenced in this sec-
of the period indicated in this para- tion may include a request for full or
graph, the ‘‘Provisional Approval’’ partial confidentiality in accordance
given to the PTCIP is automatically with § 209.11 of this chapter. If confiden-
revoked. The revocation is retroactive tiality is requested as to a portion of
to the date the original PTCIP and NPI any applicable document, then in addi-
were first submitted to the Associate tion to the filing requirements under
Administrator. § 209.11 of this chapter, the person filing
(d) PTCSP and PTC System Certifi- the document shall also file a copy of
cation. The following apply to each the original unredacted document,
PTCSP and PTC System Certification. marked to indicate which portions are
(1) A PTC System Certification for a redacted in the document’s confiden-
PTC system may be obtained by sub- tial version without obscuring the
mitting an acceptable PTCSP. If the original document’s contents.
PTC system is the subject of a Type (f) Supporting documentation and infor-
Approval, the safety case elements con- mation. (1) Issuance of a Type Approval
tained in the PTCDP may be incor- or PTC System Certification is contin-
porated by reference into the PTCSP, gent upon FRA’s confidence in the im-
subject to finalization of the human plementation and operation of the sub-
factors analysis contained in the ject PTC system. This confidence may
PTCDP. be based on FRA-monitored field test-
(2) Each PTCSP requirement under ing or an independent assessment per-
§ 236.1015 shall be supported by informa- formed in accordance with § 236.1035 or
tion and analysis sufficient to establish § 236.1017, respectively.
that the requirements of this subpart (2) Upon request by FRA, the railroad
have been satisfied. requesting a Type Approval or PTC
(3) If the Associate Administrator System Certification must engage in
finds that the PTCSP and supporting field testing or independent assessment
documentation support a finding that performed in accordance with § 236.1035
the system complies with this part, the or § 236.1017, respectively, to support
Associate Administrator may approve the assertions made in any of the plans
the PTCSP. If the Associate Adminis- submitted under this subpart. These
trator approves the PTCSP, the rail- assertions include any of the plans’
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Federal Railroad Administration, DOT § 236.1011
content requirements under this sub- Certification has been requested or pro-
part. vided; or
(g) FRA conditions, reconsiderations, (2) To determine whether a railroad
and modifications. (1) As necessary to has been in compliance with this sub-
ensure safety, FRA may attach special part.
conditions to approving a PTCIP or (i) Foreign regulatory entity
issuing a Type Approval or PTC Sys- verification. Information that has been
tem Certification. certified under the auspices of a for-
(2) After granting a Type Approval or eign regulatory entity recognized by
PTC System Certification, FRA may the Associate Administrator may, at
reconsider the Type Approval or PTC the Associate Administrator’s sole dis-
System Certification upon revelation cretion, be accepted as independently
of any of the following factors con- Verified and Validated and used to sup-
cerning the contents of the PTCDP or port each railroad’s development of the
PTCSP: PTCSP.
(i) Potential error or fraud; (j) Processing times for PTCDP and
(ii) Potentially invalidated assump- PTCSP.
tions determined as a result of in-serv- (1) Within 30 days of receipt of a
ice experience or one or more unsafe PTCDP or PTCSP, the Associate Ad-
events calling into question the safety ministrator will either acknowledge re-
analysis supporting the approval. ceipt or acknowledge receipt and re-
(3) During FRA’s reconsideration in quest more information.
accordance with this paragraph, the (2) To the extent practicable, consid-
PTC system may remain in use if oth- ering the scope, complexity, and nov-
erwise consistent with the applicable elty of the product or change:
law and regulations and FRA may im- (i) FRA will approve, approve with
pose special conditions for use of the conditions, or deny the PTCDP within
PTC system. 60 days of the date on which the
(4) After FRA’s reconsideration in ac- PTCDP was filed;
cordance with this paragraph, FRA (ii) FRA will approve, approve with
may: conditions, or deny the PTCSP within
(i) Dismiss its reconsideration and 180 days of the date on which the
continue to recognize the existing FRA PTCSP was filed;
approved Type Approval or PTC Sys- (iii) If FRA has not approved, ap-
tem Certification; proved with conditions, or denied the
(ii) Allow continued operations under PTCDP or PTCSP within the 60-day or
such conditions the Associate Adminis- 180-day window, as applicable, FRA
trator deems necessary to ensure safe- will provide the submitting party with
ty; or a statement of reasons as to why the
(iii) Revoke the Type Approval or submission has not yet been acted upon
PTC System Certification and direct and a projected deadline by which an
the railroad to cease operations where approval or denial will be issued and
PTC systems are required under this any further consultations or inquiries
subpart. will be resolved.
(h) FRA access. The Associate Admin-
istrator, or that person’s designated § 236.1011 PTC Implementation Plan
content requirements.
representatives, shall be afforded rea-
sonable access to monitor, test, and in- (a) Contents. A PTCIP filed pursuant
spect processes, procedures, facilities, to this subpart shall, at a minimum,
documents, records, design and testing describe:
materials, artifacts, training materials (1) The functional requirements that
and programs, and any other informa- the proposed system must meet;
tion used in the design, development, (2) How the PTC railroad intends to
manufacture, test, implementation, comply with §§ 236.1009(c) and (d);
and operation of the system, as well as (3) How the PTC system will provide
interview any personnel: for interoperability of the system be-
(1) Associated with a PTC system for tween the host and all tenant railroads
which a Type Approval or PTC System on the track segments required to be
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§ 236.1011 49 CFR Ch. II (10–1–11 Edition)
equipped with PTC systems under this (B) Include each tenant railroad’s re-
subpart and: sponse to the host railroad’s written
(i) Include relevant provisions of request made in accordance with para-
agreements, executed by all applicable graph (a)(6)(iv)(A) of this section;
railroads, in place to achieve interoper- (7) The number of wayside devices re-
ability; quired for each track segment and the
(ii) List all methods used to obtain installation schedule to complete way-
interoperability; and side equipment installation by Decem-
(iii) Identify any railroads with re- ber 31, 2015;
spect to which interoperability agree- (8) Identification of each track seg-
ments have not been achieved as of the ment on the railroad as mainline or
time the plan is filed, the practical ob- non-mainline track. If the PTCIP in-
stacles that were encountered that pre- cludes an MTEA, as defined by
vented resolution, and the further § 236.1019, the PTCIP should identify
steps planned to overcome those obsta- the tracks included in the MTEA as
cles; main line track with a reference to the
(4) How, to the extent practical, the MTEA;
PTC system will be implemented to ad- (9) To the extent the railroad deter-
dress areas of greater risk to the public mines that risk-based prioritization re-
and railroad employees before areas of quired by paragraph (a)(4) of this sec-
lesser risk; tion is not practical, the basis for this
(5) The sequence and schedule in determination; and
which track segments will be equipped (10) The dates the associated PTCDP
and the basis for those decisions, and and PTCSP, as applicable, will be sub-
shall at a minimum address the fol- mitted to FRA in accordance with
lowing risk factors by track segment: § 236.1009.
(b) Additional Class I railroad PTCIP
(i) Segment traffic characteristics
requirements. Each Class I railroad shall
such as typical annual passenger and
include:
freight train volume and volume of
(1) In its PTCIP a strategy for full de-
poison- or toxic-by-inhalation (PIH or
ployment of its PTC system, describing
TIH) shipments (loads, residue);
the criteria that it will apply in identi-
(ii) Segment operational characteris-
fying additional rail lines on its own
tics such as current method of oper-
network, and rail lines of entities that
ation (including presence or absence of
it controls or engages in joint oper-
a block signal system), number of
ations with, for which full or partial
tracks, and maximum allowable train
deployment of PTC technologies is ap-
speeds, including planned modifica-
propriate, beyond those required to be
tions; and
equipped under this subpart. Such cri-
(iii) Route attributes bearing on risk, teria shall include consideration of the
including ruling grades and extreme policies established by 49 U.S.C. 20156
curvature; (railroad safety risk reduction pro-
(6) The following information relat- gram), and regulations issued there-
ing to rolling stock: under, as well as non-safety business
(i) What rolling stock will be benefits that may accrue.
equipped with PTC technology; (2) In the Technology Implementa-
(ii) The schedule to equip that rolling tion Plan of its Risk Reduction Pro-
stock by December 31, 2015; gram, when first required to be filed in
(iii) All documents and information accordance with 49 U.S.C. 20156 and any
required by § 236.1006; and regulation promulgated thereunder, a
(iv) Unless the tenant railroad is fil- specification of rail lines selected for
ing its own PTCIP, the host railroad’s full or partial deployment of PTC
PTCIP shall: under the criteria identified in its
(A) Attest that the host railroad has PTCIP.
made a formal written request to each (3) Nothing in this paragraph shall be
tenant railroad requesting identifica- construed to create an expectation or
tion of each item of rolling stock to be requirement that additional rail lines
PTC system equipped and the date each beyond those required to be equipped
will be equipped; and by this subpart must be equipped or
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Federal Railroad Administration, DOT § 236.1013
that such lines will be equipped during (2) A description of the railroad oper-
the period of primary implementation ation or categories of operations on
ending December 31, 2015. which the PTC system is designed to be
(4) As used in this paragraph, ‘‘par- used, including train movement den-
tial implementation’’ of a PTC system sity (passenger, freight), operating
refers to use, pursuant to subpart H of speeds (including a thorough expla-
this part, of technology embedded in nation of intended compliance with
PTC systems that does not employ all § 236.1007), track characteristics, and
of the functionalities required by this railroad operating rules;
subpart. (3) An operational concepts docu-
(c) FRA review. Within 90 days of re- ment, including a list with complete
ceipt of a PTCIP, the Associate Admin- descriptions of all functions which the
istrator will approve or disapprove of PTC system will perform to enhance or
the plan and notify in writing the af- preserve safety;
fected railroad or other entity. If the (4) A document describing the man-
PTCIP is not approved, the notification ner in which the PTC system architec-
will include the plan’s deficiencies. ture satisfies safety requirements;
Within 30 days of receipt of that notifi- (5) A preliminary human factors
cation, the railroad or other entity analysis, including a complete descrip-
that submitted the plan shall correct tion of all human-machine interfaces
all deficiencies and resubmit the plan and the impact of interoperability re-
in accordance with § 236.1009 and para- quirements on the same;
graph (a) of this section, as applicable. (6) An analysis of the applicability to
(d) Subpart H. A railroad that elects the PTC system of the requirements of
to install a PTC system when not re- subparts A through G of this part that
quired to do so may elect to proceed may no longer apply or are satisfied by
under this subpart or under subpart H the PTC system using an alternative
of this part. method, and a complete explanation of
(e) Upon receipt of a PTCIP, NPI, the manner in which those require-
PTCDP, or PTCSP, FRA posts on its ments are otherwise fulfilled;
public web site notice of receipt and (7) A prioritized service restoration
reference to the public docket in which and mitigation plan and a description
a copy of the filing has been placed. of the necessary security measures for
FRA may consider any public comment the system;
on each document to the extent prac- (8) A description of target safety lev-
ticable within the time allowed by law els (e.g., MTTHE for major subsystems
and without delaying implementation as defined in subpart H of this part), in-
of PTC systems. cluding requirements for system avail-
ability and a description of all backup
(f) The PTCIP shall be maintained to
methods of operation and any critical
reflect the railroad’s most recent PTC
assumptions associated with the target
deployment plans until all PTC system
levels;
deployments required under this sub-
(9) A complete description of how the
part are complete.
