Reverse elevation on curves may not     \1/2\    \1/2\    \1/2\    \1/2\
 be more than.......................
The difference in crosslevel between   1\1/2\   1\1/2\   1\1/4\        1
 any two points less than 62 feet
 apart may not be more than \3\.....
On curved track, the difference in     1\1/4\   1\1/8\        1    \3/4\
 crosslevel between any two points
 less than 10 feet apart (short
 warp) may not be more than.........
------------------------------------------------------------------------
\1\ Uniformity for profile is established by placing the midpoint of the
  specified chord at the point of maximum measurement.
\2\ If physical conditions do not permit a spiral long enough to
  accommodate the minimum length of runoff, part of the runoff may be on
  tangent track.
\3\ However, to control harmonics on jointed track with staggered
  joints, the crosslevel differences shall not exceed 1 inch in all of
  six consecutive pairs of joints, as created by seven low joints. Track
  with joints staggered less than 10 feet apart shall not be considered
  as having staggered joints. Joints within the seven low joints outside
  of the regular joint spacing shall not be considered as joints for
  purposes of this footnote.

    (b) For operations at a qualified cant deficiency, Eu,
of more than 5 inches, a single deviation in track surface shall be
within the limits prescribed in the following table:

------------------------------------------------------------------------
                                                Class of track
       Track surface (inches)        -----------------------------------
                                         6        7        8        9
------------------------------------------------------------------------
The difference in crosslevel between   1\1/4\        1     1\1\    \3/4\
 any two points less than 10 feet
 apart (short warp) may not be more
 than...............................
The deviation from uniform profile     1\1/2\   1\1/4\   1\1/4\        1
 on either rail at the mid-ordinate
 of a 124-foot chord may not be more
 than...............................
------------------------------------------------------------------------
\1\ For curves with a qualified cant deficiency, Eu, of more than 7
  inches, the difference in crosslevel between any two points less than
  10 feet apart (short warp) may not be more than three-quarters of an
  inch.

    (c) For three or more non-overlapping deviations in track surface
occurring within a distance equal to five times the specified chord
length, each of which exceeds the limits in the following table, each
track owner shall maintain the surface of the track within the limits
prescribed for each deviation:

------------------------------------------------------------------------
                                                Class of track
       Track surface (inches)        -----------------------------------
                                         6        7        8        9
------------------------------------------------------------------------
The deviation from uniform profile      \3/4\    \3/4\    \1/2\    \3/8\
 on either rail at the mid-ordinate
 of a 31-foot chord may not be more
 than...............................
The deviation from uniform profile      \3/4\    \3/4\    \3/4\    \1/2\
 on either rail at the mid-ordinate
 of a 62-foot chord may not be more
 than...............................
The deviation from uniform profile     1\1/4\        1    \7/8\    \5/8\
 on either rail at the mid-ordinate
 of a 124-foot chord may not be more
 than...............................
------------------------------------------------------------------------

0
18. Section 213.332 is added to read as follows:

Sec.  213.332  Combined track alinement and surface deviations.

    (a) This section applies to any curved track where operations are
conducted at a qualified cant deficiency, Eu, greater than 5
inches, and to all Class 9 track, either curved or tangent.
    (b) For the conditions defined in paragraph (a) of this section,
the combination of alinement and surface deviations for the same chord
length on the outside rail in a curve and on any of the two rails of a
tangent section, as measured by a TGMS, shall comply with the following
formula:
[GRAPHIC] [TIFF OMITTED] TR13MR13.013

Where--

Am = measured alinement deviation from uniformity
(outward is positive, inward is negative).
AL = allowable alinement limit as per Sec.  213.327(c)
(always positive) for the class of track.
Sm = measured profile deviation from uniformity (down is
positive, up is negative).
SL = allowable profile limit as per Sec.  213.331(a) and
Sec.  213.331(b) (always positive) for the class of track.
[GRAPHIC] [TIFF OMITTED] TR13MR13.014

0
19. Section 213.333 is amended by revising the section heading,
paragraphs (a), (b)(1) and (2), and (c), paragraph (g) introductory
text, paragraphs (h) through (m), and the Vehicle/Track Interaction
Safety Limits table to read as follows:

Sec.  213.333  Automated vehicle-based inspection systems.

    (a) A qualifying Track Geometry Measurement System (TGMS) shall be
operated at the following frequency:
    (1) For operations at a qualified cant deficiency, Eu,
of more than 5 inches on track Classes 1 through 5, at least twice per
calendar year with not less than 120 days between inspections.
    (2) For track Class 6, at least once per calendar year with not
less than 170 days between inspections. For operations at a qualified
cant deficiency, Eu, of more than 5 inches on track Class 6,
at least twice per calendar year with not less than 120 days between
inspections.
    (3) For track Class 7, at least twice within any 120-day period
with not less than 25 days between inspections.
    (4) For track Classes 8 and 9, at least twice within any 60-day
period with not less than 12 days between inspections.
    (b) * * *
    (1) Track geometry measurements shall be taken no more than 3 feet
away from the contact point of wheels carrying a vertical load of no
less than 10 kips per wheel, unless otherwise approved by FRA;
    (2) Track geometry measurements shall be taken and recorded on a
distance-based sampling interval preferably at 1 foot not exceeding 2
feet; and
* * * * *
    (c) A qualifying TGMS shall be capable of measuring and processing
the necessary track geometry parameters to determine compliance with--
    (1) For operations at a qualified cant deficiency, Eu,
of more than 5 inches on track Classes 1 through 5: Sec.  213.53, Track
gage; Sec.  213.55(b), Track alinement; Sec.  213.57, Curves; elevation
and speed limitations; Sec.  213.63, Track surface; and Sec.  213.65,
Combined track alinement and surface deviations.
    (2) For track Classes 6 through 9: Sec.  213.323, Track gage; Sec.
213.327, Track alinement; Sec.  213.329, Curves; elevation and speed
limitations; Sec.  213.331, Track surface; and for operations at a cant
deficiency of more than 5 inches Sec.  213.332, Combined track
alinement and surface deviations.
* * * * *
    (g) The track owner or railroad shall maintain for a period of one
year following an inspection performed by a qualifying TGMS, a copy of
the plot and the exception report for the track segment involved, and
additional records which:
* * * * *
    (h) For track Classes 8 and 9, a qualifying Gage Restraint
Measurement System (GRMS) shall be operated at least once per calendar
year with at least 170 days between inspections. The lateral capacity
of the track structure shall not permit a Gage Widening Projection
(GWP) greater than 0.5 inch.
    (i) A GRMS shall meet or exceed minimum design requirements
specifying that--
    (1) Gage restraint shall be measured between the heads of the rail:
    (i) At an interval not exceeding 16 inches;
    (ii) Under an applied vertical load of no less than 10 kips per
rail; and
    (iii) Under an applied lateral load that provides a lateral/
vertical load ratio of between 0.5 and 1.25,\10\ and a load severity
greater than 3 kips but less than 8 kips per rail. Load severity is
defined by the formula:

    \10\ GRMS equipment using load combinations developing L/V
ratios that exceed 0.8 shall be operated with caution to protect
against the risk of wheel climb by the test wheelset.
---------------------------------------------------------------------------

S = L-cV

Where--

S = Load severity, defined as the lateral load applied to the
fastener system (kips).
L = Actual lateral load applied (kips).
c = Coefficient of friction between rail/tie, which is assigned a
nominal value of 0.4.
V = Actual vertical load applied (kips), or static vertical wheel
load if vertical load is not measured.

