34512 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Notices

All communications concerning these

proceedings should identify the

appropriate docket number (e.g., Waiver

Petition Docket Number FRA–2001–

9487) and must be submitted to the

Docket Clerk, DOT Central Docket

Management Facility, Room Pl-401,

Washington, DC 20590–0001.

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://dms.dot.gov.

Issued in Washington, DC on June 21,

2001.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety

Standards and Program Development.

[FR Doc. 01–16279 Filed 6–27–01; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2001–9972; Formerly FRA

Docket No. 87–2; Notice No. 11]

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—Extended and

Amended Massachusetts Bay Transit

Authority (MBTA) Temporary Operating

Protocols and New CSX Transportation

(CSXT) Temporary Operating Protocols.

SUMMARY: FRA amends its Order of

Particular Applicability 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)

system by setting a new compliance

date for the Order. An exception

previously granted to MBTA for use of

unequipped and failed locomotives will

be extended until February 1, 2002; and

a similar exception will be extended to

CSXT freight trains through September

16, 2001. This action is necessitated by

delays in equipping of trains and

finalization of software modifications

that will support more efficient

operations. The amendments also

specify temporary operating protocols to

minimize the impact of ACSES on

MBTA and CSXT service during the

initial implementation of ACSES on the

NEC-North End.

DATES: The amendments to the Order

are effective June 28, 2001.

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 20590

((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 20590 ((202) 493–

6258); or Patricia V. Sun, Office of Chief

Counsel, Mail Stop 10, 1120 Vermont

Avenue, NW., Washington, DC 20590

((202) 493–6038).

FRA will file the July 22, 1998 Order

of Applicability and its subsequent

amendments (formerly Docket 87–2,

Notices 7–10; respectively 63 FR 39343,

July 22, 1998; 64 FR 54410, October 6,

1999; 65 FR 62795, October 19, 2000;

and 66 FR 1718, January 9, 2001) in

DOT’s new electronic docket system.

This new system allows the public

access through the internet to all

documents filed in a particular

proceeding. Docket No. 2001–9972 may

be accessed through the Department of

Transportation’s Docket Management

System website at http://dms.dot.gov.

For instructions on how to use this

system, visit the Docket Management

System Web Site and click on the

‘‘Help’’ menu. This docket is also

available for inspection or copying at

room PL–401 on the plaza level of the

Nassif Building at the U.S. Department

of Transportation, 400 7th Street, SW.,

Washington, DC 20590–0001, during

regular business hours.

SUPPLEMENTARY INFORMATION: The Order

of Particular Applicability, 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 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 three later notices,

FRA amended the Order to reset the

implementation schedule and make

technical changes. 64 FR 54410, October

6, 1999; 65 FR 62795, October 19, 2000;

and 66 FR 1718, January 9, 2001.

MBTA and CSXT Temporary Operating

Protocols

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. All affected

parties have been notified. The

temporary protocols specified below

will provide a safe, operationally sound

transition to full ACSES implementation

on MBTA and CSXT territory while

minimizing the impact on MBTA and

CSXT service.

FRA is not reopening the comment

period since these technical changes

will be effective only until February 1,

2002 for MBTA, and September 16,

2001 for CSXT. Immediate action is

necessary to avoid disruption of rail

service. Under these circumstances,

delaying the effective date of these

amendments to allow for notice and

comment would be impracticable,

unnecessary, and contrary to the public

interest. FRA will continue to monitor

the progress of MBTA and CSXT

towards equipping and maintaining

sufficient units to run all trains with

operative ACSES and will determine

later if any further relief is needed.

FRA expects MBTA and CSXT to

make every effort to run ACSESequipped trains during the period that

these protocols are in effect; this

additional time should be sufficient for

MBTA and CSXT to complete

implementation of ACSES. However, if

MBTA and CSXT cannot dispatch a

train equipped with ACSES, they may

revert to the train control methods and

maximum operating speeds in effect

prior to the effective date of this Order.

The more restrictive conditions will

apply to all trains in the affected

territory (New Haven, Connecticut to

Canton Junction, Massachusetts).

Amtrak (as the contractor for

commuter rail service on MBTA) must

make periodic reports on MBTA’s

implementation process in an agreedupon format to FRA; Amtrak and CSXT

must also make such reports on CSXT’s

implementation process (since these

reports will come from only two

entities, no analysis of the paperwork

burden is necessary) for the duration of

Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Notices 34513

their respective periods of relief from

the original terms of the order.

Amtrak and MBTA must determine

the cause(s) of any equipment failure

and remedy the cause as soon as

practicable without delaying or

disrupting rail passenger service. If

necessary, determining the cause of the

failure must include downloading data

in the on-board memory unit and

reviewing it to determine the sequence

of events and the nature of the fault.

Amtrak may not cut over to ACSES

implementation from Milepost 214.0,

Canton Junction, Massachusetts to

Milepost 228.0, Cove, Massachusetts,

until the Regional Administrator for

Region 1 of FRA’s Office of Safety has

determined that appropriate

preparations have been made to support

application of the Order to that territory.

