[Federal Register Volume 67, Number 59 (Wednesday, March 27, 2002)]
[Notices]
[Pages 14769-14770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7352]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2001-9972 Formerly FRA Docket No. 87-2; Notice No. 14]
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: Amendments to Order of Particular Applicability Requiring ACSES 
Between New Haven, Connecticut and Boston, Massachusetts-Extension of 
Massachusetts Bay Transit Authority (MBTA) and CSX Transportation 
(CSXT) Temporary Operating Protocols.

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SUMMARY: FRA makes two amendments to 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). In these amendments, FRA extends previously 
granted exceptions that allowed MBTA and CSXT to follow temporary 
operating protocols. For both MBTA and CSXT, the exceptions now run 
until July 1, 2002, to allow MBTA time to complete equipping its 
locomotives as required for ACSES service, and to allow CSXT time to 
complete testing of Amtrak-supplied software.

DATES: The amendments to the Order are effective March 27, 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 six 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; 66 FR 57771, 
November 16, 2001; and 67 FR 6753, February 12, 2002.

Background

    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.

[[Page 14770]]

    FRA is not reopening the comment period since the amendments to 
this Order are necessary to avoid disruption of rail service. Under 
these circumstances, delaying the effective date of the amendments to 
allow for notice and comment would be impracticable, unnecessary, and 
contrary to the public interest.

Extension of MBTA Temporary Operating Protocols

    This is the latest in a series of amendments that allows MBTA to 
follow temporary operating protocols whenever it cannot dispatch a 
train equipped with ACSES. MBTA has had repeated difficulties in 
equipping sufficient locomotives with ACSES by the timetable specified 
in the Order. It is FRA's understanding, however, that Amtrak and MBTA 
have reached an agreement on what is needed for MBTA to complete 
equipment of its locomotive fleet for ACSES service.
    Amtrak and MBTA agree that 40 MBTA locomotives must be equipped 
with an FM-8 ACSES configuration. MBTA currently has more than 40 
ACSES-equipped locomotives, but only 24 of these have an FM-8 
configuration. MBTA has the materials to equip its remaining 16 ACSES-
equipped locomotives with an FM-8 configuration, but estimates that it 
will need four days to equip each locomotive, including transit time. 
Using this estimate, MBTA has asked for a final extension of the 
temporary protocols to allow it time to complete equipment of its fleet 
of ACSES-equipped locomotives. FRA is pleased that Amtrak and MBTA now 
agree on equipment needs, and will therefore grant MBTA a last 
extension to use the temporary operating protocols until July 1, 2002. 
Other than the final extension granted above, the MBTA temporary 
operating protocols specified in Notice No. 11 (66 FR 34512, June 28, 
2001) remain in effect without change.

Extension of CSXT Temporary Operating Protocols

    On June 28, 2001, in Notice No. 11, FRA granted CSXT a relief 
period from the implementation schedule specified in the Order. FRA has 
extended this relief period several times to allow CSXT time to test 
new Amtrak operational software. FRA is extending the date by which 
CSXT must complete software testing to July 1, 2002 since Amtrak is 
continuing to make adjustments to its new operational software.
    Other than the extension for software testing explained above, the 
CSXT temporary operating protocols specified in Notice No. 11 remain in 
effect without change.
    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 March 27, 2002 until July 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:
* * * * *
    3. Paragraph 12 is amended to read as follows:

12. CSX Transportation (CSXT) Temporary Operating Protocols

    (a) Effective upon March 27, 2002 until July 1, 2002, 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:
* * * * *

    Issued in Washington, DC, on March 15, 2002.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 02-7352 Filed 3-26-02; 8:45 am]
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