[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12733-12734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6035]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2001-9972; Formerly FRA Docket No. 87-2; Notice No. 16]
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--modification 
of temporary speed restriction requirements.

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SUMMARY: In 1998, FRA issued an Order of Particular Applicability 
(Order) 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 August of 2001, the National Railroad 
Passenger Corporation (Amtrak) requested that FRA temporarily suspend 
the Order's requirement to enforce temporary speed restrictions (TSRs) 
through the use of temporary transponders on the NEC-North End between 
Mill River Interlocking at mile post (MP) 73.6 and High Street 
Interlocking at MP 142.9. After reviewing data that Amtrak provided in 
August 2003 on its current transponder attrition rate, FRA has decided 
to grant the requested relief until April 1, 2005.

DATES: The amendments to the Order are effective March 17, 2004.

FOR FURTHER INFORMATION CONTACT: 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, FRA, 
1120 Vermont Avenue, NW., Washington, DC 20590 (202) 493-6038).

ADDRESSES: Docket: For access to the docket to read background 
documents or comments received, go to http://dms.dot.gov at any time or 
to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: The 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 Amtrak on the NEC-North End to 
be controlled by locomotives equipped to respond to ACSES by October 1, 
1999. FRA has subsequently amended the Order eight times 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, 200l; 66 FR 57771, November 16, 2001; 67 FR 
6753, February 12, 2002; 67 FR 14769, March 22, 2002; and 67 FR 47884, 
July 22, 2002.
    The ninth amendment to this Order is 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.

Modification of Temporary Speed Restriction Requirements

    As stated above, 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 completed full 
implementation of data radio enforcement. In its October 2001 response, 
FRA asked Amtrak to provide more documentation to justify this request.
    On August 13, 2003, Amtrak enclosed data supporting its assertion 
that unanticipated technical difficulties such as multiple changes to 
the original data base, problems with high speed trains sets, and an 
unusually high transponder attrition rate, had prevented it from 
adhering to the Order's implementation schedule. Amtrak stated that it 
had discovered the cause of the high transponder attrition rate and was 
correcting it by replacing current transponders with updated ones. As 
this replacement process would, however, result in further delays in 
ACSES implementation, Amtrak repeated its request that FRA grant it 
temporary relief from the Order's requirement to enforce TSRs through 
the use of temporary transponders on the NEC-North End between Mill 
River Interlocking at MP 73.6 and High Street Interlocking at MP 142.9. 
This would be a temporary measure to allow Amtrak to reap the 
significant safety benefits of positive 4 train separation and 
permanent civil speed restrictions as it continued to update 
transponders and implement the data radio infrastructure needed to 
support ACSES' positive train stop override feature as well as direct 
transfer of TSR data from the dispatching system to the onboard 
computer. Amtrak anticipated full implementation of ACSES by the end of 
the first quarter of 2005.
    FRA agrees that partial implementation of ACSES would provide 
significant safety benefits as work continues towards full 
implementation of the system. FRA is therefore amending the Order as 
follows:
    (1) Effective March 17, 2004, until no later than April 1, 2005, 
the requirement to achieve positive enforcement of TSRs through 
temporary transponders is suspended on the mainline track between Mill 
River Interlocking (MP 73.6) and High Street Interlocking (MP 142.9) to 
allow Amtrak to achieve direct loading of TSR data from its computer-

[[Page 12734]]

aided dispatching center to the on-board computers of all trains 
operating through this territory.
    (2) Amtrak must provide for TSR compliance through the use of 
Northeast Operating Rules Advisory Committee (NORAC) Form D or 
temporary speed restriction bulletin forms, advance speed signs, speed 
signs and resume signs. Compliance will continue to be monitored 
through efficiency tests.
    (3) Amtrak must enforce the current speed limit of 110 miles per 
hour on the affected territory until ACSES is fully implemented and all 
features of the system, including positive enforcement of TSRs, are 
fully functional.
    (4) Amtrak must provide a minimum of ten days notice to any 
carriers affected by ACSES expansion prior to its activation of the 
ACSES system to allow the affected carriers sufficient opportunity to 
operate test trains within the territory. The Regional Administrator 
for Region 1 shall be provided all associated safety and testing 
documentation to determine that appropriate preparations have been made 
to support expansions of ACSES.
    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 as follows:
    13. Amtrak Temporary Operating Protocols
    Effective upon March 17, 2004, until no later than April 1, 2005:
    a. The requirement that Amtrak achieve positive enforcement of 
temporary speed restrictions (TSRs) through temporary transponders is 
suspended on the mainline track between Mill River Interlocking (MP 
73.6) and High Street Interlocking (MP 142.9) on the NEC-North End to 
allow Amtrak to achieve direct loading of TSR data from its computer-
aided dispatching center to the on-board computers of all trains 
operating through this territory.
    b. Amtrak shall provide for TSR compliance and roadway worker 
protection through the use of Northeast Operating Rules Advisory 
Committee (NORAC) Form D or temporary speed restriction bulletin forms, 
advance speed signs, speed signs and resume signs. Compliance will 
continue to be monitored through efficiency tests.
    c. Amtrak shall enforce the current speed limit of 110 miles per 
hour on the affected territory until ACSES is fully implemented and all 
features of the system, including positive enforcement of TSRs, are 
fully functional.
    d. Amtrak must provide a minimum of ten days notice to any carriers 
affected by ACSES expansion prior to its activation of the ACSES system 
to allow the affected carriers sufficient opportunity to operate test 
trains within the territory. The Regional Administrator for Region 1 
shall be provided all associated safety and testing documentation to 
determine that appropriate preparations have been made to support 
expansions of ACSES.

    Issued in Washington, DC, on March 11, 2004.
Allan Rutter,
Administrator.
[FR Doc. 04-6035 Filed 3-16-04; 8:45 am]
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