PTC system will enforce authorities
[75 FR 2699, Jan. 15, 2010, as amended at 75 and signal indications;
FR 59117, Sept. 27, 2010] (10) A description of the deviation
which may be proposed under
§ 236.1013 PTC Development Plan and § 236.1029(c), if applicable; and
Notice of Product Intent content re- (11) A complete description of how
quirements and Type Approval.
the PTC system will appropriately and
(a) For a PTC system to obtain a timely enforce all integrated hazard
Type Approval from FRA, the PTCDP detectors in accordance with
shall be filed in accordance with § 236.1005(c)(3), if applicable.
§ 236.1009 and shall include: (b) If the Associate Administrator
(1) A complete description of the PTC finds that the system described in the
system, including a list of all PTC sys- PTCDP would satisfy the requirements
tem components and their physical re- for PTC systems under this subpart and
lationships in the subsystem or sys- that the applicant has made a reason-
tem; able showing that a system built to the
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§ 236.1015 49 CFR Ch. II (10–1–11 Edition)
stated requirements would achieve the ing that the system complies with this
level of safety mandated for such a sys- part, the Associate Administrator ap-
tem under § 236.1015, the Associate Ad- proves the PTCSP and issues a PTC
ministrator may grant a numbered System Certification. Receipt of a PTC
Type Approval for the system. System Certification affirms that the
(c) Each Type Approval shall be valid PTC system has been reviewed and ap-
for a period of 5 years, subject to auto- proved by FRA in accordance with, and
matic and indefinite extension pro- meets the requirements of, this part.
vided that at least one PTC System (b) A PTCSP submitted under this
Certification using the subject PTC subpart may reference and utilize in
system has been issued within that pe- accordance with this subpart any Type
riod and not revoked. Approval previously issued by the As-
(d) The Associate Administrator may sociate Administrator to any railroad,
prescribe special conditions, amend- provided that the railroad:
ments, and restrictions to any Type (1) Maintains a continually updated
Approval as necessary for safety. PTCPVL pursuant to § 236.1023;
(e) If submitted, an NPI must contain (2) Shows that the supplier from
the following information: which they are procuring the PTC sys-
(1) A description of the railroad oper- tem has established and can maintain a
ation or categories of operations on quality control system for PTC system
which the proposed PTC system is de- design and manufacturing acceptable
signed to be used, including train to the Associate Administrator. The
movement density (passenger, freight), quality control system must include
operating speeds (including a thorough the process for the product supplier or
explanation of intended compliance vendor to promptly and thoroughly re-
with § 236.1007), track characteristics, port any safety-relevant failure and
and railroad operating rules; previously unidentified hazards to each
(2) An operational concepts docu- railroad using the product; and
ment, including a list with complete (3) Provides the applicable licensing
descriptions of all functions that the information.
proposed PTC system will perform to
(c) A PTCSP submitted in accordance
enhance or preserve safety;
with this subpart shall:
(3) A description of target safety lev-
els (e.g., MTTHE for major subsystems (1) Include the FRA approved PTCDP
as defined in subpart H of this part), in- or, if applicable, the FRA issued Type
cluding requirements for system avail- Approval;
ability and a description of all backup (2)(i) Specifically and rigorously doc-
methods of operation and any critical ument each variance, including the sig-
assumptions associated with the target nificance of each variance between the
levels; PTC system and its applicable oper-
(4) A complete description of how the ating conditions as described in the ap-
proposed PTC system will enforce au- plicable PTCDP from that as described
thorities and signal indications; and in the PTCSP, and attest that there
(5) A complete description of how the are no other such variances; or
proposed PTC system will appro- (ii) Attest that there are no
priately and timely enforce all inte- variances between the PTC system and
grated hazard detectors in accordance its applicable operating conditions as
with § 236.1005(c)(3), if applicable. described in the applicable PTCDP
from that as described in the PTCSP;
§ 236.1015 PTC Safety Plan content re- and
quirements and PTC System Certifi- (3) Attest that the system was other-
cation. wise built in accordance with the appli-
(a) Before placing a PTC system re- cable PTCDP and PTCSP and achieves
quired under this part in service, the the level of safety represented therein.
host railroad must submit to FRA a (d) A PTCSP shall include the same
PTCSP and receive a PTC System Cer- information required for a PTCDP
tification. If the Associate Adminis- under § 236.1013(a). If a PTCDP has been
trator finds that the PTCSP and sup- filed and approved prior to filing of the
porting documentation support a find- PTCSP, the PTCSP may incorporate
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Federal Railroad Administration, DOT § 236.1015
the PTCDP by reference, with the ex- equipment as necessary to ensure safe-
ception that a final human factors ty;
analysis shall be provided. The PTCSP (9) A complete description of the con-
shall contain the following additional figuration or revision control measures
elements: designed to ensure that the railroad or
(1) A hazard log consisting of a com- its contractor does not adversely affect
prehensive description of all safety-rel- the safety-functional requirements and
evant hazards not previously addressed that safety-critical hazard mitigation
by the vendor or supplier to be ad- processes are not compromised as a re-
dressed during the life-cycle of the PTC sult of any such change;
system, including maximum threshold (10) A complete description of all ini-
limits for each hazard (for unidentified tial implementation testing procedures
hazards, the threshold shall be exceed- necessary to establish that safety-func-
ed at one occurrence); tional requirements are met and safe-
(2) A description of the safety assur- ty-critical hazards are appropriately
ance concepts that are to be used for mitigated;
system development, including an ex- (11) A complete description of all
planation of the design principles and post-implementation testing (valida-
assumptions; tion) and monitoring procedures, in-
(3) A risk assessment of the as-built cluding the intervals necessary to es-
PTC system described; tablish that safety-functional require-
(4) A hazard mitigation analysis, in- ments, safety-critical hazard mitiga-
cluding a complete and comprehensive tion processes, and safety-critical tol-
description of each hazard and the erances are not compromised over
mitigation techniques used; time, through use, or after mainte-
(5) A complete description of the nance (adjustment, repair, or replace-
safety assessment and Verification and ment) is performed;
Validation processes applied to the (12) A complete description of each
PTC system, their results, and whether record necessary to ensure the safety
these processes address the safety prin- of the system that is associated with
ciples described in Appendix C to this periodic maintenance, inspections,
part directly, using other safety cri- tests, adjustments, repairs, or replace-
teria, or not at all; ments, and the system’s resulting con-
(6) A complete description of the rail- ditions, including records of component
road’s training plan for railroad and failures resulting in safety-relevant
contractor employees and supervisors hazards (see § 236.1037);
necessary to ensure safe and proper in- (13) A safety analysis to determine
stallation, implementation, operation, whether, when the system is in oper-
maintenance, repair, inspection, test- ation, any risk remains of an unin-
ing, and modification of the PTC sys- tended incursion into a roadway work
tem; zone due to human error. If the anal-
(7) A complete description of the spe- ysis reveals any such risk, the PTCDP
cific procedures and test equipment and PTCSP shall describe how that
necessary to ensure the safe and proper risk will be mitigated;
installation, implementation, oper- (14) A more detailed description of
ation, maintenance, repair, inspection, any alternative arrangements as al-
testing, and modification of the PTC ready provided under § 236.1005(a)(1)(i).
system on the railroad and establish (15) A complete description of how
safety-critical hazards are appro- the PTC system will enforce authori-
priately mitigated. These procedures, ties and signal indications, unless al-
including calibration requirements, ready completely provided for in the
shall be consistent with or explain de- PTCDP;
viations from the equipment manufac- (16) A description of how the PTCSP
turer’s recommendations; complies with § 236.1019(f), if applicable;
(8) A complete description of any ad- (17) A description of any deviation in
ditional warning to be placed in the operational requirements for en route
Operations and Maintenance Manual in failures as specified under § 236.1029(c),
the same manner specified in § 236.919 if applicable and unless already com-
and all warning labels to be placed on pletely provided for in the PTCDP;
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§ 236.1015 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.1019
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§ 236.1020 49 CFR Ch. II (10–1–11 Edition)
(3) Either of the following conditions review and approval. FRA may require
exists: a collision hazard analysis to identify
(i) No freight operations are per- hazards and may require that specific
mitted; or mitigations be undertaken. Operations
(ii) Freight operations are permitted under any such exception shall be con-
but no passengers will be aboard pas- ducted subject to the terms and condi-
senger trains within the defined limits. tions of the approval. Any main line
(c) Limited operations exception. FRA track exclusion is subject to periodic
will consider an exception in the case review.
of a track segment used for limited op- (e) Temporal separation. As used in
erations (operating in accordance with this section, temporal separation
§ 236.0 of this part) under one of the fol- means that limited passenger and
lowing sets of conditions: freight operations do not operate on
(1) The trackage is used for limited any segment of shared track during the
operations by at least one passenger same period and also refers to the proc-
railroad subject to at least one of the esses or physical arrangements, or
following conditions: both, in place to ensure that temporal
(i) All trains are limited to restricted separation is established and main-
speed; tained at all times. The use of exclu-
(ii) Temporal separation of passenger sive authorities under mandatory di-
and other trains is maintained as pro- rectives is not, by itself, sufficient to
vided in paragraph (e) of this section; establish that temporal separation is
or achieved. Procedures to ensure tem-
(iii) Passenger service is operated poral separation shall include
under a risk mitigation plan submitted verification checks between passenger
by all railroads involved in the joint and freight operations and effective
operation and approved by FRA. The physical means to positively ensure
risk mitigation plan must be supported segregation of passenger and freight
by a risk assessment establishing that operations in accordance with this
the proposed mitigations will achieve a paragraph.
level of safety not less than the level of (f) PTCSP requirement. No PTCSP—
safety that would obtain if the oper- filed after the approval of a PTCIP
ations were conducted under paragraph with an MTEA—shall be approved by
(c)(1) or (c)(2) of this section. FRA unless it attests that no changes,
(2) Passenger service is operated on a except for those included in an FRA ap-
segment of track of a freight railroad proved RFA, have been made to the in-
that is not a Class I railroad on which formation in the PTCIP and MTEA re-
less than 15 million gross tons of quired by paragraph (b) or (c) of this
freight traffic is transported annually section.
and on which one of the following con- (g) Designation modifications. If subse-
ditions applies: quent to approval of its PTCIP or
(i) If the segment is unsignaled and PTCSP the railroad seeks to modify
no more than four regularly scheduled which track or tracks should be des-
passenger trains are operated during a ignated as main line or not main line,
calendar day, or it shall request modification of its
(ii) If the segment is signaled (e.g., PTCIP or PTCSP, as applicable, in ac-
equipped with a traffic control system, cordance with § 236.1021.
automatic block signal system, or cab [75 FR 2699, Jan. 15, 2010, as amended at 75
signal system) and no more than 12 FR 59117, Sept. 27, 2010]
regularly scheduled passenger trains
are operated during a calendar day. § 236.1020 Exclusion of track segments
(3) Not more than four passenger for implementation due to cessation
trains per day are operated on a seg- of PIH materials service or rerout-
ment of track of a Class I freight rail- ing.
road on which less than 15 million (a) Purpose and scope. This section
gross tons of freight traffic is trans- sets forth the conditions under which
ported annually. track segments identified in the 2008
(d) A limited operations exception baseline described in § 236.1005(b)(2)
under paragraph (c) is subject to FRA may be removed from the PTCIP. A
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Federal Railroad Administration, DOT § 236.1020
track segment qualified for removal lated conditions for analysis. In deter-
under this section may be removed mining whether risk is substantially
after FRA approves a request con- the same, FRA will consider the vol-
tained in the PTCIP or an RFA filed ume of traffic diverted, and such other
prior to the required and scheduled factors as safety may require.