    (2) The measured gage and load values shall be converted to a GWP
as follows:
[GRAPHIC] [TIFF OMITTED] TR13MR13.015

Where--

UTG = Unloaded track gage measured by the GRMS vehicle at a point no
less than 10 feet from any lateral or vertical load application.
LTG = Loaded track gage measured by the GRMS vehicle at a point no
more than 12 inches from the lateral load application.
L = Actual lateral load applied (kips).
V = Actual vertical load applied (kips), or static vertical wheel
load if vertical load is not measured.
GWP = Gage Widening Projection, which means the measured gage
widening, which is the difference between loaded and unloaded gage,
at the applied loads, projected to reference loads of 16 kips of
lateral force and 33 kips of vertical force.

    (j) As further specified for the combination of track class, cant
deficiencies, and vehicles subject to paragraphs (j)(1) through (3) of
this section, a vehicle having dynamic response characteristics that
are representative of other vehicles assigned to the service shall be
operated over the route at the revenue speed profile. The vehicle shall
either be instrumented or equipped with a portable device that monitors
onboard instrumentation on trains. Track personnel shall be notified
when onboard accelerometers indicate a possible track-related problem.
Testing shall be conducted at the frequencies specified in paragraphs
(j)(1) through (3) of this section, unless otherwise determined by FRA
after reviewing the test data required by this subpart.
    (1) For operations at a qualified cant deficiency, Eu,
of more than 5 inches on track Classes 1 through 6, carbody
acceleration shall be monitored at least once each calendar quarter
with not less than 25 days between inspections on at least one
passenger car of each type that is assigned to the service; and
    (2) For operations at track Class 7 speeds, carbody and truck
accelerations shall be monitored at least twice within any 60-day
period with not less than 12 days between inspections on at least one
passenger car of each type that is assigned to the service; and
    (3) For operations at track Class 8 or 9 speeds, carbody
acceleration shall be monitored at least four times within any 7-day
period with not more than 3 days between inspections on at least one
non-passenger and one passenger carrying vehicle of each type that is
assigned to the service, as appropriate. Truck acceleration shall be
monitored at least twice within any 60-day period with not less than 12
days between inspections on at least one passenger carrying vehicle of
each type that is assigned to the service, as appropriate.
    (k)(1) The instrumented vehicle or the portable device, as required
in paragraph (j) of this section, shall monitor lateral and vertical
accelerations of the carbody. The accelerometers shall be attached to
the carbody on or under the floor of the vehicle, as near the center of
a truck as practicable.
    (2) In addition, a device for measuring lateral accelerations shall
be mounted on a truck frame at a longitudinal location as close as
practicable to an axle's centerline (either outside axle for trucks
containing more than 2 axles), or, if approved by FRA, at an alternate
location. After monitoring this data for 2 years, or 1 million miles,
whichever occurs first, the track owner or railroad may petition FRA
for exemption from this requirement.
    (3) If any of the carbody lateral, carbody vertical, or truck frame
lateral acceleration safety limits in this section's table of vehicle/
track interaction safety limits is exceeded, corrective action shall be
taken as necessary. Track personnel shall be notified when the
accelerometers indicate a possible track-related problem.
    (l) For track Classes 8 and 9, the track owner or railroad shall
submit a report to FRA, once each calendar year, which provides an
analysis of the monitoring data collected in accordance with paragraphs
(j) and (k) of this section. Based on a review of the report, FRA may
require that an instrumented vehicle having dynamic response
characteristics that are representative of other vehicles assigned to
the service be operated over the track at the revenue speed profile.
The instrumented vehicle shall be equipped to measure wheel/rail
forces. If any of the wheel/rail force limits in this section's table
of vehicle/track interaction safety limits is exceeded, appropriate
speed restrictions shall be applied until corrective action is taken.
    (m) The track owner or railroad shall maintain a copy of the most
recent exception records for the inspections required under paragraphs
(j), (k), and (l) of this section, as appropriate.
4910-06-P

[GRAPHIC] [TIFF OMITTED] TR13MR13.016

[GRAPHIC] [TIFF OMITTED] TR13MR13.017

[GRAPHIC] [TIFF OMITTED] TR13MR13.018

BILLING CODE 4910-06-C

0
20. Section 213.345 is revised to read as follows:

Sec.  213.345  Vehicle/track system qualification.

    (a) General. All vehicle types intended to operate at track Class 6
speeds or above, or at any curving speed producing more than 5 inches
of cant deficiency, shall be qualified for operation for their intended
track classes in accordance with this subpart. A qualification program
shall be used to demonstrate that the vehicle/track system will not
exceed the wheel/rail force safety limits and the carbody and truck
acceleration criteria specified in Sec.  213.333--
    (1) At any speed up to and including 5 m.p.h. above the proposed
maximum operating speed; and
    (2) On track meeting the requirements for the class of track
associated with the proposed maximum operating speed. For purposes of
qualification testing, speeds may exceed the maximum allowable
operating speed for the class of track in accordance with the test plan
approved by FRA.
    (b) Existing vehicle type qualification. Vehicle types previously
qualified or permitted to operate at track Class 6 speeds or above or
at any curving speeds producing more than 5 inches of cant deficiency
prior to March 13, 2013, shall be considered as being successfully
qualified under the requirements of this section for operation at the
previously operated speeds and cant deficiencies over the previously
operated track segment(s).
    (c) New vehicle type qualification. Vehicle types not previously
qualified under this subpart shall be qualified in accordance with the
requirements of this paragraph (c).
    (1) Simulations or measurement of wheel/rail forces. For vehicle
types intended to operate at track Class 6 speeds, simulations or
measurement of wheel/rail forces during qualification testing shall
demonstrate that the vehicle type will not exceed the wheel/rail force
safety limits specified in Sec.  213.333. Simulations, if conducted,
shall be in accordance with paragraph (c)(2) of this section.
Measurement of wheel/rail forces, if conducted, shall be performed over
a representative segment of the full route on which the vehicle type is
intended to operate.
    (2) Simulations. For vehicle types intended to operate at track
Class 7 speeds or above, or at any curving speed producing more than 6
inches of cant deficiency, analysis of vehicle/track performance
(computer simulations) shall be conducted using an industry recognized
methodology on:
    (i) An analytically defined track segment representative of
minimally compliant track conditions (MCAT--Minimally Compliant
Analytical Track) for the respective track class(es) as specified in
appendix D to this part; and
    (ii) A track segment representative of the full route on which the
vehicle type is intended to operate. Both simulations and physical
examinations of the route's track geometry shall be used to determine a
track segment representative of the route.
    (3) Carbody acceleration. For vehicle types intended to operate at
track Class 6 speeds or above, or at any curving speed producing more
than 5 inches of cant deficiency, qualification testing conducted over
a representative segment of the route shall demonstrate that the
vehicle type will not exceed the carbody lateral and vertical
acceleration safety limits specified in Sec.  213.333.
    (4) Truck lateral acceleration. For vehicle types intended to
operate at track Class 6 speeds or above, qualification testing
conducted over a representative segment of the route shall demonstrate
that the vehicle type will not exceed the truck lateral acceleration
safety limit specified in Sec.  213.333.
    (5) Measurement of wheel/rail forces. For vehicle types intended to
operate at track Class 7 speeds or above, or at any curving speed
producing more than 6 inches of cant deficiency, qualification testing
conducted over a representative segment of the route shall demonstrate
that the vehicle type will not exceed the wheel/rail force safety
limits specified in Sec.  213.333.
    (d) Previously qualified vehicle types. Vehicle types previously
qualified under this subpart for a track class and cant deficiency on
one route may be qualified for operation at the same class and cant
deficiency on another route through analysis or testing, or both, to
demonstrate compliance with paragraph (a) of this section in accordance
with the following:
    (1) Simulations or measurement of wheel/rail forces. For vehicle
types intended to operate at any curving speed producing more than 6
inches of cant deficiency, or at curving speeds that both correspond to
track Class 7 speeds or above and produce more than 5 inches of cant
deficiency, simulations or measurement of wheel/rail forces during
qualification testing shall demonstrate that the vehicle type will not
exceed the wheel/rail force safety limits specified in Sec.  213.333.
Simulations, if conducted, shall be in accordance with paragraph (c)(2)
of this section. Measurement of wheel/rail forces, if conducted, shall
be performed over a representative segment of the new route.
    (2) Carbody acceleration. For vehicle types intended to operate at
any curving speed producing more than 5 inches of cant deficiency, or
at track Class 7 speeds and above, qualification testing conducted over
a representative segment of the new route shall demonstrate that the
vehicle type will not exceed the carbody lateral and vertical
acceleration safety limits specified in Sec.  213.333.
    (3) Truck lateral acceleration. For vehicle types intended to
operate at track Class 7 speeds or above, measurement of truck lateral
acceleration during qualification testing shall demonstrate that the
vehicle type will not exceed the truck lateral acceleration safety
limits specified in