Operation under ACSES in this territory

will require equipping of additional

MBTA locomotives (including cab

control cars) to avoid negative impacts

on equipment availability. Amtrak and

MBTA are working together to complete

equipping of the MBTA fleet.

During the relief period, CSXT will

test new Amtrak operational software on

three CSXT ACSES-equipped

locomotives. CSXT will then monitor

the performance of these locomotives

for mechanical and operational

problems. After the software has been

approved, CSXT will install it on the

remaining CSXT locomotives.

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. Paragraph 11 is amended as

follows:

11. Massachusetts Bay Transit

Authority (MBTA) Temporary Operating

Protocols.

(a) Effective upon June 28, 2001 until

February 1, 2002, Amtrak must adhere

to the following procedures if it

becomes necessary to dispatch an

MBTA train from its initial terminal

with inoperative onboard ACSES

equipment:

(1) The train dispatcher must verbally

authorize the movement;

(2) The train dispatcher must issue a

temporary speed restriction to limit the

speed of high speed trains (Amtrak

trains hauled by electric locomotives or

electric power cars) to 110 miles per

hour (mph) in the ACSES territory

where the MBTA train with inoperative

ACSES equipment will operate; and

(3) Once the MBTA train with

inoperative ACSES equipment is

verified to have cleared the ACSES

territory, the train dispatcher may

cancel the 110 mph speed restriction.

(b) The procedures set forth in

subparagraph (a) of this paragraph must

also be followed if it becomes necessary

to dispatch an MBTA train from its

initial terminal with a locomotive or

control car that is not equipped with

onboard ACSES equipment, if no

ACSES-equipped MBTA locomotive or

control car is available.

(c) Amtrak must promptly notify the

regional headquarters office for Region 1

of FRA’s Office of Safety of any

invocations of this protocol. Included in

the notification must be the date, time,

and location of the incident, and the

reason for invoking the protocol.

(d) Amtrak and MBTA shall

determine the cause(s) of any equipment

failure and remedy the cause as soon as

practicable without delaying or

disrupting rail passenger service.

(e) Amtrak shall make periodic

reports on the implementation process

in an agreed-upon format to the FRA.

(f) Amtrak shall not place ACSES in

service from Milepost 214.0, Canton

Junction, Massachusetts, to Milepost

228.0, Cove, Massachusetts, until it has

been determined that appropriate

preparations have been made to support

application of the Order to that territory.

This determination will be made by the

Regional Administrator for Region 1 of

FRA’s Office of Safety.

3. Paragraph 12 is added to read as

follows:

12. CSX Transportation (CSXT)

Temporary Operating Protocols.

(a) Effective upon June 28, 2001 until

September 16, 2001, CSXT must adhere

to the following protocols if it becomes

necessary to dispatch a CSXT train from

its initial terminal with inoperative

onboard ACSES equipment:

(1) The train dispatcher must verbally

authorize the movement; and

(2) The train dispatcher must issue a

temporary speed restriction to limit the

speed of high speed trains (Amtrak

trains hauled by electric locomotives or

electric power cars) to 110 mph in the

ACSES territory where the CSXT train

without operative ACSES equipment

will operate.

(3) Once the CSXT train without

operative ACSES equipment is verified

to have cleared the ACSES territory, the

train dispatcher may cancel the 110

mph speed restriction.

(b) Amtrak and CSXT shall make

periodic reports on the implementation

process in an agreed-upon format to the

FRA.

Issued in Washington, DC on June 25,

2001.

S. Mark Lindsey,

Acting Deputy Administrator.

[FR Doc. 01–16281 Filed 6–27–01; 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

Requirements

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–2001–9841

Applicants: NJ Transit Rail

Operations, Inc., Mr. William R. Knapp,

Vice President and General ManagerRail, One Penn Plaza East, Newark, New

Jersey 07105–2246; Norfolk Southern

Corporation, Mr. Tony L. Ingram, Vice

President—Transportation, 185 Spring

Street, SW, Atlanta, Georgia 30303.

NJ Transit Rail Operations,

Incorporated (NJ TRANSIT) and Norfolk

Southern Corporation (NS) seek relief

from the requirements of Part 236

Section 236.566, of the Rules, Standards

and Instructions, to the extent that NJ

Transit and NS be permitted to operate

non-equipped freight and work train

locomotives in Advanced Speed

Enforcement System (ASES) train

control territory.

NJ Transit is installing ASES to

enhance safety on its entire property

beginning with the Pascack Valley Line,

on the single main track from Pascack

Jct., milepost 7.7 to Woodbine Yard,

milepost 31.1, on the Hoboken Division.

Applicant’s justification for relief: An

initial incremental installation of ASES

is planned for passenger trains only,

while software development,

verification, and validation proceed on

the more complex functionality required

for full implementation of freight and

work train modes, as well as,

interoperability with Amtrak’s

Advanced Civil Speed Enforcement

System which is currently being

installed on Amtrak’s Northeast

Corridor. All trains operating in the

territory where Cab Signal System rules

are in effect will continue to be

equipped with operational cab signals.

Passenger trains will be equipped with