PTC installation date for the subject (3) Residual risk. In the case of a
track segment. track segment for which cessation of
(b) Cessation of PIH materials service. local service is established under para-
Except as provided in paragraph (c) of graph (b)(1) of this section and for
this section, the following three condi- which analysis shows any overhead
tions must all be satisfied in order to PIH materials traffic could properly be
justify removal of a track segment rerouted under paragraph (b)(2) of this
from the PTCIP: section, the railroad shall also estab-
(1) Local service. The railroad must af- lish that the remaining risk arising
firm that there is no remaining local from rail operations on the track seg-
PIH materials traffic expected on the ment—pertaining to events that can be
track segment, or that service is ex- prevented or mitigated in severity by a
pected to cease as of a date certain PTC system—is less than the average
prior to December 31, 2015. In the case equivalent risk per route mile on track
of future cessation of local service, the segments required to be equipped with
expectation may be documented by PTC because of annual gross tonnage
statements from all current PIH mate- and the presence of PIH materials traf-
rials shippers and/or consignees. The fic (excluding track segments also car-
railroad is not required to anticipate rying passenger traffic). Such average
future requests for service not in keep- equivalent risk shall be determined as
ing with prior service patterns.(See of a time prior to installation of PTC
§ 236.1005(b)(3)). on the line segments. This provision of
(2) Overhead traffic. (i) To the extent the rule requires a future rulemaking
that the track segment carried PIH to finalize and implement a risk eval-
materials traffic other than local traf- uation methodology. Lines identified
fic in 2008, the railroad must establish for removal subject to this provision
that current or prospective rerouting will not be required to be equipped
to one or more alternate track seg- with PTC prior to the issuance of a
ments is justified. In making this final rule detailing the methodology.
showing, the railroad must assume, for (i) FRA will develop a risk evaluation
purposes of analysis only, that both methodology for the purpose of con-
the subject track segment and the al- ducting the analysis required pursuant
ternative route(s) will be equipped and to paragraph (b)(3) of this section. The
operated with PTC. Rerouting will be risk evaluation methodology will be fi-
justified if the analysis is conducted in nalized through a separate rulemaking
accordance with the same procedures proceeding that will permit all inter-
and using the same methodology as re- ested parties to provide input on the
quired for safety and security route specific methodology and, whether that
analysis under 49 CFR 172.820, with ap- methodology should be employed. If in
propriate quantitative weight given to the rulemaking proceeding FRA deter-
risk reduction effected by installation mines that a risk methodology should
of a PTC system. If the track segment not be employed, then FRA will amend
in question is not clearly the route pos- this final rule to eliminate the residual
ing the least overall safety and secu- risk provisions.
rity risks, then removal of the line (ii) Any track segment qualifying for
from the PTCIP may be granted. consideration under paragraph (b)(3) of
(ii) However, unlike analysis under this section and identified by the rail-
part 172, FRA will consider the case for road for requested removal from the
rerouting and removal of the line from PTCIP shall be considered to be ‘‘pend-
the PTCIP to be made if the alter- ing for decision’’ until such time as
native(s) to the track segment sought FRA has published the risk evaluation
to be removed has substantially the methodology identified in paragraph
same overall safety and security risks (b)(3)(i) of this section. If a final risk
as the subject routes under the stipu- evaluation methodology is employed,
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§ 236.1021 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.1023
with railroad safety, taking into con- approved PTCSP of this part, it is not
sideration all changes in the method of necessary to file for approval to de-
operation and system functionalities, crease the limits of a system when it
both within normal PTC system avail- involves the:
ability and in the case of a system (1) Decrease of the limits of a PTC
failed state (unavailable), con- system when interlocked switches, de-
templated in conjunction with installa- rails, or movable-point frogs are not in-
tion of the PTC system. The railroad volved;
submitting the RFA must, at FRA’s re- (2) Removal of an electric or mechan-
quest, perform field testing in accord- ical lock, or signal used in lieu thereof,
ance with § 236.1035 or engage in from hand-operated switch in a PTC
Verification and Validation in accord- system where train speed over such
ance with § 236.1017. switch does not exceed 20 miles per
(g) FRA may issue at its discretion a hour, and use of those devices has not
new Type Approval number for a PTC been part of the considerations for ap-
system modified under this section.
proval of a PTCSP; or
(h) Changes requiring filing of an RFA.
(3) Removal of an electric or mechan-
Except as provided by paragraph (i), an
RFA shall be filed to request the fol- ical lock, or signal used in lieu thereof,
lowing: from a hand-operated switch in a PTC
(1) Discontinuance of a PTC system, system where trains are not permitted
or other similar appliance or device; to clear the main track at such switch
(2) Decrease of the PTC system’s lim- and use of those devices has not been a
its (e.g., exclusion or removal of a PTC part of the considerations for approval
system on a track segment); of a PTCSP.
(3) Modification of a safety critical (k) Modifications not requiring the fil-
element of a PTC system; or ing of an RFA. When the resultant ar-
(4) Modification of a PTC system that rangement will comply with an ap-
affects the safety critical functionality proved PTCSP of this part, it is not
of any other PTC system with which it necessary to file an application for ap-
interoperates. proval of the following modifications:
(i) Discontinuances not requiring the (1) A modification that is required to
filing of an RFA. It is not necessary to comply with an order of the Federal
file an RFA for the following Railroad Administration or any section
discontinuances: of part 236 of this title;
(1) Removal of a PTC system from (2) Installation of devices used to pro-
track approved for abandonment by vide protection against unusual contin-
formal proceeding; gencies such as landslide, burned
(2) Removal of PTC devices used to bridges, high water, high and wide
provide protection against unusual loads, or dragging equipment;
contingencies such as landslide, burned (3) Elimination of existing track
bridge, high water, high and wide load, other than a second main track;
or tunnel protection when the unusual (4) Extension or shortening of a pass-
contingency no longer exists;
ing siding; or
(3) Removal of the PTC devices that
(5) The temporary or permanent ar-
are used on a movable bridge that has
been permanently closed by the formal rangement of existing systems neces-
approval of another government agen- sitated by highway-rail grade separa-
cy and is mechanically secured in the tion construction. Temporary arrange-
closed position for rail traffic; or ments shall be removed within six
(4) Removal of the PTC system from months following completion of con-
service for a period not to exceed 6 struction.
months that is necessitated by cata-
§ 236.1023 Errors and malfunctions.
strophic occurrence such as derail-
ment, flood, fire, or hurricane, or (a) Each railroad implementing a
earthquake. PTC system on its property shall es-
(j) Changes not requiring the filing of tablish and continually update a PTC
an RFA. When the resultant change to Product Vendor List (PTCPVL) that
the PTC system will comply with an includes all vendors and suppliers of
753
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§ 236.1023 49 CFR Ch. II (10–1–11 Edition)
each PTC system, subsystem, compo- (e) After the product is placed in
nent, and associated product, and proc- service, the railroad shall maintain a
ess in use system-wide. The PTCPVL database of all safety-relevant hazards
shall be made available to FRA upon as set forth in the PTCSP and those
request. that had not previously been identified
(b)(1) The railroad shall specify with- in the PTCSP. If the frequency of the
in its PTCSP all contractual arrange- safety-relevant hazard exceeds the
ments with hardware and software sup- thresholds set forth in the PTCSP, or
pliers or vendors for immediate notifi- has not been previously identified in
cation between the parties of any and the appropriate risk analysis, the rail-
all safety-critical software failures, up- road shall:
grades, patches, or revisions, as well as (1) Notify the applicable vendor or
any hardware repairs, replacements, or supplier and FRA of the failure, mal-
modifications for their PTC system, function, or defective condition that
subsystems, or components. decreased or eliminated the safety
(2) A vendor or supplier, on receipt of functionality;
a report of any safety-critical failure (2) Keep the applicable vendor or sup-
to their product, shall promptly notify plier and FRA apprised on a continual
all other railroads that are using that basis of the status of any and all subse-
product, whether or not the other rail- quent failures; and
roads have experienced the reported (3) Take prompt counter measures to
failure of that safety-critical system, reduce or eliminate the frequency of
subsystem, or component. the safety-relevant hazards below the
threshold identified in the PTCSP.
(3) The notification from a supplier
(f) Each notification to FRA required
to any railroad shall include expla-
by this section shall:
nation from the supplier of the reasons
(1) Be made within 15 days after the
for such notification, the cir-
vendor, supplier, or railroad discovers
cumstances associated with the failure,
the failure, malfunction, or defective
and any recommended mitigation ac-
condition. However, a report that is
tions to be taken pending determina-
due on a Saturday or a Sunday may be
tion of the root cause and final correc- delivered on the following Monday and
tive actions. one that is due on a holiday may be de-
(c) The railroad shall: livered on the next business day;
(1) Specify the railroad’s process and (2) Be transmitted in a manner and
procedures in its PTCSP for action form acceptable to the Associate Ad-
upon their receipt of notification of ministrator and by the most expedi-
safety-critical failure, as well as re- tious method available; and
ceipt of a safety-critical upgrade, (3) Include as much available and ap-
patch, revision, repair, replacement, or plicable information as possible, in-
modification. cluding:
(2) Identify configuration/revision (i) PTC system name and model;
control measures in its PTCSP that are (ii) Identification of the part, compo-
designed to ensure the safety-func- nent, or system involved, including the
tional requirements and the safety- part number as applicable;
critical hazard mitigation processes (iii) Nature of the failure, malfunc-
are not compromised as a result of any tions, or defective condition;
change and that such a change can be (iv) Mitigation taken to ensure the
audited. safety of train operation, railroad em-
(d) The railroad shall provide to the ployees, and the public; and
applicable vendor or supplier the rail- (v) The estimated time to correct the
road’s procedures for action upon noti- failure.
fication of a safety-critical failure, up- (4) In the event that all information
grade, patch, or revision for the PTC required by paragraph (f)(3) of this sec-
system, subsystem, component, prod- tion is not immediately available, the
uct, or process, and actions to be taken non-available information shall be for-
until the faulty system, subsystem, or warded to the Associate Administrator
component has been adjusted, repaired as soon as practicable in supplemental
or replaced. reports.