Sec.  213.333. Measurement of truck lateral acceleration, if conducted,
shall be performed over a representative segment of the new route.
    (e) Qualification testing plan. To obtain the data required to
support the qualification program outlined in paragraphs (c) and (d) of
this section, the track owner or railroad shall submit a qualification
testing plan to FRA's Associate Administrator for Railroad Safety/Chief
Safety Officer (FRA) at least 60 days prior to testing, requesting
approval to conduct the testing at the desired speeds and cant
deficiencies. This test plan shall provide for a test program
sufficient to evaluate the operating limits of the track and vehicle
type and shall include:
    (1) Identification of the representative segment of the route for
qualification testing;
    (2) Consideration of the operating environment during qualification
testing, including operating practices and conditions, the signal
system, highway-rail grade crossings, and trains on adjacent tracks;
    (3) The maximum angle found on the gage face of the designed
(newly-profiled) wheel flange referenced with respect to the axis of
the wheelset that will be used for the determination of the Single
Wheel L/V Ratio safety limit specified in Sec.  213.333;
    (4) A target maximum testing speed in accordance with paragraph (a)
of this section and the maximum testing cant deficiency;
    (5) An analysis and description of the signal system and operating
practices to govern operations in track Classes 7 through 9, which
shall include a statement of sufficiency in these areas for the class
of operation; and
    (6) The results of vehicle/track performance simulations that are
required by this section.
    (f) Qualification testing. Upon FRA approval of the qualification
testing plan, qualification testing shall be conducted in two
sequential stages as required in this subpart.
    (1) Stage-one testing shall include demonstration of acceptable
vehicle dynamic response of the subject vehicle as speeds are
incrementally increased--
    (i) On a segment of tangent track, from acceptable track Class 5
speeds to the target maximum test speed (when the target speed
corresponds to track Class 6 and above operations); and
    (ii) On a segment of curved track, from the speeds corresponding to
3 inches of cant deficiency to the maximum testing cant deficiency.
    (2) When stage-one testing has successfully demonstrated a maximum
safe operating speed and cant deficiency, stage-two testing shall
commence with the subject equipment over a representative segment of
the route as identified in paragraph (e)(1) of this section.
    (i) A test run shall be conducted over the route segment at the
speed the railroad will request FRA to approve for such service.
    (ii) An additional test run shall be conducted at 5 m.p.h. above
this speed.
    (3) When conducting stage-one and stage-two testing, if any of the
monitored safety limits is exceeded on any segment of track intended
for operation at track Class 6 speeds or greater, or on any segment of
track intended for operation at more than 5 inches of cant deficiency,
testing may continue provided that the track location(s) where any of
the limits is exceeded be identified and test speeds be limited at the
track location(s) until corrective action is taken. Corrective action
may include making an adjustment in the track, in the vehicle, or both
of these system components. Measurements taken on track segments
intended for operations below track Class 6 speeds and at 5 inches of
cant deficiency, or less, are not required to be reported.
    (4) Prior to the start of the qualification testing program, a
qualifying TGMS specified in Sec.  213.333 shall be operated over the
intended route within 30 calendar days prior to the start of the
qualification testing program.
    (g) Qualification testing results. The track owner or railroad
shall submit a report to FRA detailing all the results of the
qualification program. When simulations are required as part of vehicle
qualification, this report shall include a comparison of simulation
predictions to the actual wheel/rail force or acceleration data, or
both, recorded during full-scale testing. The report shall be submitted
at least 60 days prior to the intended operation of the equipment in
revenue service over the route.
    (h) Based on the test results and all other required submissions,
FRA will approve a maximum train speed and value of cant deficiency for
revenue service, normally within 45 days of receipt of all the required
information. FRA may impose conditions necessary for safely operating
at the maximum approved train speed and cant deficiency.
    (i) The documents required by this section must be provided to FRA
by:
    (1) The track owner; or
    (2) A railroad that provides service with the same vehicle type
over trackage of one or more track owner(s), with the written consent
of each affected track owner.

0
21. Section 213.355 is revised to read as follows:

Sec.  213.355  Frog guard rails and guard faces; gage.

    The guard check and guard face gages in frogs shall be within the
limits prescribed in the following table--

----------------------------------------------------------------------------------------------------------------
                                                           Guard check gage               Guard face gage
                                                   -------------------------------------------------------------
                                                    The distance between the gage
                                                     line of a frog to the guard
                                                    line \1\ of its guard rail or    The distance between guard
                  Class of track                       guarding face, measured     lines,\1\ measured across the
                                                      across the track at right     track at right angles to the
                                                     angles to the gage line,\2\   gage line,\2\ may not be more
                                                        may not be less than--                 than--

----------------------------------------------------------------------------------------------------------------
Class 6, 7, 8 and 9 track.........................                    4'6\1/2\''                          4'5''
----------------------------------------------------------------------------------------------------------------
\1\ A line along that side of the flangeway which is nearer to the center of the track and at the same elevation
  as the gage line.
\2\ A line five-eighths of an inch below the top of the center line of the head of the running rail, or
  corresponding location of the tread portion of the track structure.

0
22. Appendix A to part 213 is revised to read as follows:

Appendix A to Part 213--Maximum Allowable Curving Speeds

    This appendix contains four tables identifying maximum allowing
curving speeds based on 3, 4, 5, and 6 inches of unbalance (cant
deficiency), respectively.

