Criticizing FCC Won’t Speed Up Rollout of Positive Train Control, Sherman Says
FCC Wireless Bureau Chief Roger Sherman Wednesday warned railroads they need to work with the FCC on positive train control (PTC) and not just level criticisms, speaking at an FCC workshop on the topic. The Association of American Railroads (AAR), which represents the seven Class I freight railroads operating in the U.S, has been especially critical of FCC efforts on PTC.
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Congress mandated PTC in 2008 as part of the Rail Safety Improvement Act, with a deadline for the end of 2015. PTC systems are designed to protect trains from collisions with other trains, prevent overspeed derailments and deal with other threats to rail safety.
"Some stakeholders, mainly through their trade association, seem more interested in going on the record with potential concerns about implementation,” Sherman said Wednesday. “These tactics are counterproductive. Instead of devoting resources to attacking the motives of the FCC staff, stakeholders should be working collaboratively to solve problems.” Anyone with a complaint should call him directly, Sherman said. “You're not going to get a positive reception is if you suggest that FCC staff is deliberating impeding PTC implementation,” he said.
The Program Comment adopted by the FCC in May on National Historic Preservation Act (NHPA) review of PTC facilities (http://bit.ly/1vuz0bF) “was a significant step towards PTC deployment,” Sherman said. FCC, Federal Rail Administration and Advisory Council on Historic Preservation (ACHP) staff spent hours “crafting a streamlined process” that takes into account “unique PTC circumstances,” he said.
In a June 20 letter to the FCC (http://bit.ly/TjYfOE), AAR complained about a series of guidance documents issued by the commission, following up on the Program Comment. AAR said “despite the clear direction in the Program Comment that the FCC was to coordinate with the railroads, the Guidance Documents were issued without meaningful consultation with AAR members, and directly contradict the language and intent of the ACHP in adopting the Program Comment.” An AAR spokeswoman said the group had no comment at this time on Sherman’s statement.
PTC “can be implemented in an efficient manner” while complying with the NHPA and the National Environmental Policy Act (NEPA), Sherman said. “We all want to see the deployment of PTC as quickly as possible, he said. “We all want to make the process as efficient as we can.” FCC Chairman Tom Wheeler has made clear “to all involved” the FCC will “do everything we can” to make PTC work.
Complying with laws that require environmental and historic review of new wireless facilities as well as requiring railroads to install PTC technology is “a challenge” but the three are not mutually exclusive, Sherman said. Implementing the rules will be hard, he said. “Putting even the best ideas into practice is often more difficult than expected.”