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

34514 Federal Register / Vol. 66, No. 125 / Thursday, June 28, 2001 / Notices

the first-generation ASES. Freight and

work trains operating rules will not be

altered; they will not be permitted on

the main track during hours when

passenger operations are scheduled.

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 party 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 a.m.–5 p.m.) at DOT

Central Docket Management Facility,

Room PI–401 (Plaza Level), 400 Seventh

Street, SW., Washington, DC 20590–

0001. 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.

FRA expects to be able to determine

these matters without an oral hearing.

However, if a specific request for an oral

hearing is accompanied by a showing

that the party is unable to adequately

present his or her position by written

statements, an application may be set

for public hearing.

Issued in Washington, DC on June 21,

2001.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety

Standards and Program Development.

[FR Doc. 01–16280 Filed 6–27–01; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number: MARAD–2001–9994]

Requested Administrative Waiver of

the Coastwise Trade Laws

AGENCY: Maritime Administration,

Department of Transportation.

ACTION: Invitation for public comments

on a requested administrative waiver of

the Coastwise Trade Laws for the vessel

WINDSHEAR.

SUMMARY: As authorized by Public Law

105–383, the Secretary of

Transportation, as represented by the

Maritime Administration (MARAD), is

authorized to grant waivers of the U.S.-

build requirement of the coastwise laws

under certain circumstances. A request

for such a waiver has been received by

MARAD. The vessel, and a description

of the proposed service, is listed below.

Interested parties may comment on the

effect this action may have on U.S.

vessel builders or businesses in the U.S.

that use U.S.-flag vessels. If MARAD

determines that in accordance with Pub.

L. 105–383 and MARAD’s regulations at

46 CFR part 388 (65 FR 6905; February

11, 2000) that the issuance of the waiver

will have an unduly adverse effect on a

U.S.-vessel builder or a business that

uses U.S.-flag vessels, a waiver will not

be granted.

DATES: Submit comments on or before

July 30, 2001.

ADDRESSES: Comments should refer to

docket number MARAD–2001–9994.

Written comments may be submitted by

hand or by mail to the Docket Clerk,

U.S. DOT Dockets, Room PL–401,

Department of Transportation, 400 7th

St., SW., Washington, D.C. 20590–0001.

You may also send comments

electronically via the Internet at http://

dmses.dot.gov/submit/. All comments

will become part of this docket and will

be available for inspection and copying

at the above address between 10 a.m.

and 5 p.m., E.T., Monday through

Friday, except federal holidays. An

electronic version of this document and

all documents entered into this docket

is available on the World Wide Web at

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Kathleen Dunn, U.S. Department of

Transportation, Maritime

Administration, MAR–832 Room 7201,

400 Seventh Street, S.W., Washington,

DC 20590. Telephone 202–366–2307.

SUPPLEMENTARY INFORMATION: Title V of

Public Law 105–383 provides authority

to the Secretary of Transportation to

administratively waive the U.S.-build

requirements of the Jones Act, and other

statutes, for small commercial passenger

vessels (no more than 12 passengers).

This authority has been delegated to the

Maritime Administration per 49 CFR

1.66, Delegations to the Maritime

Administrator, as amended. By this

notice, MARAD is publishing

information on a vessel for which a

request for a U.S.-build waiver has been

received, and for which MARAD

requests comments from interested

parties. Comments should refer to the

docket number of this notice and the

vessel name in order for MARAD to

properly consider the comments.

Comments should also state the

commenter’s interest in the waiver

application, and address the waiver

criteria given in § 388.4 of MARAD’S

regulations at 46 CFR part 388.

Vessel Proposed for Waiver of the U.S.-

Build Requirement

(1) Name of vessel and owner for

which waiver is requested. Name of

vessel: WINDSHEAR. Owner: Sam J.

Davidson.

(2) Size, capacity and tonnage of

vessel. According to the applicant:

‘‘Hans Christian 41T, 41′ LOD, 51′ LOA,

13.0 Breadth, 9.2 Depth, 24 Gross

Tons.’’

(3) Intended use for vessel, including

geographic region of intended operation

and trade. According to the applicant:

‘‘Day and evening sailboat charters, 1⁄2

or full 8 hour days, sunset cruises, in

Pensacola Bay, and 50 miles east and

west into the Gulf of Mexico. This

would restrict my use of Mobile Bay,

and limit my use of Choctawhatchee

Bay in the Destin Area, as I cannot get

under the 50′ bridge clearance at Destin,

Florida. I cannot travel east in the

Intercoastal Waterway past Navarre

Beach, Florida, due to the 50′ bridge

height; and Mobile Bay is more than 50

miles from Pensacola. I would like to be

able to charter a two week trip to Key

West, if some one wanted to take an

extended trip of that nature from

Pensacola, Florida.’’

(4) Date and Place of construction and

(if applicable) rebuilding. Date of

construction: 1986. Place of

construction: Taipei, Taiwan, Republic

of China.

(5) A statement on the impact this

waiver will have on other commercial

passenger vessel operators. According to

the applicant: ‘‘In the Pensacola Area,

the listings of boat charters include 15

fishing charters, 54 scuba charter, 1

airboat charter, and 2 pontoon &

catamaran charters. One sailboat charter

is listed in Perdido Bay, Alabama. The

sailboat charter I purpose would be the

only 41 foot sailboat in the Pensacola

Bay area, as best as I can determine.

Being able to charter my sailboat would

have no impact on the Pensacola Bay

and Gulf of Mexico area, as to the other

charters listed.’’

6) A statement on the impact this

waiver will have on U.S. shipyards.

According to the applicant: ‘‘The only

two shipyards listed in Pensacola Bay

area are Patti Shipyards, which builds

shrimp boats, U.S. Coast Guard Vessels,

and Paddlewheel Riverboats, and

Charter Marine Industrial Services

reworks ships at the Pensacola Navy

base. Four other boat builders are listed,