                                                             Table 1--Three Inches Unbalance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Elevation of outer rail (inches)
                                    --------------------------------------------------------------------------------------------------------------------
                                        0      \1/2\      1      1\1/2\     2      2\1/2\     3      3\1/2\     4      4\1/2\     5      5\1/2\     6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Degree of curvature                                                       Maximum allowable operating speed (m.p.h.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0[deg]30'..........................       93      100      107      113      120      125      131      136      141      146      151      156      160
0[deg]40'..........................       80       87       93       98      104      109      113      118      122      127      131      135      139
0[deg]50'..........................       72       77       83       88       93       97      101      106      110      113      117      121      124
1[deg]00'..........................       65       71       76       80       85       89       93       96      100      104      107      110      113
1[deg]15'..........................       59       63       68       72       76       79       83       86       89       93       96       99      101
1[deg]30'..........................       53       58       62       65       69       72       76       79       82       85       87       90       93
1[deg]45'..........................       49       53       57       61       64       67       70       73       76       78       81       83       86
2[deg]00'..........................       46       50       53       57       60       63       65       68       71       73       76       78       80
2[deg]15'..........................       44       47       50       53       56       59       62       64       67       69       71       73       76
2[deg]30'..........................       41       45       48       51       53       56       59       61       63       65       68       70       72
2[deg]45'..........................       39       43       46       48       51       53       56       58       60       62       64       66       68
3[deg]00'..........................       38       41       44       46       49       51       53       56       58       60       62       64       65
3[deg]15'..........................       36       39       42       44       47       49       51       53       55       57       59       61       63
3[deg]30'..........................       35       38       40       43       45       47       49       52       53       55       57       59       61
3[deg]45'..........................       34       37       39       41       44       46       48       50       52       53       55       57       59
4[deg]00'..........................       33       35       38       40       42       44       46       48       50       52       53       55       57
4[deg]30'..........................       31       33       36       38       40       42       44       45       47       49       50       52       53
5[deg]00'..........................       29       32       34       36       38       40       41       43       45       46       48       49       51
5[deg]30'..........................       28       30       32       34       36       38       39       41       43       44       46       47       48
6[deg]00'..........................       27       29       31       33       35       36       38       39       41       42       44       45       46
6[deg]30'..........................       26       28       30       31       33       35       36       38       39       41       42       43       44
7[deg]00'..........................       25       27       29       30       32       34       35       36       38       39       40       42       43
8[deg]00'..........................       23       25       27       28       30       31       33       34       35       37       38       39       40
9[deg]00'..........................       22       24       25       27       28       30       31       32       33       35       36       37       38
10[deg]00'.........................       21       22       24       25       27       28       29       30       32       33       34       35       36
11[deg]00'.........................       20       21       23       24       25       27       28       29       30       31       32       33       34
12[deg]00'.........................       19       20       22       23       24       26       27       28       29       30       31       32       33
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                             Table 2--Four Inches Unbalance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Elevation of outer rail (inches)
                                    --------------------------------------------------------------------------------------------------------------------
                                        0      \1/2\      1      1\1/2\     2      2\1/2\     3      3\1/2\     4      4\1/2\     5      5\1/2\     6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Degree of curvature                                                       Maximum allowable operating speed (m.p.h.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0[deg]30'..........................      107      113      120      125      131      136      141      146      151      156      160      165      169
0[deg]40'..........................       93       98      104      109      113      118      122      127      131      135      139      143      146
0[deg]50'..........................       83       88       93       97      101      106      110      113      117      121      124      128      131
1[deg]00'..........................       76       80       85       89       93       96      100      104      107      110      113      116      120
1[deg]15'..........................       68       72       76       79       83       86       89       93       96       99      101      104      107
1[deg]30'..........................       62       65       69       72       76       79       82       85       87       90       93       95       98
1[deg]45'..........................       57       61       64       67       70       73       76       78       81       83       86       88       90
2[deg]00'..........................       53       57       60       63       65       68       71       73       76       78       80       82       85
2[deg]15'..........................       50       53       56       59       62       64       67       69       71       73       76       78       80
2[deg]30'..........................       48       51       53       56       59       61       63       65       68       70       72       74       76
2[deg]45'..........................       46       48       51       53       56       58       60       62       64       66       68       70       72
3[deg]00'..........................       44       46       49       51       53       56       58       60       62       64       65       67       69
3[deg]15'..........................       42       44       47       49       51       53       55       57       59       61       63       65       66
3[deg]30'..........................       40       43       45       47       49       52       53       55       57       59       61       62       64
3[deg]45'..........................       39       41       44       46       48       50       52       53       55       57       59       60       62
4[deg]00'..........................       38       40       42       44       46       48       50       52       53       55       57       58       60
4[deg]30'..........................       36       38       40       42       44       45       47       49       50       52       53       55       56
5[deg]00'..........................       34       36       38       40       41       43       45       46       48       49       51       52       53
5[deg]30'..........................       32       34       36       38       39       41       43       44       46       47       48       50       51
6[deg]00'..........................       31       33       35       36       38       39       41       42       44       45       46       48       49
6[deg]30'..........................       30       31       33       35       36       38       39       41       42       43       44       46       47
7[deg]00'..........................       29       30       32       34       35       36       38       39       40       42       43       44       45
8[deg]00'..........................       27       28       30       31       33       34       35       37       38       39       40       41       42
9[deg]00'..........................       25       27       28       30       31       32       33       35       36       37       38       39       40

10[deg]00'.........................       24       25       27       28       29       30       32       33       34       35       36       37       38
11[deg]00'.........................       23       24       25       27       28       29       30       31       32       33       34       35       36
12[deg]00'.........................       22       23       24       26       27       28       29       30       31       32       33       34       35
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                             Table 3--Five Inches Unbalance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Elevation of outer rail (inches)
                                    --------------------------------------------------------------------------------------------------------------------
                                        0      \1/2\      1      1\1/2\     2      2\1/2\     3      3\1/2\     4      4\1/2\     5      5\1/2\     6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Degree of curvature                                                       Maximum allowable operating speed (m.p.h.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0[deg]30'..........................      120      125      131      136      141      146      151      156      160      165      169      173      177
0[deg]40'..........................      104      109      113      118      122      127      131      135      139      143      146      150      150
0[deg]50'..........................       93       97      101      106      110      113      117      121      124      128      131      134      137
1[deg]00'..........................       85       89       93       96      100      104      107      110      113      116      120      122      125
1[deg]15'..........................       76       79       83       86       89       93       96       99      101      104      107      110      112
1[deg]30'..........................       69       72       76       79       82       85       87       90       93       95       98      100      102
1[deg]45'..........................       64       67       70       73       76       78       81       83       86       88       90       93       95
2[deg]00'..........................       60       63       65       68       71       73       76       78       80       82       85       87       89
2[deg]15'..........................       56       59       62       64       67       69       71       73       76       78       80       82       84
2[deg]30'..........................       53       56       59       61       63       65       68       70       72       74       76       77       79
2[deg]45'..........................       51       53       56       58       60       62       64       66       68       70       72       74       76
3[deg]00'..........................       49       51       53       56       58       60       62       64       65       67       69       71       72
3[deg]15'..........................       47       49       51       53       55       57       59       61       63       65       66       68       70
3[deg]30'..........................       45       47       49       52       53       55       57       59       61       62       64       65       67
3[deg]45'..........................       44       46       48       50       52       53       55       57       59       60       62       63       65
4[deg]00'..........................       42       44       46       48       50       52       53       55       57       58       60       61       63
4[deg]30'..........................       40       42       44       45       47       49       50       52       53       55       56       58       59
5[deg]00'..........................       38       40       41       43       45       46       48       49       51       52       53       55       56
5[deg]30'..........................       36       38       39       41       43       44       46       47       48       50       51       52       53
6[deg]00'..........................       35       36       38       39       41       42       44       45       46       48       49       50       51
6[deg]30'..........................       33       35       36       38       39       41       42       43       44       46       47       48       49
7[deg]00'..........................       32       34       35       36       38       39       40       42       43       44       45       46       47
8[deg]00'..........................       30       31       33       34       35       37       38       39       40       41       42       43       44
9[deg]00'..........................       28       30       31       32       33       35       36       37       38       39       40       41       42
10[deg]00'.........................       27       28       29       30       32       33       34       35       36       37       38       39       40
11[deg]00'.........................       25       27       28       29       30       31       32       33       34       35       36       37       38
12[deg]00'.........................       24       26       27       28       29       30       31       32       33       34       35       35       36
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                              Table 4--Six Inches Unbalance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Elevation of outer rail (inches)
                                    --------------------------------------------------------------------------------------------------------------------
                                        0      \1/2\      1      1\1/2\     2      2\1/2\     3      3\1/2\     4      4\1/2\     5      5\1/2\     6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Degree of curvature                                                       Maximum allowable operating speed (m.p.h.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0[deg]30'..........................      131      136      141      146      151      156      160      165      169      173      177      181      185
0[deg]40'..........................      113      118      122      127      131      135      139      143      146      150      154      157      160
0[deg]50'..........................      101      106      110      113      117      121      124      128      131      134      137      140      143
1[deg]00'..........................       93       96      100      104      107      110      113      116      120      122      125      128      131
1[deg]15'..........................       83       86       89       93       96       99      101      104      107      110      112      115      117
1[deg]30'..........................       76       79       82       85       87       90       93       95       98      100      102      105      107
1[deg]45'..........................       70       73       76       78       81       83       86       88       90       93       95       97       99
2[deg]00'..........................       65       68       71       73       76       78       80       82       85       87       89       91       93
2[deg]15'..........................       62       64       67       69       71       73       76       78       80       82       84       85       87
2[deg]30'..........................       59       61       63       65       68       70       72       74       76       77       79       81       83
2[deg]45'..........................       56       58       60       62       64       66       68       70       72       74       76       77       79
3[deg]00'..........................       53       56       58       60       62       64       65       67       69       71       72       74       76
3[deg]15'..........................       51       53       55       57       59       61       63       65       66       68       70       71       73
3[deg]30'..........................       49       52       53       55       57       59       61       62       64       65       67       69       70
3[deg]45'..........................       48       50       52       53       55       57       59       60       62       63       65       66       68
4[deg]00'..........................       46       48       50       52       53       55       57       58       60       61       63       64       65

