77664 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Notices 

responsibilities in detail, such as State 

DOT responsibilities for projects that do 

not use Federal funds, which are not 

related to the purpose of an S&O 

Agreement. 

The FHWA also agrees that it is 

important for State DOTs to supervise 

construction projects on the NHS, 

including those undertaken by its 

subrecipients. The FHWA does not, 

however, believe that the S&O 

Agreement needs to include additional 

language to reflect this need. Section VII 

of the template includes language 

stating that the State DOT is responsible 

for ensuring that its subrecipients meet 

applicable Federal requirements. The 

FHWA does not believe it appropriate or 

necessary to explicitly state that this 

oversight must be done by directly 

supervising construction of projects on 

the NHS. 

Schedule To Implement Changes 

In accordance with section 

11307(c)(1) of BIL, FHWA has 

considered all comments received on its 

proposed S&O Agreement template. 

Through this notice, FHWA is 

describing the proposed changes to be 

made to that proposed template and is 

addressing comments in response to 

which changes were not made to the 

template. In accordance with sections 

11307(c)(1)(C) and 11307(c)(3)(A) of 

BIL, FHWA is updating its S&O 

Agreement template, which can be 

found at: https://www.fhwa.dot.gov/ 

federalaid/stewardship/. Pursuant to 

section 11307(c)(3)(B) of BIL, FHWA 

will ensure that this revised template is 

used to update existing S&O 

Agreements not later than November 12, 

2024. 

Authority: 23 U.S.C. 106(c); section 

11307, Pub. L. 117–58, 135 Stat. 532; 49 

CFR 1.85. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

[FR Doc. 2023–24960 Filed 11–9–23; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2010–0029] 

Amtrak’s Request To Amend Its 

Positive Train Control Safety Plan and 

Type Approval 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This document provides the 

public with notice that, on October 31 

and November 3, 2023, the National 

Railroad Passenger Corporation 

(Amtrak) submitted a request for 

amendment (RFA) to its FRA-approved 

Positive Train Control Safety Plan 

(PTCSP). As this RFA may involve a 

request for FRA’s approval of proposed 

material modifications to an FRAcertified positive train control (PTC) 

system, FRA is publishing this notice 

and inviting public comment on the 

railroad’s RFA to its PTCSP. 

DATES: FRA will consider comments 

received by December 4, 2023. FRA may 

consider comments received after that 

date to the extent practicable and 

without delaying implementation of 

valuable or necessary modifications to a 

PTC system. 

ADDRESSES: 

Comments: Comments may be 

submitted by going to https://

www.regulations.gov and following the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and the 

applicable docket number. The relevant 

PTC docket number for this host 

railroad is Docket No. FRA–2010–0029. 

For convenience, all active PTC dockets 

are hyperlinked on FRA’s website at 

https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All 

comments received will be posted 

without change to https://

www.regulations.gov; this includes any 

personal information. 

FOR FURTHER INFORMATION CONTACT: 

Gabe Neal, Staff Director, Signal, Train 

Control, and Crossings Division, 

telephone: 816–516–7168, email: 

Gabe.Neal@dot.gov. 

SUPPLEMENTARY INFORMATION: In general, 

title 49 United States Code (U.S.C.) 

section 20157(h) requires FRA to certify 

that a host railroad’s PTC system 

complies with title 49 Code of Federal 

Regulations (CFR) part 236, subpart I, 

before the technology may be operated 

in revenue service. Before making 

certain changes to an FRA-certified PTC 

system or the associated FRA-approved 

PTCSP, a host railroad must submit, and 

obtain FRA’s approval of, an RFA to its 

PTCSP under 49 CFR 236.1021. 

Under 49 CFR 236.1021(e), FRA’s 

regulations provide that FRA will 

publish a notice in the Federal Register 

and invite public comment in 

accordance with 49 CFR part 211, if an 

RFA includes a request for approval of 

a material modification of a signal or 

train control system. Accordingly, this 

notice informs the public that, on 

October 31 and November 3, 2023, 

Amtrak submitted an RFA to its PTCSP 

for its Advanced Civil Speed 

Enforcement System II (ACSES II), 

which seeks FRA’s approval of a new 

variance, regarding the Secure Positive 

Train Stop Release, to FRA’s current 

Type Approval and PTC System 

Certification of Amtrak’s ACSES II. That 

RFA is available in Docket No. FRA– 

2010–0029. 

Interested parties are invited to 

comment on Amtrak’s RFA to its PTCSP 

by submitting written comments or data. 

During FRA’s review of this railroad’s 

RFA, FRA will consider any comments 

or data submitted within the timeline 

specified in this notice and to the extent 

practicable, without delaying 

implementation of valuable or necessary 

modifications to a PTC system. See 49 

CFR 236.1021; see also 49 CFR 

236.1011(e). Under 49 CFR 236.1021, 

FRA maintains the authority to approve, 

approve with conditions, or deny a 

railroad’s RFA to its PTCSP at FRA’s 

sole discretion. 

Privacy Act Notice 

In accordance with 49 CFR 211.3, 

FRA solicits comments from the public 

to better inform its decisions. DOT posts 

these comments, without edit, including 

any personal information the 

commenter provides, to https://

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

https://www.transportation.gov/privacy. 

See https://www.regulations.gov/ 

privacy-notice for the privacy notice of 

regulations.gov. To facilitate comment 

tracking, we encourage commenters to 

provide their name, or the name of their 

organization; however, submission of 

names is completely optional. If you 

wish to provide comments containing 

proprietary or confidential information, 

please contact FRA for alternate 

submission instructions. 

Issued in Washington, DC. 

Carolyn R. Hayward-Williams, 

Director, Office of Railroad Systems and 

Technology. 

[FR Doc. 2023–24972 Filed 11–9–23; 8:45 am] 

BILLING CODE 4910–06–P 


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