[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Notices]
[Pages 62795-62799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26922]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Docket No. 87-2, Notice. No. 9]
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: Amendments to Order of Particular Applicability Requiring ACSES 
Between New Haven, Connecticut and Boston,

[[Page 62796]]

Massachusetts--New Implementation Schedule and Technical Changes

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SUMMARY: FRA amends an Order of Particular Applicability (Order) (July 
22, 1998, 63 FR 39343), that requires 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) system. The amendments 
include a new implementation schedule and technical changes.

DATES: The amended Order is effective October 19, 2000.

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, 20005 ((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, 20005 ((202) 493-6268), or Patricia V. Sun, Office of 
Chief Counsel, Mail Stop 10, 1120 Vermont Avenue, NW., Washington, DC, 
20005 ((202) 493-6038).

SUPPLEMENTARY INFORMATION: The Order, as issued 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. Among other requirements, the Order required all trains operating 
on track controlled by the National Railroad Passenger Corporation 
(Amtrak) between New Haven, Connecticut and Boston, Massachusetts (NEC-
North End) to be controlled by locomotives equipped to respond to ACSES 
by October 1, 1999. In a later notice, FRA reset the compliance date 
for trains operating on the NEC-North End to March 21, 2000, based on 
information from Amtrak (64 FR 54410, October 6, 1999).

Implementation Schedule and Technical Changes

    FRA is making the amendments to this order 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 and because no one will 
be disadvantaged or harmed by the lack of additional notice. 
Implementation of ACSES on the NEC will provide significant safety and 
transportation benefits: train speeds of up to 150 miles per hour; a 
high-speed diverging signal aspect at 80 miles per hour; more efficient 
handling of both high-speed and conventional trains; new intermediate 
speeds between 45 miles per hour and 150 miles per hour; the capability 
for headway improvement in congested commuter areas; and practical 
staging from present wayside and on-board equipment.
    Moreover, as recited above, the basic Order which this Order amends 
has been in effect since July 22, 1998, and all railroads using the NEC 
have known the requirements to which they are subject since then. The 
most recent prior amendment of the Order contemplated use of ACSES 
north of New Haven, Connecticut, beginning March 21, 2000 and all of 
the affected railroads aimed to meet that date. Amtrak has represented 
to FRA that, with the exception of railroads aimed to meet that date. 
Amtrak has represented to FRA that, with the exception of CSX, all of 
the operating personnel of each railroad using the NEC have been 
trained in the use of ACSES and all of the locomotives used by those 
railroads on the NEC are equipped to use ACSES. CSX employees will be 
trained prior to implementation of ACSES in the territory in which they 
operate (Attleboro, Massachusetts to Boston); the amended 
implementation schedule does not require CSX to complete this training 
until November 13, 2000. Thus, no one will be disadvantaged or harmed 
by the lack of additional notice.
    On September 25, 2000, Amtrak sent letters to the Providence and 
Worcester Railroad Company, CSX Transportation (CSX), Connecticut 
Department of Transportation, and Massachusetts Bay Transportation 
Authority advising them of the dates on which ACSES will be implemented 
in the territories where their trains operate, and notifying them that 
their engines must be equipped and employees trained by those dates.
    Amtrak has informed FRA that affected railroads should be ready to 
implement ACSES according to the schedule below. If there are any 
changes to the dates listed, Amtrak will provide a minimum of seven 
days notification to all NEC users prior to cut over.
    1. Milepost 139.3 (Stonington, Connecticut) to Milepost 181.0 
(Cranston, Rhode Island) on October 21, 2000
    2. Milepost 187.0 (Lawn, Rhode Island) to Milepost 218.5 (Transfer, 
Massachusetts) on November 13, 2000
    3. Milepost 113.3 (Nan, Connecticut) to Milepost 139.0 (High St., 
Rhode Island) on November 27, 2000
    4. Milepost 181.0, Cranston, Rhode Island to Milepost 187.0 (Lawn, 
Rhode Island) and Milepost 218.5 (Transfer, Massachusetts) to Milepost 
228.0 (Cove, Massachusetts) on December 18, 2000
    5. Milepost 73.6 (Mill River, Connecticut) to Milepost 113.3 (Nan, 
Connecticut) on January 15, 2001
    Work will continue on this major improvement project to facilitate 
train service at speeds up to 150 miles per hour (mph). Amtrak has 
submitted a revised highway-rail crossing plan for the 11 remaining 
highway-rail at grade crossings on the NEC-North End.
    FRA has also amended the Order to set February 1, 2001, as the 
anticipated date for ACSES implementation between Washington, D.C, and 
New York, New York (NEC-South End). FRA will amend the Order if this 
date changes as work on the NEC-South End progresses.
    FRA has been communicating with Amtrak as work on the project 
progresses. In addition to the amended implementation schedule, Amtrak 
has suggested several technical changes to the Order to make it clearer 
and more accurate. FRA agrees with these suggestions and is modifying 
the Order accordingly; each change is discussed below.
    Since these modifications are merely technical changes, FRA is not 
reopening the comment period. Providing an additional comment period on 
the amended implementation schedule would be impractical, unnecessary 
and contrary to the public interest. The schedule is based on the 
readiness of particular track segments for implementation, a subject on 
which Amtrak has provided the most current information. Delay in 
implementing that schedule would be contrary to the public interest 
because it would postpone the delivery of substantial safety and 
operational benefits that the system will provide as explained above.
    For purposes of readability, FRA is reprinting the amended Order in 
its entirety.

