Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Notices 62795

Passenger Facility Charge Branch,

Airports Financial Assistance Division

(APP–530), Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591,

(202) 267–3845.

SUPPLEMENTARY INFORMATION: Title 49 of

the United States Code (U.S.C.), section

40117, authorizes the Secretary of

Transportation (further delegated to the

FAA Administrator) to approve the local

imposition of a PFC of $1, $2, $3, $4,

or $4.50 per enplaned passenger for use

on certain airport projects. Legislation

effecting PFC charge levels and criteria

for approvals, enacted shortly before the

issuance of this notice, provides for the

PFC level to increase to $4 or $4.50. The

increased PFC level is contingent on a

public agency demonstrating that it

meets certain additional approval

criteria. Certain of these criteria apply

only to medium and large hub airports.

On May 29, 1991, the FAA issued 14

Code of Federal Regulations (CFR) part

158 outlining policies and procedures

for the PFC program. On May 30, 2000,

the FAA issued a final rule to amend

part 158 to allow, among other things,

an increase in the PFC level to $4 or

$4.50. The final rule also included

additional criteria for the approval of

the higher PFC levels.

Under part 158, public agencies

controlling commercial service airports

can apply to the FAA for authority to

impose and/or use a PFC to finance

approved, eligible airport-related

projects. Section 158.3 defines a public

agency to be a state or any agency or one

or more states; a municipality or other

political subdivision of a state; an

authority created by Federal, state, or

local law; a tax-supported organization;

or an Indian tribe or pueblo that

controls a commercial service airport. A

private entity controlling an airport

participating in the Pilot Program for

Private Ownership of Airports (49

U.S.C. 47134) may also apply to impose

a PFC.

The FAA must issue a final decision

approving or disapproving a PFC

application, in whole or in part, no later

than 120 days after the application is

received by the FAA from the public

agency (section 158.27(c)(4)). Following

the FAA’s full or partial approval of an

application to impose a PFC, the public

agency must notify air carriers and

foreign air carriers required to collect

PFC’s at its airport(s) of the FAA’s

approval. The charge effective date of

the PFC collection is the first day of a

month which is at least 60 days from the

date the public agency notifies the

carriers of approval to impose the PFC.

Air carriers collecting PFC’s are

required by section 158.51 to remit the

revenue collected to the appropriate

public agency on a monthly basis. PFC

revenue collected by the carrier shall be

remitted to the public agency no later

than the last day of the calendar month

following the month in which the PFC

was collected (or if that date falls on a

weekend or holiday, the first business

day thereafter).

Beginning in the year that PFC

revenues are first collected by air

carriers on behalf of a public agency,

such public agencies approved for PFC

collection are required by section

158.67(c) to provide an annual

independent audit of PFC revenue.

Auditors engaged to audit PFC programs

are required to ‘‘express an opinion of

the fairness and reasonableness of the

public agency’s procedures for

receiving, holding, and using PFC

revenue.’’ In addition, auditors must

report whether the quarterly reports

filed by the public agencies under

section 158.63(a) ‘‘fairly represent the

net transactions within the PFC

account.’’

The PFC audit can be performed

separately and specifically for the PFC

program or as part of an audit

conducted under the Single Audit Act

(as amended). This latter option allows

the examination of PFC revenues during

the performance of a Single Audit Act

audit, although PFC revenues are not

considered to be Federal financial

assistance as defined by OMB Circular

A–133 and the requirements of the A–

133 Compliance Supplement do not

apply to the PFC program. Due to

inconsistencies between the PFC

program and the requirements of A–133,

PFC revenues should be reported on a

separate schedule and findings and

questioned costs relating to PFC’s

should be called out separately. Only in

the case where a project is jointly

funded with Federal funds and PFC

revenues would the requirements of A–

133 also apply to an audit of PFC

revenues.

To facilitate the conduct of audits that

meet the requirements of the statute and

regulation, the FAA has prepared the

‘‘Passenger Facility Charge Audit Guide

for Public Agencies.’’ The procedures

contained in the guide for testing and

reporting on PFC’s received, held, and

used during the year are intended to

assist the auditor in meeting audit

requirements. This guide is not

intended to supplant the auditor’s

judgment of procedures to be

performed. The auditor should use

professional judgment to tailor the

procedures so that the audit objectives

are achieved. However, the auditor must

address all applicable compliance

requirements.

The guidance describes the receipt,

holding, use, and reporting

requirements of part 158. The suggested

format is similar to that used in the FAA

Airport Improvement Program

supplement to OMB Circular A–133 and

should appear familiar to auditors. The

use of this guide by auditors on behalf

of the public agencies will provide the

FAA, air carriers, and the public with an

acceptable level of assurance that the

public agency has followed regulatory

procedures or, through the audit

process, noted weaknesses in its

policies and procedures, and has or will

take corrective action to improve its

process.

Although the guide is not intended to

define the sold method of complying

with the audit requirements of section

158.67(c), the FAA has determined that

the use of procedures in this audit guide

by the auditors for a public agency will

provide sufficient assurance that the

public agency has met the requirements

of part 158 such that the FAA would not

normally require additional reports,

undertake an audit of the public agency,

or request Department of

Transportation, Office of the Inspector

General (DOT OIG), intervention on the

FAA’s behalf. This guidance shall not,

however, foreclose other FAA options

for responding to and enforcing correct

holding and use procedures. The FAA

expects public agencies to attain a

reasonable level of accuracy with regard

to PFC remittances.

Issued in Washington, DC on October 11,

2000.

Catherine M. Lang,

Director, Office of Airport Planning and

Programming.

[FR Doc. 00–26827 Filed 10–18–00; 8:45 am]

BILLING CODE 4910–13–M

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,

62796 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Notices

Massachusetts—New Implementation

Schedule and Technical Changes

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.

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Notices 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 highwayrail 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 highspeed 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.

62798 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Notices

‘‘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 onboard 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

Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Notices 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 § 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 onboard 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 § 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 NECSouth End, where access to any highspeed 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 prequalification tests, availability of onboard 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 prequalification and pre-service tests,

compliance with requirements of this

order for use of ACSES on the NECNorth 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

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 railroads

have 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 No. FRA–2000–7562]

Applicant: CSX Transportation,

Incorporated, Mr. E. G. Peterson,

Assistant Chief Engineer, Signal Design

and Construction, 4901 Belfort Road,

Suite 130 (S/C J–370), Jacksonville,

Florida 32256.

CSX Transportation Incorporated

seeks approval of the proposed

modification of the automatic block

signal system, on the main tracks, at

22nd Street, Chicago, Illinois, milepost

DC–29, Blue Island Subdivision,

Chicago Service Lane, consisting of the

discontinuance and removal of

automatic signals 44–S and 45–N.

The reason given for the proposed

changes is that with the retirement of

the Burlington Northern Santa Fe

Railway’s 26th railroad crossing at

grade, removal of the signals will

improve operating efficiency.

Any interested party desiring to

protest the granting of an application

shall set forth specifically the grounds

upon which the protest is made, and

contain a concise statement of the

interest of the Protestant in the

proceeding. Additionally, one copy of

the protest shall be furnished to the

applicant at the address listed above.

All communications concerning this

proceeding should be identified by the

docket number and must be submitted

to the Docket Clerk, DOT Central Docket

Management Facility, Room PI–401,

Washington, D.C. 20590–0001.

Communications received within 45

days of the date of this notice will be

considered by the 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 (9:00 a.m.–5:00 p.m.) at

DOT Central Docket Management

Facility, Room PI–401 (Plaza Level), 400

Seventh Street, S.W., Washington, D.C.

20590–0001. All documents in the