[Federal Register Volume 67, Number 140 (Monday, July 22, 2002)]
[Notices]
[Pages 47884-47885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18346]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2001-9972; Formerly FRA Docket No. 87-2; Notice No. 15]
RIN 2130-AB20


Automatic Train Control and Advanced Civil Speed Enforcement 
System; Northeast Corridor Railroads

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

ACTION: Amendment to Order of Particular Applicability requiring 
Advanced Civil Speed Enforcement System (ACSES) between New Haven, 
Connecticut and Boston, Massachusetts--New CSX Transportation (CSXT) 
temporary operating protocols allowing nighttime operations.

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SUMMARY: In 1998, FRA issued an 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). On June 26, 2002, CSXT wrote to request additional relief. 
After reviewing this request, and discussing it with CSXT personnel, 
FRA has decided to amend the Order to allow CSXT to run nighttime 
operations under temporary operating protocols until further notice.

DATES: The amendment to the Order is effective July 22, 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 seven subsequent notices, FRA amended 
the Order to reset the implementation schedule, make technical changes, 
and allow the use of temporary operating protocols. 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; 67 FR 
6753, February 12, 2002, and 67 FR 14769, March 27, 2002.
    On June 28, 2001, in Notice No. 11, FRA granted CSXT a relief 
period from the implementation schedule specified in the Order to allow 
CSXT additional time to complete its field testing of new

[[Page 47885]]

Amtrak operational software. FRA subsequently extended the relief 
period several times as Amtrak continued to make adjustments. The 
temporary operating protocols specified in paragraph 12 of this Order 
are no longer in effect, since the last of these extensions expired on 
July 1, 2002. For this reason, the temporary operating protocols 
specified in this amendment will be added to this Order in new 
paragraph 13.
    The modifications contained in this amendment to the Order will run 
until development and testing of the operational software is complete 
and FRA has issued a subsequent notice. FRA is making this amendment 
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 amendment to this 
Order 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.
    As mentioned above, the relief granted in the last amendment has 
expired. To prevent such recurrences, and to ensure that FRA has 
adequate time to consider all requests, any future requests for relief 
must be submitted no later than 10 working days before the requestor 
wishes the desired relief to take effect. FRA expects the parties to 
this Order to resolve any remaining issues quickly, since this is the 
seventh time that FRA has amended the Order to provide temporary relief 
from its requirements.

New CSXT Temporary Operating Protocols

    The CSXT letter identified numerous ``problem areas'' in both the 
wayside and onboard portions of ACSES, with CSXT's recommended 
solutions. Many of the software and mechanical issues identified by 
CSXT have either been resolved through agreement with Amtrak or cannot 
be addressed by revisions to the order. One major issue, however, is 
CSXT's request to be allowed to continue trains operations with ACSES 
cut out in the event of a road failure, or a single nuisance penalty 
brake application. FRA will not allow this request. CSXT is in effect 
asking for permission to cut out ACSES en route, regardless of whether 
the system is on board and working as intended. FRA believes that the 
protection ACSES provides to high speed trains and other trains on the 
NEC--North End is more important than its occasional impact on freight 
service. However, FRA is amending the Order to reduce the impact on 
CSXT operations by excepting nighttime operations as CSXT requested. In 
this amendment, FRA also addresses CSXT's request to remove the 
positive stop protections at two interlockings.

(1) Nighttime Operations

    In its June 26 letter, CSXT stated that Amtrak had agreed to allow 
CSXT to operate freight trains on the NEC--North End with ACSES cut out 
during the low-volume hours of 12:00 a.m-5:00 a.m. There are no high-
speed train operations on the NEC--North End during these hours, and 
other passenger rail operations are very limited. This relief will 
allow CSXT to operate trains on the NEC--North End with ACSES cut out, 
without the current requirement that the Amtrak dispatcher be notified 
at the time of cut out.
    FRA approves this request, provided that CSXT and Amtrak submit 
operating rules for FRA's approval before nighttime operations begin. 
The operating rules must indicate all the aspects and controls of these 
operations. This relief will continue until Amtrak has modified its 
software to eliminate the large number of unexpected penalty 
applications currently required and FRA has issued a subsequent notice 
rescinding the relief extended in this notice.

(2) Retention of Positive Stop Requirements

    Currently, ACSES enforces positive stop requirements at the 
interlockings at Attleboro, and Mansfield, Massachusetts. In its June 
26 letter, CSXT indicated that Amtrak had agreed to grant CSXT's 
request to remove the positive stop requirements at both interlockings, 
to reduce the number of penalty brake applications experienced during 
switching operations.
    Even though Amtrak has agreed to these removals, FRA does not 
approve CSXT's request to remove the positive stop requirements at the 
Attleboro and Mansfield interlockings. The Order required Amtrak to put 
ACSES on high speed main tracks and tracks adjacent to them where 
speeds exceed 15 mph. This ACSES territory must also have perimeter 
protection. At the Attleboro interlocking, entry from the New Bedford 
Secondary is onto Track 4, a 60 mile per hour (mph) track used by cab 
car forward commuter trains where safety could be adversely affected by 
the removal of the positive stops at the east and west bound home 
signals. Track 4 is required both to have ACSES and to be perimeter-
protected, which benefits safety on the commuter main and the adjacent 
high speed line. At the Mansfield interlocking, entry is onto a high-
speed (150 mph) track. Here too, FRA believes that safety would be 
better served by retaining positive stop protection.
    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 13 is added to read as follows:
    13. CSX Transportation (CSXT) Temporary Operating Protocols.
    Effective upon [July 22, 2002] until further notice:
    CSXT may operate trains along the NEC--North End between the hours 
of 12 a.m. to 5 a.m. with ACSES cut out, without prior notification to 
the Amtrak dispatcher. This temporary relief is contingent upon FRA 
approval of Amtrak and CSXT operating rules concerning these 
operations.

    Issued in Washington, DC, on July 15, 2002.
Allan Rutter,
Federal Railroad Administrator.
[FR Doc. 02-18346 Filed 7-19-02; 8:45 am]
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