Scope and Applicability

    The Order had incorrectly stated that all trains are to be equipped 
with ACSES ``from mile post 73.2 at New Haven, Connecticut to South 
Station, Boston, Massachusetts.'' Extension of ACSES into and west of 
Mill River Interlocking would involve trains operating to Springfield, 
Massachusetts, and extension of ACSES into and east of Cove 
interlocking would involve trains operating to Framingham, Worcester, 
and Springfield, Massachusetts; and to Albany, New York and west. These 
routes are not covered by this first phase of the ACSES program.

[[Page 62797]]

    FRA now corrects the Order to conform with the first phase of ACSES 
which, as planned, starts at Milepost 73.6 (the east end of Mill River 
Interlocking) and ends at Milepost 228.0 (the west end of Cove 
Interlocking). The maximum authorized speed planned over the 1.3 miles 
between Mill River (Milepost 73.6) and New Haven (Milepost 72.3) is 50 
miles per hour. The maximum authorized speed over the 0.7 miles between 
Cove (Milepost 228.0) and South Station, Boston (Milepost 228.7) is 30 
miles per hour within Cove Interlocking and 15 miles per hour east of 
Cove to South Station.

Performance Standards

Paragraph 1
    The Order contains the following sentence: ``Permanent restrictions 
shall be loaded into the onboard computer by direct data transfer from 
a verified database.'' Amtrak asked for clarification, since under 
ACSES, permanent restrictions will be loaded into individual 
transponders directly from verified data messages prepared from a 
verified database. As a locomotive traverses the territory, its onboard 
computer is designed to receive messages from the transponders in a 
timely manner. FRA will accordingly reword the relevant sentence in 
Paragraph 1 to read ``Permanent restrictions will be loaded into the 
individual transponders directly from verified data messages prepared 
from a verified database.''
Paragraph 6a
    Amtrak recommended that FRA completely revise paragraph 6a of the 
Performance Standards to make it more compatible with current Northeast 
Operating Rules Advisory Committee (NORAC) operating rules and better 
explain the use of data radios in releasing the positive stop when 
conditions warrant. FRA agrees with this recommendation and will revise 
the paragraph to read as follows:
    Failure of cab Signal/ATC System: In the event of failure of the 
cab signal/ATC system on board a train, the cab signal/ATC system will 
be cut out; however ACSES will remain operative and enforce a 79 mph 
speed limit, and the positive stop at home signals displaying an 
absolute stop. Movement will be made according to the operating rules 
that apply to cab signal/ATC failures. Release of the positive stop at 
home signals displaying an aspect more favorable than stop will be 
provided through a data radio, with information derived from the 
interlocking circuitry. In territory without fixed automatic block 
signals, release of the positive stop will not be provided by the data 
radio unless ``Clear to Next Interlocking'' signal is displayed. Until 
wayside and on board data radios are in service, ACSES may be cut out 
following an on board cab signal/ATC failure, to avoid unnecessary 
positive stop enforcement at home signals displaying an aspect more 
favorable than absolute stop.
Paragraph 6e
    Amtrak suggested that the sentence ``If the missing transponder is 
a positive stop enforcement transponder at the distant signal to an 
interlocking, then the system will treat the missing transponder as if 
it were present and a stop will be required'' is misleading. Amtrak 
notes that while it is true that a stop will be required due to the 
redundancy of the transponder set encountered prior to reaching the 
transponder set at the distant signal, the system will not treat the 
missing transponder as if it were present, but will instead generate a 
``missing transponder alarm.'' If a transponder were missing, the 125 
mph speed restriction will always be enforced by the ATC, but the 110 
mph restriction between New Haven and Boston will be required by NORAC 
rules when the transponder missing alarm is received and acknowledged. 
FRA therefore corrects the wording of the sentence in question to read 
``If the missing transponder is a positive stop enforcement transponder 
at the distant signal to an interlocking, the redundancy of the 
transponder set encountered prior to reaching the location of the 
transponder set at the distant signal will require a stop when 
necessary.''
Paragraph 9a
    Amtrak submitted a revised highway-rail crossing plan for the NEC--
North End updating the status of the remaining highway-rail at grade 
crossings between New Haven and Boston, all in Connecticut. The only 
crossing in Rhode Island, Wolf's Rock Road at Milepost 160.3, was 
closed on November 1, 1999. Amtrak installed four quadrant gates with 
loop detectors controlling the exit gates at the School Street crossing 
at Milepost 131.2 and the Broadway Extension crossing at Milepost 
132.3. Amtrak anticipates installing four quadrant gates at the 
Palmer's Street crossing at Milepost 140.6 on October 21, 2000. Amtrak 
will complete additional improvements as funding becomes available.
    Accordingly, for the reasons stated in the preamble, FRA amends the 
Order to read as follows:

Final Order of Particular Applicability

    Authority: 49 U.S.C. 20103, 20107, 20501-20505 (1994); and 49 
CFR 1.49(f), (g), and (m).

Scope and Applicability

    This order supplements existing regulations at 49 CFR Part 236 and 
existing orders for automatic train control on track controlled by the 
National Railroad Passenger Corporation (Amtrak) on the Northeast 
Corridor (NEC). This order applies in territory where Amtrak has 
installed wayside elements of the Advanced Civil Speed Enforcement 
System (ACSES), permitting high-speed operations under the conditions 
set forth below.
    All railroads operating on high-speed tracks in such equipped 
territory between Boston, Massachusetts and New Haven, Connecticut 
(NEC--North End), or on tracks providing access to such high-speed 
tracks, shall be subject to this order, including the following 
entities operating or contracting for the operation of rail service--
Amtrak;
Connecticut Department of Transportation;
Consolidated Rail Corporation and its successors;
Massachusetts Bay Transportation Authority; and
Providence and Worcester Railroad Company.

The requirement that all trains be equipped with operative on-board 
ACSES applies as specified in paragraph (2) from Milepost 73.6 (the 
east end of Mill River Interlocking) to Milepost 228.0 (the west end of 
Cove Interlocking), but applies only to high-speed trains operating on 
high-speed tracks between Washington, D.C, and New York, New York 
(NEC--South End), as set forth in paragraph 9(b).

Definitions

    Unless otherwise provided terms used in this order have the same 
definitions contained in Part 236. For purposes of this order--
    ``ACSES'' means a transponder-based system that operates 
independent of the cab signal system, and provides enforcement of 
permanent speed restrictions, temporary speed restrictions, and stop 
signals at interlockings.
    ``High-speed train'' means a train operating in excess of 125 miles 
per hour (mph) on the NEC--South End, and 110 mph on the NEC--North 
End.

[[Page 62798]]

    ``High-speed track'' means (1) a track on the main line of the 
NEC--South End, where the authorized train speed for any class of train 
exceeds 125 mph, or (2) a track on the main line of the NEC--North End 
where the maximum authorized train speed for any class of train is in 
excess of 110 mph.
    ``Immediately adjacent track'' means a track within 30 feet of a 
high-speed track when measured from track center to track center.
    ``Signal and train control system'' refers to the automatic cab 
signal/automatic train control system (cab signal/ATC) in effect on the 
NEC at the date of issuance of this order, as supplemented by ACSES, 
together with such modifications as Amtrak shall make consistent with 
this order.