4[deg]30'..........................       44       45       47       49       50       52       53       55       56       58       59       60       62
5[deg]00'..........................       41       43       45       46       48       49       51       52       53       55       56       57       59
5[deg]30'..........................       39       41       43       44       46       47       48       50       51       52       53       55       56
6[deg]00'..........................       38       39       41       42       44       45       46       48       49       50       51       52       53
6[deg]30'..........................       36       38       39       41       42       43       44       46       47       48       49       50       51
7[deg]00'..........................       35       36       38       39       40       42       43       44       45       46       47       48       49
8[deg]00'..........................       33       34       35       37       38       39       40       41       42       43       44       45       46
9[deg]00'..........................       31       32       33       35       36       37       38       39       40       41       42       43       44
10[deg]00'.........................       29       30       32       33       34       35       36       37       38       39       40       41       41
11[deg]00'.........................       28       29       30       31       32       33       34       35       36       37       38       39       39
12[deg]00'.........................       27       28       29       30       31       32       33       34       35       35       36       37       38
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
23. Amend appendix B to part 213:
0
a. Under subpart C by removing the entry for Sec.  13.55 and adding
entries for Sec. Sec.  213.55 and 213.65 in numerical order;
0
b. By revising the subpart D heading and under it revising the entries
for Sec. Sec.  213.109 and 213.127, and adding the entry for Sec.
213.110 in numerical order;
0
c. By adding the entry for Sec.  213.234 in numerical order under
subpart F;
0
d. By revising the subpart G heading and under it revising the entries
for Sec. Sec.  213.307, 213.327, 213.329, 213.333, and 213.345, and
adding the entry for Sec.  213.332 in numerical order.
    The revisions and additions read as follows:

Appendix B to Part 213--Schedule of Civil Penalties

------------------------------------------------------------------------
                                                              Willful
                 Section                     Violation     violation \1\
------------------------------------------------------------------------
SUBPART C--TRACK GEOMETRY:

                              * * * * * * *
    213.55 Track alinement..............           5,000           7,500

                              * * * * * * *
    213.65 Combined track alinement and            5,000           7,500
     surface deviations.................

SUBPART D--TRACK STRUCTURE:

                              * * * * * * *
    213.109 Crossties
        (a) Material used...............           1,000           2,000
        (b) Distribution of ties........           2,500           5,000
        (c) and (d) Sufficient number of           1,000           2,000
         non-defective ties.............
        (e) Joint ties..................           2,500           5,000
        (f) Track constructed without              2,500           5,000
         crossties......................
    213.110 Gage restraint measurement             5,000           7,500
     systems............................

                              * * * * * * *
    213.127 Rail Fastening Systems......           2,500           5,000

                              * * * * * * *
SUBPART F--INSPECTION:

                              * * * * * * *
    213.234 Automated inspection of                5,000           7,500
     track constructed with concrete
     crossties..........................

                              * * * * * * *
SUBPART G--TRAIN OPERATIONS AT TRACK
 CLASSES 6 AND HIGHER:

                              * * * * * * *
    213.307 Classes of track: operating            2,500           5,000
     speed limits.......................

                              * * * * * * *
    213.327 Track alinement.............           5,000           7,500
    213.329 Curves; elevation and speed            2,500           5,000
     limits.............................

                              * * * * * * *
    213.332 Combined track alinement and           5,000           7,500
     surface deviations.................
    213.333 Automated vehicle-based                5,000           7,500
     inspection systems.................

                              * * * * * * *
213.345 Vehicle/track system
 qualification:
        (a) through (d).................           5,000           7,500
        (e) through (i).................           2,500           5,000

                             * * * * * * *
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
  violation. The Administrator reserves the right to assess a penalty of
  up to $105,000 for any violation where circumstances warrant. See 49
  CFR part 209, appendix A.

0
24. Appendix C to part 213 is added and reserved.

0
25. Appendix D to part 213 is added to read as follows:

Appendix D to Part 213--Minimally Compliant Analytical Track (MCAT)
Simulations Used for Qualifying Vehicles To Operate at High Speeds and
at High Cant Deficiencies

    1. This appendix contains requirements for using computer
simulations to comply with the vehicle/track system qualification
testing requirements specified in subpart G of this part. These
simulations shall be performed using a track model containing
defined geometry perturbations at the limits that are permitted for
a specific class of track and level of cant deficiency. This track
model is known as MCAT, Minimally Compliant Analytical Track. These
simulations shall be used to identify vehicle dynamic performance
issues prior to service or, as appropriate, a change in service, and
demonstrate that a vehicle type is suitable for operation on the
track over which it is intended to operate.
    2. As specified in Sec.  213.345(c)(2), MCAT shall be used for
the qualification of new vehicle types intended to operate at track
Class 7 speeds or above, or at any curving speed producing more than
6 inches of cant deficiency. MCAT may also be used for the
qualification of new vehicle types intended to operate at speeds
corresponding to Class 6 track, as specified in Sec.  213.345(c)(1).
In addition, as specified in Sec.  213.345(d)(1), MCAT may be used
to qualify on new routes vehicle types that have previously been
qualified on other routes and are intended to operate at any curving
speed producing more than 6 inches of cant deficiency, or at curving
speeds that both correspond to track Class 7 speeds or above and
produce more than 5 inches of cant deficiency.
    (a) Validation. To validate the vehicle model used for
simulations under this part, the track owner or railroad shall
obtain vehicle simulation predictions using measured track geometry
data, chosen from the same track section over which testing shall be
performed as specified in Sec.  213.345(c)(2)(ii). These predictions
shall be submitted to FRA in support of the request for approval of
the qualification testing plan. Full validation of the vehicle model
used for simulations under this part shall be determined when the
results of the simulations demonstrate that they replicate all key
responses observed during qualification testing.
    (b) MCAT layout. MCAT consists of nine segments, each designed
to test a vehicle's performance in response to a specific type of
track perturbation. The basic layout of MCAT is shown in figure 1 of
this appendix, by type of track (curving or tangent), class of
track, and cant deficiency (CD). The values for wavelength,
[lambda], amplitude of perturbation, a, and segment length, d, are
specified in this appendix. The bars at the top of figure 1 show
which segments are required depending on the speed and degree of
curvature. For example, the hunting perturbation section is not
required for simulation of curves greater than or equal to 1 degree.

