[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Notices]
[Page 58615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23270]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2001-10654]


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 July 26, 2012, the Association of American Railroads (AAR) has 
petitioned the Federal Railroad Administration (FRA) for an extension 
and amendment of an existing waiver of compliance from certain 
provisions of the Federal railroad safety regulations contained at 49 
CFR 213.143 and 213.355. FRA assigned the petition Docket Number FRA-
2001-10654.
    The existing waiver was originally granted on April 22, 2003, and 
was extended by a letter dated February 25, 2008. The current waiver 
expires on February 1, 2013. AAR is petitioning for an additional 
extension of the waiver. The waiver permits the operation of trains at 
Class 5 speeds over ``heavy-point'' frog designs conforming to the 
standards for Class 4 track frogs guard check and face gage dimensions.
    The heavy-point frog is a unique design, which has a thicker frog 
point. As proposed in the original waiver petition, AAR states that it 
offers safety benefits over a traditional frog because there is more 
mass to reduce metal fatigue from impact loading, 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\ (0.9688) inches 
overall, resulting in the heavy-point frog insert point being thicker 
at the actual \5/8\ (0.6250)-inch frog point gage lines. The gage line 
is actually \11/32\ (0.3438) inches thicker than a traditional \5/8\ 
(0.6250)-inch rail bound manganese frog point. Heavy-point frogs reduce 
the standard guard check distance from 4 feet and 6[frac58] inches 
(54.6250 inches) to 4 feet 6\29\/64 inches (54.4531 inches), 
which does not comply with minimum safety standards for Class 5 track.
    AAR also seeks approval for the operation of trains at Class 6 
speeds over heavy-point frog designs with guard check gages conforming 
to the standards for Class 4 track frogs guard check and face gage 
dimensions. AAR states that waiver denial would adversely affect 
proposed high-speed operations that have numerous existing heavy-point 
frog installations. AAR claims that since the requirements are the same 
for Class 5 and Class 6 (49 CFR 213.143 and 213.355), the waiver should 
be extended to Class 6.
    A copy of the petition, as well as any written communications 
concerning the petition, is 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. 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 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 October 22, 2012 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 comment, 
if submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70; Pages 
19477-78), or online at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 17, 2012.
Ron Hynes,
Director, Office of Safety Assurance and Compliance.
[FR Doc. 2012-23270 Filed 9-20-12; 8:45 am]
BILLING CODE 4910-06-P