Performance Standards

    Effective October 21, 2000, the following performance standards and 
special requirements shall apply, except for paragraph 9(b), which 
shall apply February 1, 2001.
    1. Except as provided in paragraph 9(b), the signal and train 
control system shall enforce both permanent and temporary civil speed 
restrictions (e.g., track curvature, bridges, and slow orders) on all 
high-speed tracks and immediately adjacent tracks. Permanent 
restrictions will be loaded into the individual transponders directly 
from verified data messages prepared from a verified database. 
Temporary restrictions shall be loaded into the onboard computer by 
direct data transfer from the computer-aided dispatching system. (For 
not to exceed 12 months following cut-in of the system, use of 
temporary transponders programmed with appropriate speed restrictions 
will be deemed to satisfy this paragraph. Thereafter, use of temporary 
transponders alone shall be acceptable only in the case of an emergency 
restriction for which transfer of the restriction into the onboard 
computers of all affected trains is not practicable.)
    2. Except as provided in paragraph 9(b), all trains operating on 
high-speed track, immediately adjacent track where the maximum 
authorized speed exceeds 20 mph, or track providing access to high-
speed track shall be equipped to respond to the continuous cab signal/
speed control system and ACSES.
    3. No conflicting aspects or indications shall be displayed in the 
locomotive cab.
    4. The system must enforce the most restrictive speed at any 
location associated with either the civil/temporary restriction or cab 
signal aspect.
    5. At interlocking home signals and control points on high-speed 
tracks or protecting switches providing access to high-speed tracks, 
the signal and train control system shall enforce a positive stop short 
of the signal or fouling point when the signal displays an absolute 
stop. The system shall function such that the train will be brought to 
a complete stop and cannot be moved again until the first of the 
following events shall occur: (1) The signal displays a more permissive 
aspect; or (2) in the event of a system malfunction, or system penalty, 
the train comes to a complete stop, the engineer receives verbal 
authority to proceed from the dispatcher, and the engineer activates an 
override or reset device that is located where it cannot be activated 
from the engineer's accustomed position in the cab. The train may then 
only travel at restricted speed until a valid speed command is received 
by the on-board train equipment. For not to exceed 12 months following 
cut-in of ACSES, release of the positive stop feature, under conditions 
where the signal displays an aspect more favorable than stop, but not 
less favorable than restricting, may be accomplished by use of the 
reset device; thereafter, this function shall be accomplished 
automatically so that it is not necessary for the engineer to leave his 
or her accustomed position in the cab.
    6. Failure modes of the system will allow for train movements at 
reduced speeds, as follows:
    a. Failure of cab Signal/ATC System: In the event of failure of the 
cab signal/ ATC system on board a train, the cab signal/ATC system will 
be cut out; however ACSES will remain operative and enforce a 79 mph 
speed limit, and the positive stop at home signals displaying an 
absolute stop. Movement will be made according to the operating rules 
that apply to cab signal/ATC failures. Release of the positive stop at 
home signals displaying an aspect more favorable than stop will be 
provided through a data radio, with information derived from the 
interlocking circuitry. In territory without fixed automatic block 
signals, release of the positive stop will not be provided by the data 
radio unless ``Clear to Next Interlocking'' signal is displayed. Until 
wayside and on board data radios are in service, ACSES may be cut out 
following an on board cab signal/ATC failure, to avoid unnecessary 
positive stop enforcement at home signals displaying an aspect more 
favorable than absolute stop.
    b. ACSES failure. If the on-board ACSES fails en route, it must be 
cut out in a similar manner to the cab signal/ATC system. The engineer 
will be required to notify the dispatcher that ACSES has been cut out. 
When given permission to proceed, the train must not exceed 125 mph 
(NEC-South End) or 110 mph (NEC-North End). All trains with cut out 
ACSES will operate at conventional train speeds.
    c. Cab signals/ATC & ACSES failure. In the event of a failure of 
the cab signal/ATC system onboard a train, the system shall be cut out 
and the train shall proceed as provided for in 49 CFR 236.567.
    d. Wayside signal system failure. If the wayside signal system 
fails, train operation will be at restricted speed to a point where 
absolute block can be established in advance of the train. Where 
absolute block is established in advance of the train, the train may 
proceed at speeds not to exceed 79 mph.
    e. Missing transponder. If a transponder is not detected where the 
equipment expected to find the next transponder, the train must not 
exceed 125 mph (NEC-South End) or 110 mph (NEC-North End) until the 
next valid transponder is encountered. The 125/110 mph speed 
restriction will be enforced by the system and ``--'' will be displayed 
to indicate that the civil speed is unknown. The audible alarm for 
civil speeds will sound and must be acknowledged. Speed restrictions 
previously entered into the system, whether temporary or permanent, 
will be displayed at the proper time and continue to be enforced. If 
the missing transponder is a positive stop enforcement transponder at 
the distant signal to an interlocking, the redundancy of the 
transponder set encountered prior to reaching the location of the 
transponder set at the distant signal will require a stop when 
necessary. Since the previous transponder will have transmitted the 
distance to the stop location, the stop shall be enforced unless a cab 
signal is received that indicates the interlocking signal is displaying 
an aspect more favorable than ``Stop,'' ``Stop & Proceed,'' and 
``Restricting.'' The 125/110 mph speed restriction will also be 
enforced regardless of whether the cab signal aspect is being received.
    7. When it becomes necessary to cut out the cab signal/ATC system, 
ACSES, or both, these systems shall be considered inoperative until the 
engine has been repaired, tested and found to be functioning properly. 
Repairs shall be made before dispatching the unit on any subsequent 
trip.
    8. Other requirements applicable to the system are as follows:
    a. Aspects in the cab shall have only one indication and one name, 
and will

