[Federal Register Volume 66, Number 125 (Thursday, June 28, 2001)]
[Notices]
[Pages 34512-34513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16281]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2001-9972; Formerly FRA Docket No. 87-2; Notice No. 11]
RIN 2130-AB20


Automatic Train Control (ATC) and Advanced Civil Speed 
Enforcement System (ACSES); Northeast Corridor (NEC) Railroads

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Amendment to Order of Particular Applicability Requiring ACSES 
between New Haven, Connecticut and Boston, Massachusetts--Extended and 
Amended Massachusetts Bay Transit Authority (MBTA) Temporary Operating 
Protocols and New CSX Transportation (CSXT) Temporary Operating 
Protocols.

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SUMMARY: FRA amends its Order of Particular Applicability requiring all 
trains operating on the Northeast Corridor (NEC) between New Haven, 
Connecticut and Boston, Massachusetts (NEC--North End) to be equipped 
to respond to the new Advanced Civil Speed Enforcement System (ACSES) 
system by setting a new compliance date for the Order. An exception 
previously granted to MBTA for use of unequipped and failed locomotives 
will be extended until February 1, 2002; and a similar exception will 
be extended to CSXT freight trains through September 16, 2001. This 
action is necessitated by delays in equipping of trains and 
finalization of software modifications that will support more efficient 
operations. The amendments also specify temporary operating protocols 
to minimize the impact of ACSES on MBTA and CSXT service during the 
initial implementation of ACSES on the NEC-North End.

DATES: The amendments to the Order are effective June 28, 2001.

FOR FURTHER INFORMATION CONTACT: W. E. Goodman, Staff Director, Signal 
and Train Control Division, Office of Safety, Mail Stop 25, FRA, 1120 
Vermont Avenue, NW., Washington, DC 20590 ((202) 493-6325); Paul Weber, 
Railroad Safety Specialist, Signal and Train Control Division, Office 
of Safety, Mail Stop 25, FRA, 1120 Vermont Avenue, NW., Washington, DC 
20590 ((202) 493-6258); or Patricia V. Sun, Office of Chief Counsel, 
Mail Stop 10, 1120 Vermont Avenue, NW., Washington, DC 20590 ((202) 
493-6038).
    FRA will file the July 22, 1998 Order of Applicability and its 
subsequent amendments (formerly Docket 87-2, Notices 7-10; respectively 
63 FR 39343, July 22, 1998; 64 FR 54410, October 6, 1999; 65 FR 62795, 
October 19, 2000; and 66 FR 1718, January 9, 2001) in DOT's new 
electronic docket system. This new system allows the public access 
through the internet to all documents filed in a particular proceeding. 
Docket No. 2001-9972 may be accessed through the Department of 
Transportation's Docket Management System website at http://dms.dot.gov.
    For instructions on how to use this system, visit the Docket 
Management System Web Site and click on the ``Help'' menu. This docket 
is also available for inspection or copying at room PL-401 on the plaza 
level of the Nassif Building at the U.S. Department of Transportation, 
400 7th Street, SW., Washington, DC 20590-0001, during regular business 
hours.

SUPPLEMENTARY INFORMATION: The Order of Particular Applicability, as 
published on July 22, 1998, set performance standards for cab signal/
automatic train control and ACSES systems, increased certain maximum 
authorized train speeds, and contained safety requirements supporting 
improved rail service on the NEC. 63 FR 39343. Among other 
requirements, the Order required all trains operating on track 
controlled by the National Railroad Passenger Corporation (Amtrak) 
between New Haven, Connecticut and Boston, Massachusetts (NEC--North 
End) to be controlled by locomotives equipped to respond to ACSES by 
October 1, 1999. In three later notices, FRA amended the Order to reset 
the implementation schedule and make technical changes. 64 FR 54410, 
October 6, 1999; 65 FR 62795, October 19, 2000; and 66 FR 1718, January 
9, 2001.

MBTA and CSXT Temporary Operating Protocols

    FRA is making the amendments to this Order effective upon 
publication instead of 30 days after the publication date in order to 
realize the significant safety and transportation benefits afforded by 
the ACSES system at the earliest possible time. All affected parties 
have been notified. The temporary protocols specified below will 
provide a safe, operationally sound transition to full ACSES 
implementation on MBTA and CSXT territory while minimizing the impact 
on MBTA and CSXT service.
    FRA is not reopening the comment period since these technical 
changes will be effective only until February 1, 2002 for MBTA, and 
September 16, 2001 for CSXT. Immediate action is necessary to avoid 
disruption of rail service. Under these circumstances, delaying the 
effective date of these amendments to allow for notice and comment 
would be impracticable, unnecessary, and contrary to the public 
interest. FRA will continue to monitor the progress of MBTA and CSXT 
towards equipping and maintaining sufficient units to run all trains 
with operative ACSES and will determine later if any further relief is 
needed.
    FRA expects MBTA and CSXT to make every effort to run ACSES-
equipped trains during the period that these protocols are in effect; 
this additional time should be sufficient for MBTA and CSXT to complete 
implementation of ACSES. However, if MBTA and CSXT cannot dispatch a 
train equipped with ACSES, they may revert to the train control methods 
and maximum operating speeds in effect prior to the effective date of 
this Order. The more restrictive conditions will apply to all trains in 
the affected territory (New Haven, Connecticut to Canton Junction, 
Massachusetts).
    Amtrak (as the contractor for commuter rail service on MBTA) must 
make periodic reports on MBTA's implementation process in an agreed-
upon format to FRA; Amtrak and CSXT must also make such reports on 
CSXT's implementation process (since these reports will come from only 
two entities, no analysis of the paperwork burden is necessary) for the 
duration of