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Federal Railroad Administration, DOT § 236.1029
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§ 236.1031 49 CFR Ch. II (10–1–11 Edition)
train may only continue in accordance (d) Each railroad shall comply with
with the following: all provisions in the applicable PTCDP
(1) The train may proceed at re- and PTCSP for each PTC system it
stricted speed, or if a block signal sys- uses and shall operate within the scope
tem is in operation according to signal of initial operational assumptions and
indication at medium speed, to the predefined changes identified.
next available point where communica- (e) The normal functioning of any
tion of a report can be made to a des- safety-critical PTC system must not be
ignated railroad officer of the host rail- interfered with in testing or otherwise
road; without first taking measures to pro-
(2) Upon completion and communica- vide for the safe movement of trains,
tion of the report required in para- locomotives, roadway workers, and on-
graph (b)(1) of this section, or where
track equipment that depend on the
immediate electronic report of said
normal functioning of the system.
condition is appropriately provided by
the PTC system itself, a train may con- (f) The PTC system’s onboard appa-
tinue to a point where an absolute ratus shall be so arranged that each
block can be established in advance of member of the crew assigned to per-
the train in accordance with the fol- form duties in the locomotive can re-
lowing: ceive the same PTC information dis-
(i) Where no block signal system is in played in the same manner and execute
use, the train may proceed at re- any functions necessary to that crew
stricted speed, or member’s duties. The locomotive engi-
(ii) Where a block signal system is in neer shall not be required to perform
operation according to signal indica- functions related to the PTC system
tion, the train may proceed at a speed while the train is moving that have the
not to exceed medium speed. potential to distract the locomotive
(3) Upon reaching the location where engineer from performance of other
an absolute block has been established safety-critical duties.
in advance of the train, as referenced
in paragraph (b)(2) of this section, the § 236.1031 Previously approved PTC
train may proceed in accordance with systems.
the following: (a) Any PTC system fully imple-
(i) Where no block signal system is in mented and operational prior to March
use, the train may proceed at medium 16, 2010, may receive PTC System Cer-
speed; however, if the involved train is tification if the applicable PTC rail-
a passenger train or a train hauling road, or one or more system suppliers
any amount of PIH material, it may and one or more PTC railroads, sub-
only proceed at a speed not to exceed 30 mits a Request for Expedited Certifi-
miles per hour. cation (REC) letter to the Associate
(ii) Where a block signal system is in Administrator. The REC letter must do
use, a passenger train may proceed at a
one of the following:
speed not to exceed 59 miles per hour
(1) Reference a product safety plan
and a freight train may proceed at a
speed not to exceed 49 miles per hour. (PSP) approved by FRA under subpart
(iii) Except as provided in paragraph H of this part and include a document
(c), where a cab signal system with an fulfilling the requirements under
automatic train control system is in §§ 236.1011 and 236.1013 not already in-
operation, the train may proceed at a cluded in the PSP;
speed not to exceed 79 miles per hour. (2) Attest that the PTC system has
(c) In order for a train equipped with been approved by FRA and in operation
PTC traversing a track segment for at least 5 years and has already re-
equipped with PTC to deviate from the ceived an assessment of Verification
operating limitations contained in and Validation from an independent
paragraph (b) of this section, the devi- third party under part 236 or a waiver
ation must be described and justified in supporting such operation; or
the FRA approved PTCDP or PTCSP, (3) Attest that the PTC system is rec-
or the Order of Particular Applica- ognized under an Order issued prior to
bility, as applicable. March 16, 2010.
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Federal Railroad Administration, DOT § 236.1033
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§ 236.1035 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT § 236.1043
maintained. They must identify all their safety and how to avoid inter-
software versions, revisions, and revi- fering with its proper functioning; and
sion dates. Plans must be legible and (5) The direct supervisors of persons
correct. listed in paragraphs (a)(1) through
(c) Hardware, software, and firmware (a)(4) of this section.
revisions must be documented in the (b) Competencies. The employer’s pro-
Operations and Maintenance Manual gram must provide training for persons
according to the railroad’s configura- who perform the functions described in
tion management control plan and any paragraph (a) of this section to ensure
additional configuration/revision con- that they have the necessary knowl-
trol measures specified in the PTCDP edge and skills to effectively complete
and PTCSP. their duties related to operation and
(d) Safety-critical components, in- maintenance of the PTC system.
cluding spare equipment, must be posi-
§ 236.1043 Task analysis and basic re-
tively identified, handled, replaced, quirements.
and repaired in accordance with the
procedures specified in the PTCDP and (a) Training structure and delivery. As
PTCSP. part of the program required by
(e) Each railroad shall designate in § 236.1041, the employer shall, at a min-
its Operations and Maintenance Man- imum:
(1) Identify the specific goals of the
ual an appropriate railroad officer re-
training program with regard to the
sponsible for issues relating to sched-
target population (craft, experience
uled interruptions of service con-
level, scope of work, etc.), task(s), and
templated by § 236.1029.
desired success rate;
§ 236.1041 Training and qualification (2) Based on a formal task analysis,
program, general. identify the installation, maintenance,
repair, modification, inspection, test-
(a) Training program for PTC per- ing, and operating tasks that must be
sonnel. Employers shall establish and performed on a railroad’s PTC systems.
implement training and qualification This includes the development of fail-
programs for PTC systems subject to ure scenarios and the actions expected
this subpart. These programs must under such scenarios;
meet the minimum requirements set (3) Develop written procedures for
forth in the PTCDP and PTCSP in the performance of the tasks identi-
§§ 236.1039 through 236.1045, as appro- fied;
priate, for the following personnel: (4) Identify the additional knowledge,
(1) Persons whose duties include in- skills, and abilities above those re-
stalling, maintaining, repairing, modi- quired for basic job performance nec-
fying, inspecting, and testing safety- essary to perform each task;
critical elements of the railroad’s PTC (5) Develop a training and evaluation
systems, including central office, way- curriculum that includes classroom,
side, or onboard subsystems; simulator, computer-based, hands-on,
(2) Persons who dispatch train oper- or other formally structured training
ations (issue or communicate any man- designed to impart the knowledge,
datory directive that is executed or en- skills, and abilities identified as nec-
forced, or is intended to be executed or essary to perform each task;
enforced, by a train control system (6) Prior to assignment of related
subject to this subpart); tasks, require all persons mentioned in
(3) Persons who operate trains or § 236.1041(a) to successfully complete a
serve as a train or engine crew member training curriculum and pass an exam-
subject to instruction and testing ination that covers the PTC system
under part 217 of this chapter, on a and appropriate rules and tasks for
train operating in territory where a which they are responsible (however,
train control system subject to this such persons may perform such tasks
subpart is in use; under the direct onsite supervision of a
(4) Roadway workers whose duties re- qualified person prior to completing
quire them to know and understand such training and passing the examina-
how a train control system affects tion);
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§ 236.1045 49 CFR Ch. II (10–1–11 Edition)
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Federal Railroad Administration, DOT Pt. 236, App. A
(2) The PTCDP and PTCSP shall ad- shall be integrated into the program of
dress and describe the training re- training required under this chapter.
quired with provisions for the mainte-
nance of skills proficiency. As a min- § 236.1049 Training specific to road-
imum, the training program must: way workers.
(i) As described in § 236.1043(a)(2), de- (a) Roadway worker training. Training
velop failure scenarios which incor- required under this subpart for a road-
porate the safety hazards identified in way worker shall be integrated into
the PTCDP and PTCSP including the the program of instruction required
return of train operations to a fully under part 214, subpart C of this chap-
manual mode; ter (‘‘Roadway Worker Protection’’),
(ii) Provide training, consistent with consistent with task analysis require-
§ 236.1047(a), for safe train operations ments of § 236.1043. This training shall
under all failure scenarios and identi- provide instruction for roadway work-
fied safety hazards that affect train op- ers who provide protection for them-
erations; selves or roadway work groups.
(iii) Provide training, consistent with (b) Training subject areas. (1) Instruc-
§ 236.1047(a), for safe train operations tion for roadway workers shall ensure
under manual control; and an understanding of the role of proc-
(iv) Consistent with § 236.1047(a), en- essor-based signal and train control
sure maintenance of manual train op- equipment in establishing protection
erating skills by requiring manual for roadway workers and their equip-
starting and stopping of the train for ment.
an appropriate number of trips and by (2) Instruction for all roadway work-
one or more of the following methods: ers working in territories where PTC is
(A) Manual operation of a train for a required under this subpart shall en-
4-hour work period; sure recognition of processor-based sig-
(B) Simulated manual operation of a nal and train control equipment on the
train for a minimum of 4 hours in a wayside and an understanding of how
Type I simulator as required; or to avoid interference with its proper
(C) Other means as determined fol- functioning.
lowing consultation between the rail- (3) Instructions concerning the rec-
road and designated representatives of ognition of system failures and the pro-
the affected employees and approved vision of alternative methods of on-
by FRA. The PTCDP and PTCSP shall track safety in case the train control
designate the appropriate frequency system fails, including periodic prac-
when manual operation, starting, and tical exercises or simulations and oper-
stopping must be conducted, and the ational testing under part 217 of this
appropriate frequency of simulated chapter to ensure the continued capa-
manual operation. bility of roadway workers to be free
(d) Conductor training. Training re- from the danger of being struck by a
quired under this subpart for a con- moving train or other on-track equip-
ductor, together with required records, ment.
General:
236.0 Applicability, minimum requirements ........................................................................................ $2,500 $5,000
236.1 Plans, where kept ..................................................................................................................... 1,000 2,000
236.2 Grounds .................................................................................................................................... 1,000 2,000
236.3 Locking of signal apparatus housings:
(a) Power interlocking machine cabinet not secured against unauthorized entry ................. 2,500 5,000
(b) other violations .................................................................................................................. 1,000 2,000
236.4 Interference with normal functioning of device ......................................................................... 5,000 7,500
236.5 Design of control circuits on closed circuit principle ................................................................ 1,000 2,000
236.6 Hand-operated switch equipped with switch circuit controller ................................................. 1,000 2,000
236.7 Circuit controller operated by switch-and-lock movement ....................................................... 1,000 2,000
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Pt. 236, App. A 49 CFR Ch. II (10–1–11 Edition)
Willful viola-
Section Violation tion
236.8 Operating characteristics of electro-magnetic, electronic, or electrical apparatus .................. 1,000 2,000
236.9 Selection of circuits through indicating or annunciating instruments ....................................... 1,000 2,000
236.10 Electric locks, force drop type; where required ...................................................................... 1,000 2,000
236.11 Adjustment, repair, or replacement of component ................................................................. 2,500 5,000
236.12 Spring switch signal protection; where required .................................................................... 1,000 2,000
236.13 Spring switch; selection of signal control circuits through circuit controller ........................... 1,000 2,000
236.14 Spring switch signal protection; requirements ........................................................................ 1,000 2,000
236.15 Timetable instructions ............................................................................................................. 1,000 2,000
236.16 Electric lock, main track releasing circuit:.
(a) Electric lock releasing circuit on main track extends into fouling circuit where turnout
not equipped with derail at clearance point either pipe-connected to switch or independ-
ently locked, electrically ...................................................................................................... 2,500 5,000
(b) other violations .................................................................................................................. 1,000 2,000