[GRAPHIC] [TIFF OMITTED] TR13MR13.019

    (1) MCAT segments. MCAT's nine segments contain different types
of track deviations in which the shape of each deviation is a
versine having wavelength and amplitude varied for each simulation
speed as further specified. The nine MCAT segments are defined as
follows:
    (i) Hunting perturbation (a1): This segment contains
an alinement deviation having a wavelength, [lambda], of 10 feet and
amplitude of 0.25 inch on both rails to test vehicle stability on
tangent track and on track that is curved less than 1 degree.
    (ii) Gage narrowing (a2): This segment contains an
alinement deviation on one rail to reduce the gage from the nominal
value to the minimum permissible gage or maximum alinement
(whichever comes first).
    (iii) Gage widening (a3): This segment contains an
alinement deviation on one rail to increase the gage from the
nominal value to the maximum permissible gage or maximum alinement
(whichever comes first).
    (iv) Repeated surface (a9): This segment contains
three consecutive maximum permissible profile variations on each
rail.
    (v) Repeated alinement (a4): This segment contains
two consecutive maximum permissible alinement variations on each
rail.
    (vi) Single surface (a10, a11): This
segment contains a maximum permissible profile variation on one
rail. If the maximum permissible profile variation alone produces a
condition which exceeds the maximum allowed warp condition, a second
profile variation is also placed on the opposite rail to limit the
warp to the maximum permissible value.
    (vii) Single alinement (a5, a6): This
segment contains a maximum permissible alinement variation on one
rail. If the maximum permissible alinement variation alone produces
a condition which exceeds the maximum allowed gage condition, a
second alinement variation is also placed on the opposite rail to
limit the gage to the maximum permissible value.
    (viii) Short warp (a12): This segment contains a pair
of profile deviations to produce a maximum permissible 10-foot warp
perturbation. The first is on the outside rail, and the second
follows 10 feet farther on the inside rail. Each deviation has a
wavelength, [lambda], of 20 feet and variable amplitude for each
simulation speed as described below. This segment is to be used only
on curved track simulations.
    (ix) Combined perturbation (a7, a8,
a13): This segment contains a maximum permissible down
and out combined geometry condition on the outside rail in the body
of the curve. If the maximum permissible variations produce a
condition which exceeds the maximum allowed gage condition, a second
variation is also placed on the opposite rail as for the MCAT
segments described in paragraphs (b)(1)(vi) and (vii) of this
appendix. This segment is to be used for all simulations on Class 9
track, and only for curved track simulations at speeds producing
more than 5 inches of cant deficiency on track Classes 6 through 8,
and at speeds producing more than 6 inches of cant deficiency on
track Classes 1 through 5.
    (2) Segment lengths: Each MCAT segment shall be long enough to
allow the vehicle's response to the track deviation(s) to damp out.
Each segment shall also have a minimum length as specified in table
1 of this appendix, which references the distances in figure 1 of
this appendix. For curved track segments, the perturbations shall be
placed far enough in the body of the curve to allow for any spiral
effects to damp out.

                                           Table 1 of Appendix D to Part 213 Minimum Lengths of MCAT Segments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Distances (ft)
---------------------------------------------------------------------------------------------------------------------------------------------------------
                   d1                          d2            d3            d4            d5            d6            d7            d8            d9
--------------------------------------------------------------------------------------------------------------------------------------------------------
1000....................................         1000          1000          1500          1000          1000          1000          1000          1000
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (3) Degree of curvature.
    (i) For each simulation involving assessment of curving
performance, the degree of curvature, D, which generates a particular
level of cant deficiency, Eu, for a given speed, V, shall be
calculated using the following equation, which assumes a curve with 6
inches of superelevation:
[GRAPHIC] [TIFF OMITTED] TR13MR13.020

Where--

D = Degree of curvature (degrees).
V = Simulation speed (m.p.h.).
Eu = Cant deficiency (inches).

    (ii) Table 2 of this appendix depicts the degree of curvature for
use in MCAT simulations of both passenger and freight equipment
performance on Class 2 through 9 track, based on the equation in
paragraph (b)(3)(i) of this appendix. The degree of curvature for use
in MCAT simulations of equipment performance on Class 1 track is not
depicted; it would be based on the same equation using an appropriate
superelevation. The degree of curvature for use in MCAT simulations of
freight equipment performance on Class 6 (freight) track is shown in
italics for cant deficiencies not exceeding 6 inches, to emphasize that
the values apply to freight equipment only.
BILLING CODE 4910-06-P

[GRAPHIC] [TIFF OMITTED] TR13MR13.021

BILLING CODE 4910-06-C
    (c) Required simulations.
    (1) To develop a comprehensive assessment of vehicle performance,
simulations shall be performed for a variety of scenarios using MCAT.
These simulations shall be performed on tangent or curved track, or
both, depending on the level of cant deficiency and speed (track class)
as summarized in table 3 of this appendix.

      Table 3 of Appendix D to Part 213 Summary of Required Vehicle
                Performance Assessment Using Simulations
------------------------------------------------------------------------
                                                    Previously qualified
                                New vehicle types       vehicle types
------------------------------------------------------------------------
Curved track: cant            Curving performance   Curving performance
 deficiency <= 6 inches.       simulation: not       simulation: not
                               required for track    required for track
                               Classes 1 through     Classes 1 through
                               5; optional for       6; optional for
                               track Class 6;        track Classes 7
                               required for track    through 9 for cant
                               Classes 7 through 9.  deficiency > 5
                                                     inches.
Curved track: cant            Curving performance   Curving performance
 deficiency > 6 inches.        simulation required   simulation optional
                               for all track         for all track
                               classes.              classes.
Tangent track...............  Tangent performance   Tangent performance
                               simulation: not       simulation not
                               required for track    required for any
                               Classes 1 through     track class.
                               5; optional for
                               track Class 6;
                               required for track
                               Classes 7 through 9.
------------------------------------------------------------------------

