
[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Pages 8238-8239]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02865]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0128]


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), this document provides the public notice that by a document 
dated October 9, 2013, the National Railroad Passenger Corporation 
(Amtrak) has petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained at 49 CFR chapter II, subtitle B . The 
request was assigned Docket Number FRA-2013-0128.
    Amtrak would like to increase Acela trainset maximum authorized 
speeds (MAS) on its Northeast Corridor (NEC) in limited locations (in 
Rhode Island from Kingston Milepost 154.3 to Warwick Milepost 171.7) 
from 150 mph to 160 mph. As part of this gradual process to safely 
increase Acela speeds, Amtrak is requesting permission from FRA to 
permanently waive certain provisions of 49 CFR Chapter II, Subtitle B, 
particularly the provisions of the Advanced Civil Speed Enforcement 
System (ACSES) Final Order of Particular Applicability, which was 
issued on July 22, 1998 [FRA Docket No. 87-2, Notice No.7], for this 
single location.
    In 1998, FRA issued an Order of Particular Applicability requiring 
all trains operating on the NEC between New Haven, CT, and Boston, MA 
(NEC-North End), to be equipped to respond to Amtrak's ACSES as a 
supplement to its Automatic Train Control (ATC) system. In response, 
Amtrak installed a system designed to enforce civil speed restrictions, 
both permanent and temporary, and to enforce a positive stop at 
interlocking home signals. This system was installed and placed in 
service beginning in 2000 with the startup of premium Acela service. At 
the same time that ACSES was installed, additional cab signal codes and 
aspects were provided to support higher speed operations for civil 
speed enforcement. The combination of ACSES and the existing ATC 
system, supported by the underlying traffic control system, provided 
the core requirements of a Positive Train Control system. The ATC 
system enforces all speeds associated with the signal system preventing 
train-to-train collisions (49 CFR 236.1005(a)(1)(i)), and the ACSES 
system prevents trains from passing stop signals at interlocking home 
signals. ACSES enforces all permanent civil speed restrictions and 
temporary restrictions (slow orders), thereby preventing overspeed 
derailments (49 CFR 236.1005(a)(1)(ii)). With time, improvements have 
been made to the initial ACSES configuration to expedite train 
movements at home signals and obviate the need for placement of 
temporary transponders. The current configuration of this technology is 
known as ACSES II.
    As part of its risk and hazard assessment, Amtrak recognizes that 
the safety of the signal and train control system must be established. 
ACSES and Amtrak's nine-aspect cab signal/ATC system are presently 
configured to enforce relevant signals, as well as permanent and 
temporary speed restrictions, by equipment class. Modifications to the 
transponder database will be required and existing transponders will be 
reprogrammed through the affected area. It will be necessary to 
demonstrate that both systems function as intended through testing 
designed to validate and verify the modifications. This includes 
reading transponders and receiving cab signal code at the higher 
speeds. Furthermore, analysis and testing will be required to associate 
stopping distances from MAS with existing signal spacing based on all 
relevant factors. Amtrak will initially seek to gain approval of a test 
plan for this activity under 49 CFR 236.1035.

[[Page 8239]]

When the test plan has been successfully completed, Amtrak will make 
the necessary filings under 49 CFR Part 263 (Subpart I) to obtain 
safety certification of the newly configured system. Amtrak assumes 
that successful completion of this work will be a condition on any 
relief provided under this request becoming effective.
    This initial step of modifying the provisions of the ACSES Final 
Order of Particular Applicability will allow Amtrak the ability to 
collect relevant real-time data as it demonstrates that its Acela 
operation at a MAS of 160 mph is safe and viable. Amtrak is hoping that 
increased MAS for Acela service will make better use of limited 
resources while reducing trip times for NEC riders and will help to 
build ridership and market share.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2013-0128) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by March 28, 2014 will be considered by FRA 
before final action is taken. Comments received after that date will be 
considered as far as practicable.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the comment (or signing the document, 
if submitted on behalf of an association, business, labor union, etc.). 
See http://www.regulations.gov/#!privacyNotice for the privacy notice 
of regulations.gov or interested parties may review DOT's complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-02865 Filed 2-10-14; 8:45 am]
BILLING CODE 4910-06-P