[[Page 62799]]

be shown in such a way as to be understood by the engine crew. These 
aspects shall be shown by lights and/or illuminated letters or numbers.
    b. Entrances to the main line can be protected by electrically 
locked derails if the speed limit is 15 mph or less. A transponder set 
shall cut in ACSES prior to movement through the derail and onto the 
main line. If the speed limit is greater than 15 mph, a positive stop 
will be required. At entrances from a signaled track, ACSES shall be 
cut in prior to the distant signal and a positive stop enforced at the 
home signal.
    c. An on-board event recorder shall record, in addition to the 
required functions of Sec. 229.5(g) [of FRA's Railroad Locomotive 
Safety Standards (49 CFR Part 229)], the time at which each transponder 
is encountered, the information associated with that transponder, and 
each use of the positive stop override. These functions may be 
incorporated within the on-board computer, or as a stand alone device, 
but shall continue to record speeds and related cab signal/ATC data, 
even if ACSES has failed and/or is cut out. The event recorder shall 
meet all requirements of Sec. 229.135.
    9. The following maximum speeds apply on the NEC in territory 
subject to this order:
    a. In ACSES territory where all trains operating on high-speed 
tracks, adjacent track where the maximum authorized speed exceeds 20 
mph, and tracks providing access to high-speed tracks are equipped with 
cab signal/ATC and ACSES, qualified and ACSES-equipped trainsets 
otherwise so authorized may operate at maximum speeds not exceeding 150 
mph. The maximum speed over any highway-rail crossing shall not exceed 
80 mph where only conventional warning systems are in place. Train 
speeds shall not exceed 95 mph over any highway-rail crossing where 
arrangements approved by the Associate Administrator for Safety 
incorporating four-quadrant gates and presence detection are provided 
and tied into the signal system, such that a train will be brought to a 
stop should the crossing be determined to be occupied following descent 
of the gates. Amtrak shall submit for approval of the Associate 
Administrator for Safety plans for site-specific improvements with 
timetables for each of the NEC crossings remaining on the NEC-North 
End.
    b. In ACSES territory on the NEC-South End, where access to any 
high-speed track is prevented by switches locked in the normal position 
and a parallel route to the high-speed track is provided at crossovers 
from adjacent tracks, and where no junctions providing direct access 
exist, qualified and ACSES-equipped trainsets otherwise so authorized 
may operate to a maximum speed not exceeding 135 mph on such track; and 
provisions of this order requiring other tracks and trains to be 
equipped with ACSES do not apply.
    10. Schedule and acceptance requirements.
    a. This order is effective upon publication.
    b. Not later than 45 days following publication of this order, 
Amtrak shall deliver to the Associate Administrator for Safety, FRA, a 
final program and timetable for completion of pre-qualification tests, 
availability of on-board equipment from Amtrak's vendor, staging of 
installation of on-board equipment for which Amtrak takes 
responsibility, and testing of all wayside and on-board equipment prior 
to cut-in.
    c. Contingent upon FRA's acceptance of the final program and 
timetable, and FRA's acceptance of the results of pre-qualification and 
pre-service tests, compliance with requirements of this order for use 
of ACSES on the NEC-North End is required on and after October 21, 
2000.
    d. Amtrak may commence operations under paragraph 9(b) of this 
order utilizing equipment qualified under 49 CFR Part 213, as revised, 
following FRA's approval of the elements of the final program, 
timetable and test results pertinent to the subject territory and 
operations.
    e. Milepost implementation will occur as scheduled below:
    1. Milepost 139.3 (Stonington, Connecticut) to Milepost 181.0 
(Cranston, Rhode Island) on October 21, 2000.
    2. Milepost 187.0 (Lawn, Rhode Island) to Milepost 218.5 (Transfer, 
Massachusetts) on November 13, 2000.
    3. Milepost 113.3 (Nan, Connecticut) to Milepost 139.0 (High St., 
Rhode Island) on November 27, 2000.
    4. Milepost 181.0, Cranston, Rhode Island to Milepost 187.0 (Lawn, 
Rhode Island) and Milepost 218.5 (Transfer, Massachusetts) to Milepost 
228.0 (Cove, Massachusetts) on December 18, 2000.
    5. Milepost 73.6 (Mill River, Connecticut) to Milepost 113.3 (Nan, 
Connecticut) on January 15, 2001.

    Issued in Washington, D.C. on October 13, 2000.
John V. Wells,
Deputy Federal Railroad Administrator.
[FR Doc. 00-26922 Filed 10-18-00; 8:45 am]
BILLING CODE 4910-06-P