[Federal Register Volume 67, Number 29 (Tuesday, February 12, 2002)]
[Notices]
[Pages 6573-6574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3390]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2001-9972; Formerly FRA Docket No. 87-2; Notice No. 13]
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--Extension of 
Massachusetts Bay Transit Authority (MBTA) 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). 
The only amendment to this document is the second extension of a 
previously granted exception that allows MBTA to follow temporary 
operating protocols whenever it cannot dispatch a train equipped with 
ACSES. This exception now runs until April 5, 2002.

DATES: The amendments to the Order are effective February 12, 2002.

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).
    For instructions on how to use this system, visit the Docket 
Management System Web Site (www.dms.dot.gov) 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 
(Order), 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) on 
the NEC--North End to be controlled by locomotives equipped to respond 
to ACSES by October 1, 1999. In five subsequent 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; 
66 FR 1718, January 9, 2001; 66 FR 34512, June 28, 2001; and 66 FR 
57771, November 16, 2001.

Background

    FRA is making the amendment 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.
    FRA is not reopening the comment period since the sole amendment to 
this Order is to extend temporary operating protocols for MBTA that had 
expired on February 1, 2002. The amendment, which allows these 
protocols to remain effective until April 5, 2002, will be effective 
for slightly more than 60 days and is necessary to avoid disruption of 
rail service. Under these circumstances, delaying the effective date of 
the amendment 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 towards equipping, maintaining and 
scheduling sufficient units to run all trains with operative ACSES.

Final Extension of MBTA Temporary Operating Protocols

    In a December 13, 2001 letter, MBTA requested a three-month 
extension of the temporary operating protocols because of an 
anticipated inability to equip sufficient locomotives with ACSES by 
February 1, 2002. At this stage in its development, new ACSES software 
contains relatively minor modifications from the software installed on 
already equipped units. FRA therefore expects the parties to this Order 
to resolve any remaining issues quickly. With this expectation, FRA 
grants MBTA a final extension of the temporary operating protocols for 
slightly more than 60 days. During this

[[Page 6574]]

interval, MBTA should devote attention to fleet management to ensure 
that sufficient units are equipped with ACSES by the time this latest 
and last extension expires on April 5, 2002. Furthermore, MBTA should 
do its upmost to maximize the use of ACSES equipped units on ACSES 
territory, ensuring that ACSES equipped locomotives and cab cars are 
utilized to their full potential in ACSES service. Other than the 
extension granted above, the temporary operating protocols specified in 
Notice No. 11 (66 FR 34512, June 28, 2001) remain in effect without 
change.

Implementation of Data Radio Systems

    Finally, FRA notes that, with the inclusion of this amendment, it 
has granted six requests for relief from the Order's original 
timetable. The Order requires data radio systems to be installed within 
one year of ACSES installation. In an August 28, 2001 letter, Amtrak 
requested that FRA suspend the Order's requirement to enforce temporary 
speed restrictions with temporary transponders until Amtrak fully 
implements data radio enforcement. FRA's October 31, 2001 response 
asked Amtrak to justify more fully this request to suspend positive 
protection for roadway workers. While Amtrak has yet to respond to the 
FRA letter, this latest request for relief highlights that Amtrak is in 
arrears in its commitment to install data radios. FRA is aware of the 
financial issues facing Amtrak and other parties to this Order, but the 
parties must commit fully to the extended deadlines for completion of 
ACSES design and implementation.
    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 February 12, 2002 until April 5, 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:
* * * * *

    Issued in Washington, DC, on January 31, 2002.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 02-3390 Filed 2-11-02; 8:45 am]
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