    (i) All simulations shall be performed using the design wheel
profile and a nominal track gage of 56.5 inches, using tables 4, 5, 6,
or 7 of this appendix, as appropriate. In addition, all simulations
involving the assessment of curving performance shall be repeated using
a nominal track gage of 57.0 inches, using tables 5, 6, or 7 of this
appendix, as appropriate.
    (ii) If the wheel profile is different than American Public
Transportation Administration (APTA) wheel profiles 320 or 340, then
for tangent track segments all simulations shall be repeated using
either APTA wheel profile 320 or 340, depending on the established
conicity that is common for the operation, as specified in APTA SS-M-
015-06, Standard for Wheel Flange Angle of Passenger Equipment (2007).
This APTA standard is incorporated by reference into this appendix with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this appendix, FRA must publish notice of change in the
Federal Register and the material must be made available to the public.
All approved material is available for inspection at the Federal
Railroad Administration, Docket Clerk, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone<PHONE_NUMBER>), and is available from
the American Public Transportation Association, 1666 K Street NW.,
Suite 1100, Washington, DC 20006 (telephone<PHONE_NUMBER>;
www.apta.com). It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. An alternative worn wheel profile may
be used in lieu of either APTA wheel profile, if approved by FRA.
    (iii) All simulations shall be performed using a wheel/rail
coefficient of friction of 0.5.
    (2) Vehicle performance on tangent track Classes 6 through 9. For
maximum vehicle speeds corresponding to track Class 6 and higher, the
MCAT segments described in paragraphs (b)(1)(i) through (vii) of this
appendix shall be used to assess vehicle performance on tangent track.
For track Class 9, simulations must also include the combined
perturbation segment described in paragraph (b)(1)(ix) of this
appendix. A parametric matrix of MCAT simulations shall be performed
using the following range of conditions:
    (i) Vehicle speed. Simulations shall demonstrate that at up to 5
m.p.h. above the proposed maximum operating speed, the vehicle type
shall not exceed the wheel/rail force and acceleration criteria defined
in the Vehicle/Track Interaction Safety Limits table in Sec.  213.333.
Simulations shall also demonstrate acceptable vehicle dynamic response
by incrementally increasing speed from 95 m.p.h. (115 m.p.h. if a
previously qualified vehicle type on an untested route) to 5 m.p.h.
above the proposed maximum operating speed (in 5 m.p.h. increments).
    (ii) Perturbation wavelength. For each speed, a set of three
separate MCAT simulations shall be performed. In each MCAT simulation
for the perturbation segments described in paragraphs (b)(1)(ii)
through (vii) and (b)(1)(ix) of this appendix, every perturbation shall
have the same wavelength. The following three wavelengths, [lambda],
shall be used: 31, 62, and 124 feet. The hunting perturbation segment
described in paragraph (b)(1)(i) of this appendix has a fixed
wavelength, [lambda], of 10 feet.
    (iii) Amplitude parameters. Table 4 of this appendix provides the
amplitude values for the MCAT segments described in paragraphs
(b)(1)(i) through (vii) and (b)(1)(ix) of this appendix for each speed
of the required parametric MCAT simulations. The last set of
simulations shall be performed at 5 m.p.h. above the proposed maximum
operating speed using the amplitude values in table 4 that correspond
to the proposed maximum operating speed. For qualification of vehicle
types at speeds greater than track Class 6 speeds, the following
additional simulations shall be performed:
    (A) For vehicle types being qualified for track Class 7 speeds, one
additional set of simulations shall be performed at 115 m.p.h. using
the track Class 6 amplitude values in table 4 (i.e., a 5 m.p.h.
overspeed on Class 6 track).
    (B) For vehicle types being qualified for track Class 8 speeds, two
additional sets of simulations shall be performed. The first set at 115
m.p.h. using the track Class 6 amplitude values in table 4 (i.e., a 5
m.p.h. overspeed on Class 6 track), and a second set at 130 m.p.h.
using the track Class 7 amplitude values in table 4 (i.e., a 5 m.p.h.
overspeed on Class 7 track).
    (C) For vehicle types being qualified for track Class 9 speeds,
three additional sets of simulations shall be performed. The first set
at 115 m.p.h. using the track Class 6 amplitude values in table 4
(i.e., a 5 m.p.h. overspeed on Class 6 track), a second set at 130
m.p.h. using the track Class 7 amplitude values in table 4 (i.e., a 5
m.p.h. overspeed on Class 7 track), and a third set at 165 m.p.h. using
the track Class 8 amplitude values in table 4 (i.e., a 5 m.p.h.
overspeed on Class 8 track).
BILLING CODE 4910-06-P

[GRAPHIC] [TIFF OMITTED] TR13MR13.022

BILLING CODE 4910-06-C
    (3) Vehicle performance on curved track Classes 6 through 9. For
maximum vehicle speeds corresponding to track Class 6 and higher, the
MCAT segments described in paragraphs (b)(1)(ii) through (viii) of this
appendix shall be used to assess vehicle performance on curved track.
For curves less than 1 degree, simulations must also include the
hunting perturbation segment described in paragraph (b)(1)(i) of this
appendix. For track Class 9 and for cant deficiencies greater than 5
inches, simulations must also include the combined perturbation segment
described in paragraph (b)(1)(ix) of this appendix. A parametric matrix
of MCAT simulations shall be performed using the following range of
conditions:
    (i) Vehicle speed. Simulations shall demonstrate that at up to 5
m.p.h. above the proposed maximum operating speed, the vehicle type
shall not exceed the wheel/rail force and acceleration criteria defined
in the Vehicle/Track Interaction Safety Limits table in Sec.  213.333.
Simulations shall also demonstrate acceptable vehicle dynamic response
by incrementally increasing

speed from 95 m.p.h. (115 m.p.h. if a previously qualified vehicle type
on an untested route) to 5 m.p.h. above the proposed maximum operating
speed (in 5 m.p.h. increments).
    (ii) Perturbation wavelength. For each speed, a set of three
separate MCAT simulations shall be performed. In each MCAT simulation
for the perturbation segments described in paragraphs (b)(1)(ii)
through (vii) and paragraph (b)(1)(ix) of this appendix, every
perturbation shall have the same wavelength. The following three
wavelengths, [lambda], shall be used: 31, 62, and 124 feet. The hunting
perturbation segment described in paragraph (b)(1)(i) of this appendix
has a fixed wavelength, [lambda], of 10 feet, and the short warp
perturbation segment described in paragraph (b)(1)(viii) of this
appendix has a fixed wavelength, [lambda], of 20 feet.
    (iii) Track curvature. For each speed, a range of curvatures shall
be used to produce cant deficiency conditions ranging from greater than
3 inches up to the maximum intended for qualification (in 1 inch
increments). The value of curvature, D, shall be determined using the
equation defined in paragraph (b)(3) of this appendix. Each curve shall
include representations of the MCAT segments described in paragraphs
(b)(1)(i) through (ix) of this appendix, as appropriate, and have a
fixed superelevation of 6 inches.
    (iv) Amplitude parameters. Table 5 of this appendix provides the
amplitude values for each speed of the required parametric MCAT
simulations for cant deficiencies greater than 3 inches and not more
than 5 inches. Table 6 of this appendix provides the amplitude values
for each speed of the required parametric MCAT simulations for cant
deficiencies greater than 5 inches. The last set of simulations at the
maximum cant deficiency shall be performed at 5 m.p.h. above the
proposed maximum operating speed using the amplitude values in table 5
or 6 of this appendix, as appropriate, that correspond to the proposed
maximum operating speed and cant deficiency. For these simulations, the
value of curvature, D, shall correspond to the proposed maximum
operating speed and cant deficiency. For qualification of vehicle types
at speeds greater than track Class 6 speeds, the following additional
simulations shall be performed:
    (A) For vehicle types being qualified for track Class 7 speeds, one
additional set of simulations shall be performed at 115 m.p.h. using
the track Class 6 amplitude values in table 5 or 6 of this appendix, as
appropriate (i.e., a 5 m.p.h. overspeed on Class 6 track) and a value
of curvature, D, that corresponds to 110 m.p.h. and the proposed
maximum cant deficiency.
    (B) For vehicle types being qualified for track Class 8 speeds, two
additional set of simulations shall be performed. The first set of
simulations shall be performed at 115 m.p.h. using the track Class 6
amplitude values in table 5 or 6 of this appendix, as appropriate
(i.e., a 5 m.p.h. overspeed on Class 6 track) and a value of curvature,
D, that corresponds to 110 m.p.h. and the proposed maximum cant
deficiency. The second set of simulations shall be performed at 130
m.p.h. using the track Class 7 amplitude values in table 5 or 6, as
appropriate (i.e., a 5 m.p.h. overspeed on Class 7 track) and a value
of curvature, D, that corresponds to 125 m.p.h. and the proposed
maximum cant deficiency.
    (C) For vehicle types being qualified for track Class 9 speeds,
three additional sets of simulations shall be performed. The first set
of simulations shall be performed at 115 m.p.h. using the track Class 6
amplitude values in table 5 or 6 of this appendix, as appropriate
(i.e., a 5 m.p.h. overspeed on Class 6 track) and a value of curvature,
D, that corresponds to 110 m.p.h. and the proposed maximum cant
deficiency. The second set of simulations shall be performed at 130
m.p.h. using the track Class 7 amplitude values in table 5 or 6, as
appropriate (i.e., a 5 m.p.h. overspeed on Class 7 track) and a value
of curvature, D, that corresponds to 125 m.p.h. and the proposed
maximum cant deficiency. The third set of simulations shall be
performed at 165 m.p.h. using the track Class 8 amplitude values in
table 5 or 6, as appropriate (i.e., a 5 m.p.h. overspeed on Class 8
track) and a value of curvature, D, that corresponds to 160 m.p.h. and
the proposed maximum cant deficiency.
BILLING CODE 4910-06-P

