[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Notices]
[Pages 67567-67568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27077]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Application for Approval of Discontinuance or 
Modification of a Railroad Signal System or Relief From the 
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and 
49 U.S.C. 20502(a), the following railroad has petitioned the Federal 
Railroad Administration (FRA) seeking approval for the discontinuance 
or modification of the signal system or relief from the requirements of 
49 CFR Part 236, as detailed below.

[Docket Number FRA-2001-9972]

    Applicant: CSX Transportation, Inc., John R. Rimer, Director of 
Locomotive Engineering, Mechanical Operations, 500 Water Street--J340, 
Jacksonville, Florida 32202.
    As a point of clarification, FRA has requested that CSX 
Transportation (CSXT) submit an application request for a modification 
to a signal system that has previously been made.
    Upon installation of the Advanced Civil Speed Enforcement System 
(ACSES) required by the Order of Particular Applicability, FRA Docket 
Number 2001-9972 (formerly FRA Docket No. 87-2, Notice No. 7 issued on 
July 22, 1998), CSXT became aware of frequent nuisance penalty brake 
applications being experienced while performing routine freight 
switching maneuvers. The circumstances of the situation are as 
described below.
    As a method of ``roll-away'' protection, ACSES required a train to 
be at 0 miles per hour (mph) with the reverser centered. If a train was 
not at 0 mph and the reverser was centered, the condition was 
recognized by ACSES as a moving train not intended to be moving, and 
therefore a possible roll-away. Freight trains, unlike passenger 
trains, do a lot of back and forth movements, with the reverser moved 
through the neutral position numerous times, as the locomotive switches 
in and out of a yard or work a business along the Northeast Corridor 
(NEC).
    In 2001, CSXT, while hosting bi-monthly ACSES problem-solving 
meetings with Amtrak, FRA, and system suppliers PHW and Alstom, 
proposed and executed a modification (Number M-0122) which was external 
to ACSES that made ACSES act as through the reverser was in forward, 
while it was actually centered. This allowed CSXT engineers to perform 
freight switching activities without the nuisance penalty brake 
applications described above.

[[Page 67568]]

    This modification also disabled a portion of ACSES roll-away 
protection, which was intended to have ACSES prevent a train from 
rolling away in the event the train brakes were not set properly and an 
end was not selected. This accounted for the immediate recognition of a 
roll-away condition no longer being available if a train's speed was 
not 0 mph. However, as a train's speed began to increase with the 
reverser centered (as would be the case in a standing train should it 
begin to roll away), the alerter function is enabled and within a short 
period of time (30 to 60 seconds depending on gained speed), the brakes 
will be set.
    CSXT does not believe that the ACSES roll-away protection function 
was intended to be active while a train is being brought to a stop such 
as within switching movements. CSXT has operated with modification M-
0122 since September 30, 2001, without incident. CSXT was requested to, 
and has submitted, a request for regulatory relief to use this 
modification on their GP-40-2 locomotives.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should be 
identified by Docket Number FRA-2001-9972 and may be submitted by any 
of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78).

    Issued in Washington, DC on November 7, 2008.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
 [FR Doc. E8-27077 Filed 11-13-08; 8:45 am]
BILLING CODE 4910-06-P