[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Notices]
[Pages 33034-33035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8859]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2001-9972; Formerly FRA Docket No. 87-2]
[Notice No. 17]
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--Rescission of 
Temporary Nighttime Operating Protocols.

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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 2002, CSXT Transportation (CSXT) 
requested, and FRA granted, permission to run its nighttime operations 
under temporary operating protocols until further notice. In March 
2006, both CSXT and the National Railroad Passenger Corporation 
(Amtrak) requested that FRA rescind the 2002 CSXT nighttime operating 
protocols because advancements in the ACSES system had made them 
unnecessary. On May 1, 2006, FRA notified CSXT and Amtrak by letter 
that it had agreed to rescind the CSXT nighttime protocols as 
requested. This amendment conforms the Order accordingly.

DATES: The amendments to the Order are effective June 7, 2006.

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 nine 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, 2001; 66 FR 57771, November 16, 2001; 67 FR 
6753, February 12, 2002; 67 FR 14769, March 22, 2002; 67 FR 47884, July 
22, 2002; and 69 FR 12733, March 17, 2004.
    The tenth 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.

[[Page 33035]]

    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.

Rescission of Temporary Nighttime Operating Protocols

    In 2002, CSXT requested that FRA extend a June 2001 exception that 
allowed it to run under modified temporary operating protocols until 
field testing of Amtrak software on freight operations had been 
completed. FRA agreed to this request, and on July 22, 2002, published 
Notice No. 15 (67 FR 47884), which amended the Order by allowing CSXT 
to 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, to reduce the number of penalty brake applications 
experienced during switching operations.
    In a series of joint meetings, Amtrak, CSXT, and FRA agreed that 
upgrades to the ACSES system's wayside and on-board hardware and 
software components had improved their reliability to the point where 
CSXT could now safely operate on the NEC--North End with its on-board 
ACSES apparatus cut in and without unexpected penalty brake 
applications. On May 1, 2006, FRA notified CSXT and Amtrak by letter 
that it had granted their requests to rescind the 2002 CSXT temporary 
nighttime operating protocols. The amendment to this Order rescinds 
those protocols only; the positive stop requirement providing entrance 
to track 4 at Attleboro remains in place.
    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. Subparagraph (a)(1) of paragraph 13 is removed and reserved.

    Issued in Washington, DC, on June 2, 2006.
Joseph H. Boardman,
Administrator.
 [FR Doc. E6-8859 Filed 6-6-06; 8:45 am]
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