80 FR 10208 - Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10208-10209]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03763]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Numbers FRA-2014-0124 and 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 November 18, 2014, the National Railroad Passenger Corporation 
(Amtrak) petitioned the Federal Railroad Administration (FRA) for a 
waiver of compliance from certain provisions of the Federal railroad 
safety regulations contained in 49 CFR, governing the operation of 
passenger trains on the Northeast Corridor (NEC). Relief was also 
requested from speed limitations imposed by the Order of Particular 
Applicability for the Advanced Civil Speed Enforcement System (ACSES) 
Order. [FRA Docket No. 87-2, Notice No. 7; 63 FR 39343; July 28, 1998]. 
FRA assigned the petition Docket Number FRA-2014-0124.
    Amtrak's petition incorporated by reference a prior request for 
relief in Docket Number FRA-2013-0128 (see 79 FR 8238; Feb. 11, 2014). 
Accordingly, additional comments may be submitted regarding the 
petition in Docket Number FRA-2013-0128 as well as on the new petition 
in FRA-2014-0124.
    The Amtrak petitions address two distinct requests. First, both 
petitions request permission to operate existing Acela trainsets, built 
in compliance with the specific requirements for Tier II equipment 
under 49 CFR part 238 subpart E, at speeds up to 160 miles per hour 
(mph) in three speed zones where track conditions can support higher 
speeds than currently operated. As discussed above, Amtrak's earlier 
petition in Docket Number FRA-2013-0128 proposed the same speed 
increase for a segment of track in Rhode Island, milepost (MP) AB 154.3 
to MP AB 171.7.
    The new petition in Docket Number FRA-2014-0124 adds a request for 
a 160 mph speed zone in Massachusetts (MP AB 194 to MP AB 204) and--
subject to completion of certain infrastructure improvements--a 160 mph 
speed zone in New Jersey (MP AN 33 to MP AB 55.5).
    In summary, Amtrak seeks a waiver of provisions in the ACSES Order 
and the 150 mph limitation for Tier II equipment in the Passenger 
Equipment Safety Standards to permit operation up to 160 mph in each of 
these discrete zones. Amtrak does not seek to use the existing Acela 
trainsets at speeds higher than presently authorized elsewhere on the 
NEC. Amtrak notes that increasing speeds in the subject zones would be 
subject to special approvals qualifying the existing Acela Tier II 
trainsets at the higher speed under 49 CFR part 213, Track Safety 
Standards, and regulations governing Positive Train Control, such as 49 
CFR part 236, Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of Signal and Train 
Control Systems, Devices, and Appliances. With FRA oversight, Amtrak 
has been conducting tests that, although not yet concluded, are 
intended by Amtrak to support qualification of the existing trainsets 
and train control system for 160 mph operation. Successful completion 
of these processes would be necessary for Amtrak to use any relief 
related to the Acela service that might be granted in this proceeding.
    Secondly, in Docket Number FRA-2014-0124, Amtrak requests approval 
to operate, on the ``spine'' of the NEC between Washington, DC and 
Boston, new trainsets that would be built to ``Tier III'' standards 
proposed by the second Engineering Task Force (ETF) of the Passenger 
Safety Working Group of the Railroad Safety Advisory Committee (RSAC). 
Those standards were accepted by the full RSAC on June 14, 2013, (see 
``ETF_001-02--Proposed Ruletext for NPRM 1.docx,'' available on the 
RSAC Web site at https://rsac.fra.dot.gov/meetings/20130614.php.). 
Minutes of the June 14, 2013, RSAC meeting are available at https://rsac.fra.dot.gov/meetings/20131031.php.

[[Page 10209]]

    Amtrak proposes to use Tier III equipment on the NEC at speeds up 
to 160 mph (rather than the 220 mph maximum contemplated for Tier III 
equipment operating on dedicated right-of-way). In support of this 
request, Amtrak has submitted a review of NEC operating experience that 
Amtrak represents as demonstrating a high level of safety, supported by 
compliance with FRA safety regulations and existing risk mitigations 
undertaken as voluntary measures. Amtrak notes that Tier III trainsets 
would be operated at greater than Tier I speeds (i.e., above 125 mph) 
only on the fully grade-separated portions of the NEC in designated 
high-speed zones.
    In further support of its Tier III request, Amtrak has submitted 
the report of a semi-quantitative risk assessment and a description of 
specific safety mitigations designed to compensate for the differences 
in crashworthiness between equipment built to Tier II and Tier III 
standards. Amtrak asserts that, with the existing and proposed 
mitigations, Tier III equipment can be operated at a level of safety 
equivalent to, or better than, operations with Tier II equipment. 
Amtrak's petition and exhibits are available for reference in Docket 
Number FRA-2014-0124.
    Amtrak asserts that all of the relief requested is consistent with 
safety and in the public interest.
    Copies of the petitions, as well as any written communications 
concerning the petitions, are available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. If any interested party 
desires an opportunity for oral comment and a public hearing, 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 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 April 13, 2015 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.). 
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. 
See also http://www.regulations.gov/#!privacyNotice for the privacy 
notice of regulations.gov.

    Issued in Washington, DC, on February 19, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-03763 Filed 2-24-15; 8:45 am]
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