236.17 Pipe for operating connections, requirements 1,000 2,000
236.18 Software management control plan:.
Failure to develop and adopt a plan ....................................................................................... $5,000 $10,000
Failure to fully implement plan ................................................................................................ 5,000 10,000
Inadequate plan ...................................................................................................................... 2,500 10,000
Roadway Signals and Cab Signals—
236.21 Location of roadway signals ................................................................................................... 1,000 2,000
236.22 Semaphore signal arm; clearance to other objects ............................................................... 1,000 2,000
236.23 Aspects and indications .......................................................................................................... 1,000 2,000
236.24 Spacing of roadway signals .................................................................................................... 2,500 5,000
236.26 Buffing device, maintenance .................................................................................................. 1,000 2,000
Track Circuits—
236.51 Track circuit requirements:
(a) Shunt fouling circuit used where permissible speed through turnout greater than 45
m.p.h .................................................................................................................................... 2,500 5,000
(b) Track relay not in de-energized position or device that functions as track relay not in
its most restrictive state when train, locomotive, or car occupies any part of track circuit,
except fouling section of turnout of hand-operated main-track crossover ......................... 2,500 5,000
(c) other violations .................................................................................................................. 1,000 2,000
236.52 Relayed cut-section ................................................................................................................ 1,000 2,000
236.53 Track circuit feed at grade crossing ....................................................................................... 1,000 2,000
236.54 Minimum length of track circuit ............................................................................................... 1,000 2,000
236.55 Dead section; maximum length .............................................................................................. 1,000 2,000
236.56 Shunting sensitivity ................................................................................................................. 2,500 5,000
236.57 Shunt and fouling wires:
(a) Shunt or fouling wires do not consist of at least two discrete conductors ....................... 2,500 5,000
(b) other violations .................................................................................................................. 1,000 2,000
236.58 Turnout, fouling section:
(a) Rail joint in shunt fouling section not bonded ................................................................... 2,500 5,000
(b) other violations .................................................................................................................. 1,000 2,000
236.59 Insulated rail joints .................................................................................................................. 1,000 2,000
236.60 Switch shunting circuit; use restricted .................................................................................... 2,500 5,000
Wires and Cables—
236.71 Signal wires on pole line and aerial cable ............................................................................. 1,000 2,000
236.73 Open-wire transmission line; clearance to other circuits ....................................................... 1,000 2,000
236.74 Protection of insulated wire; splice in underground wire ....................................................... 1,000 2,000
236.76 Tagging of wires and interference of wires or tags with signal apparatus ............................ 1,000 2,000
Inspections and Tests; All Systems—
236.101 Purpose of inspection and tests; removal from service or relay or device failing to meet
test requirements ............................................................................................................................... 2,500 5,000
236.102 Semaphore or search-light signal mechanism ..................................................................... 1,000 2,000
236.103 Switch circuit controller or point detector ............................................................................. 1,000 2,000
236.104 Shunt fouling circuit .............................................................................................................. 1,000 2,000
236.105 Electric lock ........................................................................................................................... 1,000 2,000
236.106 Relays ................................................................................................................................... 1,000 2,000
236.107 Ground tests ......................................................................................................................... 1,000 2,000
236.108 Insulation resistance tests, wires in trunking and cables:
(a) Circuit permitted to function on a conductor having insulation resistance value less
than 200,000 ohms ............................................................................................................. 2,500 5,000
(b) other violations .................................................................................................................. 1,000 2,000
236.109 Time releases, timing relays and timing devices ................................................................. 1,000 2,000
236.110 Results of tests ..................................................................................................................... 1,000 2,000
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Federal Railroad Administration, DOT Pt. 236, App. A
Willful viola-
Section Violation tion
236.204 Track signaled for movements in both directions, requirements ......................................... 1,000 2,000
236.205 Signal control circuits; requirements .................................................................................... 1,000 2,000
236.206 Battery or power supply with respect to relay; location ....................................................... 1,000 2,000
Subpart C—Interlocking
236.401 Automatic block signal system and interlocking standards applicable to traffic control sys-
tems:
236.402 Signals controlled by track circuits and control operator ..................................................... 1,000 2,000
236.403 Signals at controlled point .................................................................................................... 1,000 2,000
236.404 Signals at adjacent control points ........................................................................................ 1,000 2,000
763
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Pt. 236, App. A 49 CFR Ch. II (10–1–11 Edition)
Willful viola-
Section Violation tion
236.405 Track signaled for movements in both directions, change of direction of traffic ................. 1,000 2,000
236.407 Approach or time locking; where required ........................................................................... 1,000 2,000
236.408 Route locking ........................................................................................................................ 1,000 2,000
236.410 Locking, hand-operated switch; requirements:
(a) Hand-operated switch on main track not electrically or mechanically locked in normal
position where signal not provided to govern movement to main track, movements
made at speeds in excess of 20 m.p.h., and train or engine movements may clear main
track ..................................................................................................................................... 2,500 5,000
(b) Hand-operated switch on signaled siding not electrically or mechanically locked in nor-
mal position where signal not provided to govern movements to signaled siding, train
movements made at speeds in excess of 30 m.p.h., and train or engine movements
may clear signaled siding .................................................................................................... 2,500 5,000
(c) Approach or time locking of electric lock at hand-operated switch can be defeated by
use of emergency release device of electric lock which is not kept sealed in non-release
position ................................................................................................................................ 2,500 5,000
(d) other violations .................................................................................................................. 1,000 2,000
Rules and Instructions—
236.426 Interlocking rules and instructions applicable to traffic control systems .............................. 1,000 2,000
236.476 Interlocking inspections and tests applicable to traffic control systems .............................. 1,000 2,000
Subpart E—Automatic Train Stop, Train Control and Cab Signal Systems Standards
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Federal Railroad Administration, DOT Pt. 236, App. A
Willful viola-
Section Violation tion
Subpart F—Dragging Equipment and Slide Detectors and Other Similar Protective Devices; Standards
765
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Pt. 236, App. A 49 CFR Ch. II (10–1–11 Edition)
Willful viola-
Section Violation tion
Operating in PTC territory a controlling locomotive without a required and operative PTC
onboard apparatus .............................................................................................................. 15,000 25,000
Failure to report as prescribed by this section ....................................................................... 5,000 7,500
Non-compliant operation of unequipped trains in PTC territory ............................................. 15,000 25,000
236.1007 Additional requirements for high-speed service:
Operation of passenger trains at speed equal to or greater than 60 mph on non-PTC-
equipped territory where required ....................................................................................... 15,000 25,000
Operation of freight trains at speed equal to or greater than 50 mph on non-PTC-equipped
territory where required ....................................................................................................... 15,000 25,000
Failure to fully implement incursion protection where required .............................................. 5,000 7,500
236.1009 Procedural requirements:
Failure to file PTCIP when required ....................................................................................... 5,000 7,500
Failure to amend PTCIP when required ................................................................................. 5,000 7,500
Failure to obtain Type Approval when required ..................................................................... 5,000 7,500
Failure to update NPI .............................................................................................................. 5,000 7,500
Operation of PTC system prior to system certification ........................................................... 16,000 25,000
236.1011 PTCIP content requirements:
Failure to install a PTC system in accordance with subpart I when so required .................. 11,000 16,000
236.1013 PTCDP content requirements and Type Approval:
Failure to maintain quality control system .............................................................................. 5,000 7,500
Inappropriate use of Type Approval ....................................................................................... 5,000 7,500
236.1015 PTCSP content requirements and PTC System Certification:
Failure to implement PTC system in accordance with the associated PTCSP and resultant
system certification .............................................................................................................. 16,000 25,000
Failure to maintain PTC system in accordance with the associated PTCSP and resultant
system certification .............................................................................................................. 16,000 25,000
Failure to maintain required supporting documentation ......................................................... 2,500 5,000
236.1017 Independent third party Verification and Validation:
Failure to conduct independent third party Verification and Validation when ordered .......... 11,000 16,000
236.1019 Main line track exceptions:
Revenue operations conducted in non-compliance with the passenger terminal exception 16,000 25,000
Revenue operations conducted in non-compliance with the limited operations exception ... 16,000 25,000
Failure to request modification of the PTCIP or PTCSP when required ............................... 11,000 16,000
Revenue operations conducted in violation of (c)(2) .............................................................. 16,000 25,000
Revenue operations conducted in violation of (c)(3) .............................................................. 25,000 25,000
236.1021 Discontinuances, material modifications, and amendments:
Failure to update PTCDP when required ............................................................................... 5,000 7,500
Failure to update PTCSP when required ............................................................................... 5,000 7,500
Failure to immediately adopt and comply with approved RFA .............................................. 5,000 7,500
Discontinuance or modification of a PTC system without approval when required ............... 11,000 16,000
236.1023 Errors and malfunctions:
Railroad failure to provide proper notification of PTC system error or malfunction ............... 5,000 7,500
Failure to maintain PTCPVL ................................................................................................... 2,500 5,000
Supplier failure to provide proper notification of previously identified PTC system error or
malfunction .......................................................................................................................... 5,000 7,500
Failure to provide timely notification ....................................................................................... 5,000 7,500
Failure to provide appropriate protective measures in the event of PTC system failure ...... 15,000 25,000
236.1027 Exclusions:
Integration of primary train control system with locomotive electronic system without ap-
proval ................................................................................................................................... 5,000 7,500
236.1029 PTC system use and en route failures:
Failure to determine cause of PTC system component failure without undue delay ............ 5,000 7,500
Failure to adjust, repair, or replace faulty PTC system component without undue delay ..... 5,000 7,500
Failure to take appropriate action pending adjustment, repair, or replacement of faulty
PTC system component ...................................................................................................... 15,000 25,000
Non-compliant train operation within PTC-equipped territory with inoperative PTC onboard
apparatus ............................................................................................................................. 5,000 7,500
Interference with the normal functioning of safety-critical PTC system ................................. 15,000 25,000
Improper arrangement of the PTC system onboard apparatus ............................................. 2,500 5,000
236.1033 Communications and security requirements:
Failure to provide cryptographic message integrity and authentication ................................. 5,000 7,500
Improper use of revoked cryptographic key ........................................................................... 5,000 15,000
Failure to protect cryptographic keys from unauthorized disclosure, modification, or substi-
tution .................................................................................................................................... 5,000 15,000
Failure to establish prioritized service restoration and mitigation plan for communication
services ............................................................................................................................... 5,000 7,500
236.1035 Field testing requirements:
Field testing without authorization or approval ....................................................................... 10,000 20,000
236.1037 Records retention:
Failure to maintain records and databases as required ......................................................... 7,500 15,000
Failure to report inconsistency ................................................................................................ 10,000 20,000
Failure to take prompt countermeasures ................................................................................ 10,000 20,000
Failure to provide final report .................................................................................................. 2,500 5,000
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Federal Railroad Administration, DOT Pt. 236, App. B
Willful viola-
Section Violation tion
[53 FR 52936, Dec. 29, 1988, as amended at 63 FR 11624, Mar. 10, 1998; 69 FR 30595, May 28, 2004;
70 FR 11104, Mar. 7, 2005; 73 FR 79704, Dec. 30, 2008; 75 FR 2715, Jan. 15, 2010]
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Pt. 236, App. C 49 CFR Ch. II (10–1–11 Edition)
techniques, such as reliability and avail- (h) What assumptions must be documented for
ability calculations for subsystems and com- risk assessment? (1) The railroad shall docu-
ponents, Fault Tree Analysis (FTA) of the ment any assumptions regarding the deriva-
subsystems, and results of the application of tion of risk metrics used. For example, for
safety design principles as noted in Appendix the full risk assessment, all assumptions
C to this part. The MTTHE is to be derived made about each value of the parameters
for both fail-safe and non-fail-safe sub- used in the calculation of total cost of acci-
systems or components. The lower bounds of dents should be documented. For abbreviated
the MTTF or MTBF determined from the risk assessment, all assumptions made for
system sensitivity analysis, which account MTHHE derivation using existing reliability
for all necessary and well justified assump- and availability data on the current system
tions, may be used to represent the estimate components should be documented. The rail-
of MTTHE for the associated non-fail-safe road shall document these assumptions in
subsystem or component in the risk assess- such a form as to permit later comparisons
ment. with in-service experience.
