[Federal Register Volume 66, Number 232 (Monday, December 3, 2001)]
[Notices]
[Pages 60240-60241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29882]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance with certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Association of American Railroads

[Docket Number FRA-2001-10654]

    The Association of American Railroads (AAR) has petitioned, on 
behalf of its member railroads, for a permanent waiver of compliance 
from the requirements of the 49 CFR Federal Track Safety Standards part 
213.143, Frog Guard Rails and Guard Faces; Gage. This requirement 
prescribes a minimum and maximum value for guard check and guard face 
gages, respectively. Guard check gage is the distance between the gage 
line of a frog and the guard line of its guard rail or guarding face. 
Allowable minimum guard check dimensions vary with track 
classification, i.e., train speed. FRA minimum safety standards permit 
a variation of 4-feet 6 \1/8\-inches in Class 1 track, 4-feet 6 \1/4\-
inches in Class 2 track, 4-feet 6 \3/8\-inches in Class 3 and 4 track, 
and 4-feet 6 \1/2\-inches in Class 5 and above track.
    The AAR petition seeks relief from the guard check requirements for 
Class 5 track for a particular type of frog design called a ``heavy-
point'' frog. The AAR seeks a waiver for its member railroads 
permitting application of the minimum guard check for Class 3 and 4 
track to Class 5 track when through gage plates are used to control the 
movement of a ``heavy-point'' frog relative to its guard rails.
    The heavy-point frog is a unique design, which has a thicker frog 
point. The AAR states that it offers safety benefits over a traditional 
frog because there is more insert mass to reduce metal fatigue from 
impact loading,

[[Page 60241]]

greater durability, reduced susceptibility to point rollover, and 
better ability to guide the wheel flange toward the proper flangeway. 
Heavy-point frog insert design characteristics gradually widen to \31/
32\-inch (0.9688) overall, resulting in the heavy-point frog insert 
point being thicker at the actual \5/8\-inch (0.6250) frog point gage 
lines. The gage line is actually \11/32\ (0.3438) thicker than a 
traditional \5/8\-inch (0.6250) RBM frog point. Heavy-point frogs 
reduce standard guard check distance from 4-feet 6\5/8\ (54.6250) 
inches to 4-feet 6\29/64\ inches (54.4531) which does not comply with 
minimum safety standards for Class 5 track.
    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-
2001-10654) and must be submitted in triplicate 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 (9:00 a.m.--5:00 p.m.) at 
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 November 27, 2001.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 01-29882 Filed 11-30-01; 8:45 am]
BILLING CODE 4910-06-P