[[Page 34513]]

their respective periods of relief from the original terms of the 
order.
    Amtrak and MBTA must determine the cause(s) of any equipment 
failure and remedy the cause as soon as practicable without delaying or 
disrupting rail passenger service. If necessary, determining the cause 
of the failure must include downloading data in the on-board memory 
unit and reviewing it to determine the sequence of events and the 
nature of the fault.
    Amtrak may not cut over to ACSES implementation from Milepost 
214.0, Canton Junction, Massachusetts to Milepost 228.0, Cove, 
Massachusetts, until the Regional Administrator for Region 1 of FRA's 
Office of Safety has determined that appropriate preparations have been 
made to support application of the Order to that territory. Operation 
under ACSES in this territory will require equipping of additional MBTA 
locomotives (including cab control cars) to avoid negative impacts on 
equipment availability. Amtrak and MBTA are working together to 
complete equipping of the MBTA fleet.
    During the relief period, CSXT will test new Amtrak operational 
software on three CSXT ACSES-equipped locomotives. CSXT will then 
monitor the performance of these locomotives for mechanical and 
operational problems. After the software has been approved, CSXT will 
install it on the remaining CSXT locomotives.
    Accordingly, for the reasons stated in the preamble, the Final 
Order of Particular Applicability published at 63 FR 39343, July 22, 
1998 (Order) is amended as follows:
    1. The authority for the Order continues to read as follows: 49 
U.S.C. 20103, 20107, 20501-20505 (1994); and 49 CFR 1.49(f), (g), and 
(m).
    2. Paragraph 11 is amended as follows:
    11. Massachusetts Bay Transit Authority (MBTA) Temporary Operating 
Protocols.
    (a) Effective upon June 28, 2001 until February 1, 2002, Amtrak 
must adhere to the following procedures if it becomes necessary to 
dispatch an MBTA train from its initial terminal with inoperative 
onboard ACSES equipment:
    (1) The train dispatcher must verbally authorize the movement;
    (2) The train dispatcher must issue a temporary speed restriction 
to limit the speed of high speed trains (Amtrak trains hauled by 
electric locomotives or electric power cars) to 110 miles per hour 
(mph) in the ACSES territory where the MBTA train with inoperative 
ACSES equipment will operate; and
    (3) Once the MBTA train with inoperative ACSES equipment is 
verified to have cleared the ACSES territory, the train dispatcher may 
cancel the 110 mph speed restriction.
    (b) The procedures set forth in subparagraph (a) of this paragraph 
must also be followed if it becomes necessary to dispatch an MBTA train 
from its initial terminal with a locomotive or control car that is not 
equipped with onboard ACSES equipment, if no ACSES-equipped MBTA 
locomotive or control car is available.
    (c) Amtrak must promptly notify the regional headquarters office 
for Region 1 of FRA's Office of Safety of any invocations of this 
protocol. Included in the notification must be the date, time, and 
location of the incident, and the reason for invoking the protocol.
    (d) Amtrak and MBTA shall determine the cause(s) of any equipment 
failure and remedy the cause as soon as practicable without delaying or 
disrupting rail passenger service.
    (e) Amtrak shall make periodic reports on the implementation 
process in an agreed-upon format to the FRA.
    (f) Amtrak shall not place ACSES in service from Milepost 214.0, 
Canton Junction, Massachusetts, to Milepost 228.0, Cove, Massachusetts, 
until it has been determined that appropriate preparations have been 
made to support application of the Order to that territory. This 
determination will be made by the Regional Administrator for Region 1 
of FRA's Office of Safety.
    3. Paragraph 12 is added to read as follows:
    12. CSX Transportation (CSXT) Temporary Operating Protocols.
    (a) Effective upon June 28, 2001 until September 16, 2001, CSXT 
must adhere to the following protocols if it becomes necessary to 
dispatch a CSXT train from its initial terminal with inoperative 
onboard ACSES equipment:
    (1) The train dispatcher must verbally authorize the movement; and
    (2) The train dispatcher must issue a temporary speed restriction 
to limit the speed of high speed trains (Amtrak trains hauled by 
electric locomotives or electric power cars) to 110 mph in the ACSES 
territory where the CSXT train without operative ACSES equipment will 
operate.
    (3) Once the CSXT train without operative ACSES equipment is 
verified to have cleared the ACSES territory, the train dispatcher may 
cancel the 110 mph speed restriction.
    (b) Amtrak and CSXT shall make periodic reports on the 
implementation process in an agreed-upon format to the FRA.

    Issued in Washington, DC on June 25, 2001.
S. Mark Lindsey,
Acting Deputy Administrator.
[FR Doc. 01-16281 Filed 6-27-01; 8:45 am]
BILLING CODE 4910-06-P