(f) How are processor-based subsystems/com- (2) The railroad shall document any as-
ponents assessed? (1) An MTTHE value must sumptions regarding human performance.
be calculated for each processor-based sub- The documentation shall be in such a form
system or component, or both, indicating the
as to facilitate later comparisons with in-
safety-critical behavior of the integrated
service experience.
hardware/software subsystem or component,
or both. The human factor impact must be (3) The railroad shall document any as-
included in the assessment, whenever appli- sumptions regarding software defects. These
cable, to provide the integrated MTTHE assumptions shall be in a form that permit
value. The MTTHE calculation must con- the railroad to project the likelihood of de-
sider the rates of failures caused by perma- tecting an in-service software defect. These
nent, transient, and intermittent faults ac- assumptions shall be documented in such a
counting for the fault coverage of the inte- form as to permit later comparisons with in-
grated hardware/software subsystem or com- service experience.
ponent, phased-interval maintenance, and (4) The railroad shall document all of the
restoration of the detected failures. identified safety-critical fault paths to a
(2) Software fault/failure analysis must be mishap as predicted by the safety analysis
based on the assessment of the design and methodology. The documentation shall be in
implementation of all safety-related soft- such a form as to facilitate later compari-
ware including the application code, its oper- sons with in-service faults.
ating/executive program, COTS software, and
[75 FR 2717, Jan. 15, 2010
associated device drivers, as well as histor-
ical performance data, analytical methods
and experimental safety-critical perform- APPENDIX C TO PART 236—SAFETY
ance testing performed on the subsystem or ASSURANCE CRITERIA AND PROCESSES
component. The software assessment process
must demonstrate through repeatable pre- (a) What is the purpose of this appendix?
dictive results that all software defects have This appendix provides safety criteria and
been identified and corrected by process with processes that the designer must use to de-
a high degree of confidence. velop and validate the product that meets
(g) How are non-processor-based subsystems/ safety requirements of this part. FRA uses
components assessed? (1) The safety-critical the criteria and processes set forth in this
behavior of all non-processor-based compo- appendix to evaluate the validity of safety
nents, which are part of a processor-based targets and the results of system safety
system or subsystem, must be quantified analyses provided in the RSPP, PSP, PTCIP,
with an MTTHE metric. The MTTHE assess- PTCDP, and PTCSP documents as appro-
ment methodology must consider failures priate. An analysis performed under this ap-
caused by permanent, transient, and inter- pendix must:
mittent faults, phase-interval maintenance (1) Address each of the safety principles of
and restoration of operation after failures paragraph (b) of this appendix, or explain
and the effect of fault coverage of each non- why they are not relevant, and
processor-based subsystem or component. (2) Employ a validation and verification
(2) MTTHE compliance verification and process pursuant to paragraph (c) of this ap-
validation must be based on the assessment pendix.
of the design for adequacy by a documented (b) What safety principles must be followed
verification and validation process, histor- during product development? The designer
ical performance data, analytical methods shall address each of the following safety
and experimental safety-critical perform- considerations principles when designing and
ance testing performed on the subsystem or demonstrating the safety of products covered
component. The non-processor-based quan- by subpart H or I of this part. In the event
tification compliance must be demonstrated that any of these principles are not followed,
to have a high degree of confidence. the PSP or PTCDP or PTCSP shall state
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Federal Railroad Administration, DOT Pt. 236, App. C
both the reason(s) for departure and the al- undesirable, then the second failure must be
ternative(s) utilized to mitigate or eliminate detected and the product must achieve a
the hazards associated with the design prin- known safe state that eliminates the possi-
ciple not followed. bility of false activation of any physical ap-
(1) System safety under normal operating con- pliance.
ditions. The system (all its elements includ- (v) Another concern of multiple failures in-
ing hardware and software) must be designed volves common mode failures in which two
to assure safe operation with no hazardous or more subsystems or components intended
events under normal anticipated operating to compensate one another to perform the
conditions with proper inputs and within the same function all fail by the same mode and
expected range of environmental conditions. result in unsafe conditions. This is of par-
All safety-critical functions must be per- ticular concern in instances in which two or
formed properly under these normal condi- more elements (hardware or software, or
tions. The system shall operate safely even both) are used in combination to ensure safe-
in the absence of prescribed operator actions ty. If a common mode failure exists, then
or procedures. The designer must identify any analysis performed under this appendix
and categorize all hazards that may lead to cannot rely on the assumption that failures
unsafe system operation. Hazards cat- are independent. Examples include: The use
egorized as unacceptable, which are deter- of redundancy in which two or more ele-
mined by hazard analysis, must be elimi- ments perform a given function in parallel
nated by design. Best effort shall also be and when one (hardware or software) ele-
made by the designer to eliminate by design ment checks/monitors another element (of
the hazards categorized as undesirable. hardware or software) to help ensure its safe
Those undesirable hazards that cannot be operation. Common mode failure relates to
eliminated should be mitigated to the ac- independence, which must be ensured in
ceptable level as required by this part. these instances. When dealing with the ef-
(2) System safety under failures. fects of hardware failure, the designer shall
(i) It must be shown how the product is de- address the effects of the failure not only on
signed to eliminate or mitigate unsafe sys- other hardware, but also on the execution of
tematic failures—those conditions which can the software, since hardware failures can
be attributed to human error that could greatly affect how the software operates.
occur at various stages throughout product (3) Closed loop principle. System design ad-
development. This includes unsafe errors in hering to the closed loop principle requires
the software due to human error in the soft- that all conditions necessary for the exist-
ware specification, design, or coding phases; ence of any permissive state or action be
human errors that could impact hardware verified to be present before the permissive
design; unsafe conditions that could occur state or action can be initiated. Likewise the
because of an improperly designed human- requisite conditions shall be verified to be
machine interface; installation and mainte- continuously present for the permissive
nance errors; and errors associated with state or action to be maintained. This is in
making modifications. contrast to allowing a permissive state or
(ii) The product must be shown to operate action to be initiated or maintained in the
safely under conditions of random hardware absence of detected failures. In addition,
failures. This includes single hardware fail- closed loop design requires that failure to
ures as well as multiple hardware failures perform a logical operation, or absence of a
that may occur at different times but remain logical input, output or decision shall not
undetected (latent) and react in combination cause an unsafe condition, i.e. system safety
with a subsequent failure at a later time to does not depend upon the occurrence of an
cause an unsafe operating situation. In in- action or logical decision.
stances involving a latent failure, a subse- (4) Safety assurance concepts. The product
quent failure is similar to there being a sin- design must include one or more of the fol-
gle failure. In the event of a transient fail- lowing Safety Assurance Concepts as de-
ure, and if so designed, the system should re- scribed in IEEE–1483 standard to ensure that
start itself if it is safe to do so. Frequency of failures are detected and the product is
attempted restarts must be considered in the placed in a safe state. One or more different
hazard analysis required by § 236.907(a)(8). principles may be applied to each individual
(iii) There shall be no single point failures subsystem or component, depending on the
in the product that can result in hazards cat- safety design objectives of that part of the
egorized as unacceptable or undesirable. Oc- product.
currence of credible single point failures (i) Design diversity and self-checking concept.
that can result in hazards must be detected This concept requires that all critical func-
and the product must achieve a known safe tions be performed in diverse ways, using di-
state that eliminates the possibility of false verse software operations and/or diverse
activation of any physical appliance. hardware channels, and that critical hard-
(iv) If one non-self-revealing failure com- ware be tested with Self-Checking routines.
bined with a second failure can cause a haz- Permissive outputs are allowed only if the
ard that is categorized as unacceptable or results of the diverse operations correspond,
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Pt. 236, App. C 49 CFR Ch. II (10–1–11 Edition)
and the Self-Checking process reveals no ual unmitigated failures. In the event of crit-
failures in either execution of software or in ical failures, the safety-critical functions
any monitored input or output hardware. If and outputs must default to a known safe
the diverse operations do not agree or if the state.
checking reveals critical failures, safety- (5) Human factor engineering principle. The
critical functions and outputs must default product design must sufficiently incorporate
to a known safe state. human factors engineering that is appro-
(ii) Checked redundancy concept. The priate to the complexity of the product; the
Checked Redundancy concept requires imple- educational, mental, and physical capabili-
mentation of two or more identical, inde- ties of the intended operators and maintain-
pendent hardware units, each executing iden- ers; the degree of required human inter-
tical software and performing identical func- action with the component; and the environ-
tions. A means is to be provided to periodi- ment in which the product will be used.
cally compare vital parameters and results (6) System safety under external influences.
of the independent redundant units, requir- The product must be shown to operate safely
ing agreement of all compared parameters to when subjected to different external influ-
assert or maintain a permissive output. If ences, including:
the units do not agree, safety-critical func- (i) Electrical influences such as power sup-
tions and outputs must default to a known ply anomalies/transients, abnormal/improper
safe state. input conditions (e.g., outside of normal
(iii) N-version programming concept. This range inputs relative to amplitude and fre-
concept requires a processor-based product quency, unusual combinations of inputs) in-
to use at least two software programs per- cluding those related to a human operator,
forming identical functions and executing and others such as electromagnetic inter-
concurrently in a cycle. The software pro-
ference or electrostatic discharges, or both;
grams must be written by independent
(ii) Mechanical influences such as vibra-
teams, using different tools. The multiple
tion and shock; and
independently written software programs
comprise a redundant system, and may be (iii) Climatic conditions such as tempera-
executed either on separate hardware units ture and humidity.
(which may or may not be identical) or with- (7) System safety after modifications. Safety
in one hardware unit. A means is to be pro- must be ensured following modifications to
vided to compare the results and output the hardware or software, or both. All or
states of the multiple redundant software some of the concerns identified in this para-
systems. If the system results do not agree, graph may be applicable depending upon the
then the safety-critical functions and out- nature and extent of the modifications. Such
puts must default to a known safe state. modifications must follow all of the concept,
(iv) Numerical assurance concept. This con- design, implementation and test processes
cept requires that the state of each vital pa- and principles as documented in the PSP for
rameter of the product or system be unique- the original product. Regression testing
ly represented by a large encoded numerical must be comprehensive and documented to
value, such that permissive results are cal- include all scenarios which are affected by
culated by pseudo-randomly combining the the change made, and the operating modes of
representative numerical values of each of the changed product during normal and fail-
the critical constituent parameters of a per- ure state (fallback) operation.
missive decision. Vital algorithms must be (c) What standards are acceptable for
entirely represented by data structures con- Verification and Validation? (1) The standards
taining numerical values with verified char- employed for Verification or Validation, or
acteristics, and no vital decisions are to be both, of products subject to this subpart
made in the executing software, only by the must be sufficient to support achievement of
numerical representations themselves. In the applicable requirements of subpart H and
the event of critical failures, the safety-crit- subpart I of this part.
ical functions and outputs must default to a (2) U.S. Department of Defense Military
known safe state. Standard (MIL–STD) 882C, ‘‘System Safety
(v) Intrinsic fail-safe design concept. Intrinsi- Program Requirements’’ (January 19, 1993),
cally fail-safe hardware circuits or systems is recognized as providing appropriate risk
are those that employ discrete mechanical analysis processes for incorporation into
and/or electrical components. The fail-safe verification and validation standards.
operation for a product or subsystem de- (3) The following standards designed for ap-
signed using this principle concept requires a plication to processor-based signal and train
verification that the effect of every relevant control systems are recognized as acceptable
failure mode of each component, and rel- with respect to applicable elements of safety
evant combinations of component failure analysis required by subpart H and subpart I
modes, be considered, analyzed, and docu- of this part. The latest versions of the stand-
mented. This is typically performed by a ards listed below should be used unless oth-
comprehensive failure modes and effects erwise provided.
analysis (FMEA) which must show no resid- (i) IEEE standards as follows:
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Federal Railroad Administration, DOT Pt. 236, App. D
(A) IEEE 1483–2000, Standard for the (4) Use of unpublished standards, including
Verification of Vital Functions in Processor- proprietary standards, is authorized to the
Based Systems Used in Rail Transit Control. extent that such standards are shown to
(B) IEEE 1474.2–2003, Standard for user achieve the requirements of this part. How-
interface requirements in communications ever, any such standards shall be available
based train control (CBTC) systems. for inspection and replication by FRA and
(C) IEEE 1474.1–2004, Standard for Commu- for public examination in any public pro-
nications-Based Train Control (CBTC) Per- ceeding before the FRA to which they are
formance and Functional Requirements. relevant.
