[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Notices]
[Pages 25114-25115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11624]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Reconsideration of Waiver of Compliance

    In accordance with Title 49 Code of Federal Regulations Sections 
211.9 and 211.41 notice is hereby given that the Federal Railroad 
Administration (FRA) has received a request for reconsideration of a 
waiver of compliance from certain requirements of Federal railroad 
safety regulations. The individual petition is described below, 
including the parties seeking relief, the regulatory provisions 
involved and the nature of the relief being requested.

National Railroad Passenger Corporation (Waiver Petition Docket 
Number H-96-1)

    The Federal Railroad Administration has received a request from the 
National Railroad Passenger Corporation (Amtrak) to modify conditions 
set forth in the conditionally approved Petition for Waiver of 
Compliance, H-96-1. That waiver is for the development, testing, 
installation, and demonstration of a communication-based train control 
system in Amtrak's Detroit to Chicago Corridor.
    Amtrak requests that Condition No. 1, of H-96-1, ``Waiver is not 
for revenue service,'' be changed to include daily revenue service 
trains, with newly defined conditions.
    The waiver granted permission to operate a test train at speeds 
exceeding 79 MPH, but not to exceed 110 MPH, with the following 
conditions:
    1. Waiver is not for revenue service.
    2. Compliance with Test Plan 081776-070 REV. A04.
    3. Waiver is granted until July 1, 1997.
    4. FRA reserves the right to modify or rescind this waiver upon 
receipt of information pertaining to the safety of rail operations or 
in the event of noncompliance with the conditions of this approval.

(Condition 3 has since been modified twice, with the waiver currently 
granted until December of 1999.)
    A test train was operated successfully at speeds up to 100 MPH in 
the fall of 1996. Much was accomplished in these tests, much data was 
collected, and the supplier of this system, Harmon Industries, is 
currently deeply involved in the integration of the system. This 
integration involves an exhaustive investigation of all possible 
failure modes of the train control system in order to be able to 
certify the fail-safety of the system when the final release to Amtrak 
is made for in-service testing for revenue service.
    It has become apparent the vendor will not be able to fully 
complete the validation and verification of the wayside and location 
processor subsystems until mid-year 2000, and the host (on-board) 
processor subsystem until the end of the third quarter of year 2001.
    The partners in this project believe that an important part of the 
development of this project, that must not be delayed, is the next step 
in

[[Page 25115]]

testing to determine the reliability of the system in regular revenue 
service.
    In view of the significant delays encountered in developing the 
full validation and verification, Amtrak now would like to commence 
testing the system in revenue service. They propose that the system 
actually be placed in daily service for a significant ``burn-in'' 
period with close monitoring to develop the availability/reliability of 
the system. This would be done in parallel with the ongoing validation 
and verification effort, and would be done in such a way that it would 
not have an adverse impact on the revenue service trains. Initially, 
revenue service trains would be ITCS equipped and operated through the 
ITCS test territory with the P2A valve cut out and no ITCS operating 
rules in effect, at speeds not to exceed 79 MPH. After this first 90 
day period the P2A valve would be cut in and ITCS operating rules would 
be in effect, with maximum speed being 79 MPH for an additional 90 
days. Further, Amtrak requests that the limits of the test bed for the 
purpose of this waiver, be extended as wayside equipment is cut-over, 
eastward from Signal 175 to Signal 150 west of Oshtemo, Michigan, and 
westward from Signal 195 to Signal 216, west of Three Oaks, Michigan.
    Amtrak's proposed timetables are:

ITCS Cutover, P2A valve cut out
     Estimated Duration--90 days
     Maximum Passenger Speed--79 MPH
     Location--Signal 175 (M.P.175.2) to Signal 195 (M.P. 
195.55)
     ITCS Operating Rules not in effect
     Commence--April 1999
P2A valve cut-in
     Estimated Duration--90 days
     Maximum Passenger Speed--79 MPH
     Location--Signal 175 (M.P.175.2) to Signal 195 (M.P. 
195.55)
     ITCS Operating Rules in effect
     Commence--July 1999

    ITCS data from the following sources will be evaluated via remote 
modem technology from Harmon's Grain Valley technical facility:
     Departure Test Devices
     Wayside Interface Units and Wayside Interface Unit-Servers
     Locomotive and Non-Powered Control Units On-board Computer
     Home and Intermediate Signals
     Grade Crossings
Revenue Service, Limited
     Estimated Duration--300 days
     Maximum Passenger Speed--90 MPH
     Location--Signal 150 to Signal 216
     ITCS Operating Rules in effect
     Commence--October 1999

    FRA feels that Amtrak can continue, under H-96-1 existing 
conditions, with ITCS Cutover, P2A Cut-Out. This is a 90 day period 
allowing for wayside equipment cutover, and on-board data gathering 
within the 20 mile test bed and at speeds not to exceed 79 MPH, with no 
ITCS rules in effect, and the P2A valve not cut-in to the ITCS. This 
period is to commence in April 1999.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning this proceedings should identify by 
the docket number (1) and must be submitted in triplicate to the Docket 
Clerk, DOT Central Docket Management Facility, Room PI-401, Washington, 
DC 20590-0001. Communications received within 30 days of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9:00 a.m.-5:00 p.m.) at DOT 
Central Docket Management Facility, Room PL-401 (Plaza Level), 400 
Seventh Street, SW, Washington, DC 20590-0001. All documents in the 
public docket are also available for inspection and copying on the 
internet at the docket facility's Web site at http://dms.dot.gov.

    Issued in Washington, DC on May 3, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 99-11624 Filed 5-7-99; 8:45 am]
BILLING CODE 4910-06-P