(ii) CENELEC Standards as follows: (5) The various standards provided in this
(A) EN50129: 2003, Railway Applications:
paragraph are for illustrative purposes only.
Communications, Signaling, and Processing
Copies of these standards can be obtained in
Systems-Safety Related Electronic Systems
accordance with the following:
for Signaling; and
(B) EN50155:2001/A1:2002, Railway Applica- (i) U.S. government standards and tech-
tions: Electronic Equipment Used in Rolling nical publications may be obtained by con-
Stock. tacting the federal National Technical Infor-
(iii) ATCS Specification 200 Communica- mation Service, 5301 Shawnee Rd, Alexan-
tions Systems Architecture. dria, VA 22312.
(iv) ATCS Specification 250 Message For- (ii) U.S. National Standards may be ob-
mats. tained by contacting the American National
(v) AREMA 2009 Communications and Sig- Standards Institute, 25 West 43rd Street, 4
nal Manual of Recommended Practices, Part Floor, New York, NY 10036.
16, Part 17, 21, and 23. (iii) IEC Standards may be obtained by
(vi) Safety of High-Speed Ground Transpor- contacting the International Electro-
tation Systems. Analytical Methodology for technical Commission, 3, rue de Varembé,
Safety Validation of Computer Controlled P.O. Box 131 CH—1211, GENEVA, 20, Switzer-
Subsystems. Volume II: Development of a land.
Safety Validation Methodology. Final Re- (iv) CENLEC Standards may be obtained
port September 1995. Author: Jonathan F. by contacting any of one the national stand-
Luedeke, Battelle. DOT/FRA/ORD–95/10.2. ards bodies that make up the European Com-
(vii) IEC 61508 (International Electro- mittee for Electrotechnical Standardization.
technical Commission), Functional Safety of (v) IEEE standards may be obtained by
Electrical/Electronic/Programmable/Elec- contacting the IEEE Publications Office,
tronic Safety (E/E/P/ES) Related Systems, 10662 Los Vaqueros Circle, P.O. Box 3014, Los
Parts 1–7 as follows: Alamitos, CA 90720–1264.
(A) IEC 61508–1 (1998–12) Part 1: General re-
(vi) AREMA standards may be obtained
quirements and IEC 61508–1 Corr. (1999–05)
from the American Railway Engineering and
Corrigendum 1—Part 1: General Require-
Maintenance-of-Way Association, 10003
ments.
(B) IEC 61508–2 (2000–05) Part 2: Require- Derekwood Lane, Suite 210, Lanham, MD
ments for electrical/electronic/program- 20706.
mable electronic safety-related systems. [75 FR 2718, Jan. 15, 2010]
(C) IEC 61508–3 (1998–12) Part 3: Software re-
quirements and IEC 61508–3 Corr. 1 (1999–04) APPENDIX D TO PART 236—INDEPENDENT
Corrigendum 1—Part 3: Software require-
REVIEW OF VERIFICATION AND VALI-
ments.
(D) IEC 61508–4 (1998–12) Part 4: Definitions DATION
and abbreviations and IEC 61508–4 Corr. 1
(a) This appendix provides minimum re-
(1999–04) Corrigendum 1—Part 4: Definitions
quirements for independent third-party as-
and abbreviations.
sessment of product safety verification and
(E) IEC 61508–5 (1998–12) Part 5: Examples of
validation pursuant to subpart H or subpart
methods for the determination of safety in-
I of this part. The goal of this assessment is
tegrity levels and IEC 61508–5 Corr. 1 (1999–04)
Corrigendum 1—Part 5: Examples of methods to provide an independent evaluation of the
for determination of safety integrity levels. product manufacturer’s utilization of safety
(F) IEC 61508–6 (2000–04) Part 6: Guidelines design practices during the product’s devel-
on the applications of IEC 61508–2 and –3. opment and testing phases, as required by
(G) IEC 61508–7 (2000–03) Part 7: Overview of any mutually agreed upon controlling docu-
techniques and measures. ments and standards and the applicable rail-
(H) IEC 62278: 2002, Railway Applications: road’s:
Specification and Demonstration of Reli- (1) Railroad Safety Program Plan (RSPP)
ability, Availability, Maintainability and and Product Safety Plan (PSP) for processor
Safety (RAMS); based systems developed under subpart H or,
(I) IEC 62279: 2002 Railway Applications: (2) PTC Product Development Plan
Software for Railway Control and Protection (PTCDP) and PTC Safety Plan (PTCSP) for
Systems; PTC systems developed under subpart I.
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Pt. 236, App. E 49 CFR Ch. II (10–1–11 Edition)
(b) The supplier may request advice and as- (h) The reviewer shall evaluate and com-
sistance of the reviewer concerning the ac- ment on the plan for installation and test
tions identified in paragraphs (c) through (g) procedures of the product for revenue serv-
of this appendix. However, the reviewer shall ice.
not engage in any design efforts associated (i) The reviewer shall prepare a final report
with the product, the products subsystems, of the assessment. The report shall be sub-
or the products components, in order to pre- mitted to the railroad prior to the com-
serve the reviewer’s independence and main- mencement of installation testing and con-
tain the supplier’s proprietary right to the tain at least the following information:
product. (1) Reviewer’s evaluation of the adequacy
(c) The supplier shall provide the reviewer of the PSP in the case of products developed
access to any and all documentation that the under subpart H, or PTCSP for products de-
reviewer requests and attendance at any de- veloped under subpart I of this part, includ-
sign review or walkthrough that the re- ing the supplier’s MTTHE and risk estimates
viewer determines as necessary to complete for the product, and the supplier’s confidence
and accomplish the third party assessment. interval in these estimates;
The reviewer may be accompanied by rep- (2) Product vulnerabilities, potentially
resentatives of FRA as necessary, in FRA’s hazardous failure modes, or potentially haz-
judgment, for FRA to monitor the assess- ardous operating circumstances which the
ment. reviewer felt were not adequately identified,
(d) The reviewer shall evaluate the product tracked, mitigated, and corrected by either
with respect to safety and comment on the the vendor or supplier or the railroad;
adequacy of the processes which the supplier (3) A clear statement of position for all
applies to the design and development of the parties involved for each product vulner-
product. At a minimum, the reviewer shall ability cited by the reviewer;
compare the supplier processes with accept- (4) Identification of any documentation or
able validation and verification methodology information sought by the reviewer that was
and employ any other such tests or compari- denied, incomplete, or inadequate;
sons if they have been agreed to previously (5) A listing of each applicable vendor, sup-
with FRA. Based on these analyses, the re- plier, industry, national, or international
viewer shall identify and document any sig- standard, procedure or process which was not
nificant safety vulnerabilities which are not properly followed;
adequately mitigated by the supplier’s (or (6) Identification of the software
user’s) processes. Finally, the reviewer shall
verification and validation procedures, as
evaluate and document the adequacy of the
well as the hardware verification validation
railroad’s
procedures if deemed appropriate by FRA,
(1) RSPP, the PSP, and any other docu-
for the product’s safety-critical applications,
ments pertinent to a product being developed
and the reviewer’s evaluation of the ade-
under subpart H of this part; or
quacy of these procedures;
(2) PTCDP and PTCSP for systems being
(7) Methods employed by the product man-
developed under subpart I of this part.
(e) The reviewer shall analyze the Hazard ufacturer to develop safety-critical software;
Log and/or any other hazard analysis docu- (8) If deemed applicable by FRA, the meth-
ments for comprehensiveness and compli- ods employed by the product manufacturer
ance with applicable railroad, vendor, sup- to develop safety-critical hardware by gen-
plier, industry, national, and international erally acceptable techniques;
standards. (9) Method by which the supplier or rail-
(f) The reviewer shall analyze all Fault road addresses comprehensiveness of the
Tree Analyses (FTA), Failure Mode and Ef- product design which considers the safety
fects Criticality Analysis (FMECA), and elements listed in paragraph (b) of appendix
other hazard analyses for completeness, cor- C to this part.
rectness, and compliance with applicable [75 FR 2720, Jan. 15, 2010]
railroad, vendor, supplier, industry, national
and international standards. APPENDIX E TO PART 236—HUMAN-
(g) The reviewer shall randomly select var- MACHINE INTERFACE (HMI) DESIGN
ious safety-critical software, and hardware
modules, if directed by FRA, for audit to (a) This appendix provides human factors
verify whether the requirements of the appli- design criteria applicable to both subpart H
cable railroad, vendor, supplier, industry, na- and subpart I of this part. HMI design cri-
tional, and international standards were fol- teria will minimize negative safety effects
lowed. The number of modules audited must by causing designers to consider human fac-
be determined as a representative number tors in the development of HMIs. The prod-
sufficient to provide confidence that all uct design should sufficiently incorporate
unaudited modules were developed in compli- human factors engineering that is appro-
ance with the applicable railroad, vendor, priate to the complexity of the product; the
supplier, industry, national, and inter- gender, educational, mental, and physical
national standards. capabilities of the intended operators and
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Federal Railroad Administration, DOT Pt. 236, App. E
maintainers; the degree of required human (i) To minimize short-term memory load,
interaction with the component; and the en- the designer shall integrate data or informa-
vironment in which the product will be used. tion from multiple sources into a single for-
(b) As used in this section, ‘‘designer’’ mat or representation (‘‘chunking’’) and de-
means anyone who specifies requirements sign so that three or fewer ‘‘chunks’’ of in-
for—or designs a system or subsystem, or formation need to be remembered at any one
both, for—a product subject to subpart H or time.
subpart I of this part, and ‘‘operator’’ means (ii) To minimize long-term memory load,
any human who is intended to receive infor- the designer shall design to support recogni-
mation from, provide information to, or per- tion memory, design memory aids to mini-
form repairs or maintenance on a safety- mize the amount of information that must
critical product subject to subpart H or I of be recalled from unaided memory when mak-
this part. ing critical decisions, and promote active
(c) Human factors issues the designers processing of the information.
must consider with regard to the general (d) Design systems that anticipate possible
function of a system include: user errors and include capabilities to catch
(1) Reduced situational awareness and over- errors before they propagate through the
reliance. HMI design must give an operator system;
active functions to perform, feedback on the (1) Conduct cognitive task analyses prior
results of the operator’s actions, and infor- to designing the system to better understand
mation on the automatic functions of the the information processing requirements of
system as well as its performance. The oper- operators when making critical decisions;
ator must be ‘‘in-the-loop.’’ Designers must and
consider at a minimum the following meth- (2) Present information that accurately
ods of maintaining an active role for human represents or predicts system states.
operators: (e) When creating displays and controls,
(i) The system must require an operator to the designer must consider user ergonomics
initiate action to operate the train and re- and shall:
quire an operator to remain ‘‘in-the-loop’’ (1) Locate displays as close as possible to
for at least 30 minutes at a time; the controls that affect them;
(ii) The system must provide timely feed- (2) Locate displays and controls based on
back to an operator regarding the system’s an operator’s position;
automated actions, the reasons for such ac- (3) Arrange controls to minimize the need
tions, and the effects of the operator’s man- for the operator to change position;
ual actions on the system; (4) Arrange controls according to their ex-
(iii) The system must warn operators in pected order of use;
advance when it requires an operator to take (5) Group similar controls together;
action; (6) Design for high stimulus-response com-
(iv) HMI design must equalize an opera- patibility (geometric and conceptual);
tor’s workload; and (7) Design safety-critical controls to re-
(v) HMI design must not distract from the quire more than one positive action to acti-
operator’s safety related duties. vate (e.g., auto stick shift requires two
(2) Expectation of predictability and consist- movements to go into reverse);
ency in product behavior and communications. (8) Design controls to allow easy recovery
HMI design must accommodate an operator’s from error; and
expectation of logical and consistent rela- (9) Design display and controls to reflect
tionships between actions and results. Simi- specific gender and physical limitations of
lar objects must behave consistently when the intended operators.
an operator performs the same action upon (f) The designer shall also address informa-
them. tion management. To that end, HMI design
(3) End user limited ability to process informa- shall:
tion. HMI design must therefore minimize an (1) Display information in a manner which
operator’s information processing load. To emphasizes its relative importance;
minimize information processing load, the (2) Comply with the ANSI/HFS 100–1988
designer must: standard;
(i) Present integrated information that di- (3) Utilize a display luminance that has a
rectly supports the variety and types of deci- difference of at least 35cd/m2 between the
sions that an operator makes; foreground and background (the displays
(ii) Provide information in a format or rep- should be capable of a minimum contrast 3:1
resentation that minimizes the time re- with 7:1 preferred, and controls should be
quired to understand and act; and provided to adjust the brightness level and
(iii) Conduct utility tests of decision aids contrast level);
to establish clear benefits such as processing (4) Display only the information necessary
time saved or improved quality of decisions. to the user;
(4) End user limited memory. HMI design (5) Where text is needed, use short, simple
must therefore minimize an operator’s infor- sentences or phrases with wording that an
mation processing load. operator will understand and appropriate to
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Pt. 236, App. F 49 CFR Ch. II (10–1–11 Edition)
the educational and cognitive capabilities of information concerning personal commu-
the intended operator; nication services (PCS) transmitters oper-
(6) Use complete words where possible; ating under Part 15, Subpart D of the rules.
where abbreviations are necessary, choose a (iii) 47 Code of Federal Regulations Parts 0
commonly accepted abbreviation or con- to 19. The FCC rules and regulations gov-
sistent method and select commonly used erning PCS transmitters may be found in 47
terms and words that the operator will un- CFR, Parts 0 to 19.
derstand; (iv) OET Bulletin 62 (December 1993) Un-
(7) Adopt a consistent format for all dis- derstanding The FCC Regulations for Com-
play screens by placing each design element puters and other Digital Devices. This docu-
in a consistent and specified location; ment has been prepared to provide a basic
(8) Display critical information in the cen- understanding of the FCC regulations for
ter of the operator’s field of view by placing digital (computing) devices, and includes an-
items that need to be found quickly in the swers to some commonly-asked questions.
upper left hand corner and items which are (2) Designers must comply with FCC re-
not time-critical in the lower right hand cor- quirements for Maximum Permissible Expo-
ner of the field of view; sure limits for field strength and power den-
(9) Group items that belong together; sity for the transmitters operating at fre-
(10) Design all visual displays to meet quencies of 300 kHz to 100 GHz and specific
human performance criteria under mono- absorption rate (SAR) limits for devices op-
chrome conditions and add color only if it erating within close proximity to the body.
will help the user in performing a task, and The Commission’s requirements are detailed
use color coding as a redundant coding tech- in parts 1 and 2 of the FCC’s Rules and Regu-
nique; lations (47 CFR 1.1307(b), 1.1310, 2.1091, 2.1093).
(11) Limit the number of colors over a The following documentation is applicable to
group of displays to no more than seven; demonstrating whether proposed or existing
(12) Design warnings to match the level of transmitting facilities, operations or devices
risk or danger with the alerting nature of comply with limits for human exposure to
the signal; and radiofrequency RF fields adopted by the
(13) With respect to information entry, FCC:
avoid full QWERTY keyboards for data (i) OET Bulletin No. 65 (Edition 97–01, Au-
entry. gust 1997), ‘‘Evaluating Compliance With
(g) With respect to problem management, FCC Guidelines For Human Exposure To Ra-
the HMI designer shall ensure that the: diofrequency Electromagnetic Fields’’,
(1) HMI design must enhance an operator’s (ii) OET Bulletin No 65 Supplement A,
situation awareness; (Edition 97–01, August 1997), OET Bulletin No
(2) HMI design must support response se- 65 Supplement B (Edition 97–01, August 1997)
lection and scheduling; and and
(3) HMI design must support contingency (iii) OET Bulletin No 65 Supplement C
planning. (Edition 01–01, June 2001).
(h) Ensure that electronics equipment (3) The bulletin and supplements offer
radio frequency emissions are compliant guidelines and suggestions for evaluating
with appropriate Federal Communications compliance. However, they are not intended
Commission regulations. The FCC rules and to establish mandatory procedures. Other
regulations are codified in Title 47 of the methods and procedures may be acceptable if
Code of Federal Regulations (CFR). based on sound engineering practice.
(1) Electronics equipment must have ap-
propriate FCC Equipment Authorizations. [75 FR 2720, Feb. 15, 2010]
The following documentation is applicable to
obtaining FCC Equipment Authorization: APPENDIX F TO PART 236—MINIMUM RE-
(i) OET Bulletin Number 61 (October, 1992 QUIREMENTS OF FRA DIRECTED
Supersedes May, 1987 issue) FCC Equipment INDEPENDENT THIRD-PARTY ASSESS-
Authorization Program for Radio Frequency MENT OF PTC SYSTEM SAFETY
Devices. This document provides an overview VERIFICATION AND VALIDATION
of the equipment authorization program to
control radio interference from radio trans- (a) This appendix provides minimum re-
mitters and certain other electronic prod- quirements for mandatory independent
ucts and an overview of how to obtain an third-party assessment of PTC system safety
equipment authorization. verification and validation pursuant to sub-
(ii) OET Bulletin 63: (October 1993) Under- part H or I of this part. The goal of this as-
standing The FCC Part 15 Regulations for sessment is to provide an independent eval-
Low Power, Non-Licensed Transmitters. uation of the PTC system manufacturer’s
This document provides a basic under- utilization of safety design practices during
standing of the FCC regulations for low the PTC system’s development and testing
power, unlicensed transmitters, and includes phases, as required by the applicable PSP,
answers to some commonly-asked questions. PTCDP, and PTCSP, the applicable require-
This edition of the bulletin does not contain ments of subpart H or I of this part, and any
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Federal Railroad Administration, DOT Pt. 237
other previously agreed-upon controlling (i) The reviewer shall prepare a final report
documents or standards. of the assessment. The report shall be sub-
(b) The supplier may request advice and as- mitted to the railroad prior to the com-
sistance of the independent third-party re- mencement of installation testing and con-
viewer concerning the actions identified in tain at least the following information:
paragraphs (c) through (g) of this appendix. (1) Reviewer’s evaluation of the adequacy
However, the reviewer should not engage in of the PSP or PTCSP including the sup-
design efforts in order to preserve the re- plier’s MTTHE and risk estimates for the
viewer’s independence and maintain the sup- PTC system, and the supplier’s confidence
plier’s proprietary right to the PTC system. interval in these estimates;
(c) The supplier shall provide the reviewer (2) PTC system vulnerabilities, potentially
access to any and all documentation that the hazardous failure modes, or potentially haz-
reviewer requests and attendance at any de- ardous operating circumstances which the
sign review or walkthrough that the re- reviewer felt were not adequately identified,
viewer determines as necessary to complete tracked or mitigated;
and accomplish the third party assessment. (3) A clear statement of position for all
The reviewer may be accompanied by rep- parties involved for each PTC system vulner-
resentatives of FRA as necessary, in FRA’s ability cited by the reviewer;
judgment, for FRA to monitor the assess- (4) Identification of any documentation or
ment. information sought by the reviewer that was
(d) The reviewer shall evaluate with re- denied, incomplete, or inadequate;
spect to safety and comment on the ade- (5) A listing of each applicable vendor, sup-
quacy of the processes which the supplier ap-
plier, industry, national or international
plies to the design and development of the
standard, process, or procedure which was
PTC system. At a minimum, the reviewer
not properly followed;
shall evaluate the supplier design and devel-
(6) Identification of the hardware and soft-
opment process regarding the use of an ap-
ware verification and validation procedures
propriate design methodology. The reviewer
for the PTC system’s safety-critical applica-
may use the comparison processes and test
tions, and the reviewer’s evaluation of the
procedures that have been previously agreed
adequacy of these procedures;
to with FRA. Based on these analyses, the
reviewer shall identify and document any (7) Methods employed by PTC system man-
significant safety vulnerabilities which are ufacturer to develop safety-critical software;
not adequately mitigated by the supplier’s and
(or user’s) processes. Finally, the reviewer (8) If directed by FRA, methods employed
shall evaluate the adequacy of the railroad’s by PTC system manufacturer to develop
applicable PSP or PTCSP, and any other safety-critical hardware.
documents pertinent to the PTC system [75 FR 2721, Jan. 15, 2010]
being assessed.
(e) The reviewer shall analyze the Hazard
Log and/or any other hazard analysis docu- PART 237—BRIDGE SAFETY
ments for comprehensiveness and compli- STANDARDS
ance with railroad, vendor, supplier, indus-
try, national, or international standards. Subpart A—General
(f) The reviewer shall analyze all Fault
Tree Analyses (FTA), Failure Mode and Ef- Sec.
fects Criticality Analysis (FMECA), and 237.1 Application.
other hazard analyses for completeness, cor- 237.3 Responsibility for compliance.
rectness, and compliance with railroad, ven- 237.5 Definitions.
dor, supplier, industry, national, or inter- 237.7 Penalties.
national standards. 237.9 Waivers.
(g) The reviewer shall randomly select var-
ious safety-critical software modules, as well Subpart B—Railroad Bridge Safety
as safety-critical hardware components if re- Assurance
quired by FRA for audit to verify whether
the railroad, vendor, supplier, industry, na- 237.31 Adoption of bridge management pro-
tional, or international standards were fol- grams.
lowed. The number of modules audited must 237.33 Content of bridge management pro-
be determined as a representative number grams.
sufficient to provide confidence that all
unaudited modules were developed in compli- Subpart C—Qualifications and
ance with railroad, vendor, supplier, indus- Designations of Responsible Persons
try, national, or international standards
(h) The reviewer shall evaluate and com- 237.51 Railroad bridge engineers.
ment on the plan for installation and test 237.53 Railroad bridge inspectors.
procedures of the PTC system for revenue 237.55 Railroad bridge supervisors.
service. 237.57 Designation of individuals.
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