[GRAPHIC] [TIFF OMITTED] TR13MR13.023

[GRAPHIC] [TIFF OMITTED] TR13MR13.024

    (4) Vehicle performance on curved track Classes 1 through 5 at high
cant deficiency. For maximum vehicle speeds corresponding to track
Classes 1 through 5, the MCAT segments described in paragraphs
(b)(1)(ii) through (ix) of this appendix shall be used to assess
vehicle performance on curved track if the proposed maximum cant
deficiency is greater than 6 inches. A parametric matrix of MCAT
simulations shall be performed using the following range of conditions:
    (i) Vehicle speed. Simulations shall demonstrate that at up to 5
m.p.h. above the proposed maximum operating speed, the vehicle shall
not exceed the wheel/rail force and acceleration criteria defined in
the Vehicle/Track Interaction Safety Limits table in Sec.  213.333.
Simulations shall also demonstrate acceptable vehicle dynamic response
at 5 m.p.h. above the proposed maximum operating speed.

    (ii) Perturbation wavelength. For each speed, a set of two separate
MCAT simulations shall be performed. In each MCAT simulation for the
perturbation segments described in paragraphs (b)(1)(ii) through (vii)
and paragraph (b)(1)(ix) of this appendix, every perturbation shall
have the same wavelength. The following two wavelengths, [lambda],
shall be used: 31 and 62 feet. The short warp perturbation segment
described in paragraph (b)(1)(viii) of this appendix has a fixed
wavelength, [lambda], of 20 feet.
    (iii) Track curvature. For a speed corresponding to 5 m.p.h. above
the proposed maximum operating speed, a range of curvatures shall be
used to produce cant deficiency conditions ranging from 6 inches up to
the maximum intended for qualification (in 1 inch increments). The
value of curvature, D, shall be determined using the equation in
paragraph (b)(3) of this appendix. Each curve shall contain the MCAT
segments described in paragraphs (b)(1)(ii) through (ix) of this
appendix and have a fixed superelevation of 6 inches.
    (iv) Amplitude parameters. Table 7 of this appendix provides the
amplitude values for the MCAT segments described in paragraphs
(b)(1)(ii) through (ix) of this appendix for each speed of the required
parametric MCAT simulations.
[GRAPHIC] [TIFF OMITTED] TR13MR13.025

BILLING CODE 4910-06-C

PART 238--[AMENDED]

0
26. The authority citation for part 238 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303,
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49
CFR 1.89.

Subpart C--Specific Requirements for Tier I Passenger Equipment

0
27. Section 238.227 is revised to read as follows:

Sec.  238.227  Suspension system.

    On or after November 8, 1999--
    (a) All passenger equipment shall exhibit freedom from truck
hunting at all operating speeds. If truck hunting does occur, a
railroad shall immediately take appropriate action to prevent

derailment. Truck hunting is defined in Sec.  213.333 of this chapter.
    (b) Nothing in this section shall affect the requirements of the
Track Safety Standards in part 213 of this chapter as they apply to
passenger equipment as provided in that part. In particular--
    (1) Pre-revenue service qualification. All passenger equipment
intended for service at speeds greater than 90 mph or at any curving
speed producing more than 5 inches of cant deficiency shall demonstrate
safe operation during pre-revenue service qualification in accordance
with Sec.  213.345 of this chapter and is subject to the requirements
of either Sec.  213.57 or Sec.  213.329 of this chapter, as
appropriate.
    (2) Revenue service operation. All passenger equipment intended for
service at speeds greater than 90 mph or at any curving speed producing
more than 5 inches of cant deficiency is subject to the requirements of
Sec.  213.333 of this chapter and either Sec.  213.57 or Sec.  213.329
of this chapter, as appropriate.

Subpart E--Specific Requirements for Tier II Passenger Equipment

0
28. Section 238.427 is amended by revising paragraphs (a)(2), (b), and
(c), and by removing paragraph (d) to read as follows:

Sec.  238.427  Suspension system.

    (a) * * *
    (2) All passenger equipment shall meet the safety performance
standards for suspension systems contained in part 213 of this chapter,
or alternative standards providing at least equivalent safety if
approved by FRA under the provisions of Sec.  238.21. In particular--
    (i) Pre-revenue service qualification. All passenger equipment
shall demonstrate safe operation during pre-revenue service
qualification in accordance with Sec.  213.345 of this chapter and is
subject to the requirements of Sec.  213.329 of this chapter.
    (ii) Revenue service operation. All passenger equipment in service
is subject to the requirements of Sec. Sec.  213.329 and 213.333 of
this chapter.
    (b) Carbody acceleration. A passenger car shall not operate under
conditions that result in a steady-state lateral acceleration greater
than 0.15g, as measured parallel to the car floor inside the passenger
compartment. Additional carbody acceleration limits are specified in
Sec.  213.333 of this chapter.
    (c) Truck (hunting) acceleration. Each truck shall be equipped with
a permanently installed lateral accelerometer mounted on the truck
frame. If truck hunting is detected, the train monitoring system shall
provide an alarm to the locomotive engineer, and the train shall be
slowed to a speed at least 5 mph less than the speed at which the truck
hunting stopped. Truck hunting is defined in Sec.  213.333 of this
chapter.
---------------------------------------------------------------------------

    \1\ A penalty may be assessed against an individual only for a
willful violation. Generally when two or more violations of these
regulations are discovered with respect to a single unit of
passenger equipment that is placed or continued in service by a
railroad, the appropriate penalties set forth above are aggregated
up to a maximum of $16,000 per day. However, failure to perform,
with respect to a particular unit of passenger equipment, any of the
inspections and tests required under subparts D and F of this part
will be treated as a violation separate and distinct from, and in
addition to, any substantive violative conditions found on that unit
of passenger equipment. Moreover, the Administrator reserves the
right to assess a penalty of up to $105,000 for any violation where
circumstances warrant. See 49 CFR part 209, appendix A.
    Failure to observe any condition for movement of defective
equipment set forth in Sec.  238.17 will deprive the railroad of the
benefit of the movement-for-repair provision and make the railroad
and any responsible individuals liable for penalty under the
particular regulatory section(s) concerning the substantive
defect(s) present on the unit of passenger equipment at the time of
movement.
    Failure to observe any condition for the movement of passenger
equipment containing defective safety appliances, other than power
brakes, set forth in Sec.  238.17(e) will deprive the railroad of
the movement-for-repair provision and make the railroad and any
responsible individuals liable for penalty under the particular
regulatory section(s) contained in part 231 of this chapter or Sec.
238.429 concerning the substantive defective condition.
    The penalties listed for failure to perform the exterior and
interior mechanical inspections and tests required under Sec.
238.303 and Sec.  238.305 may be assessed for each unit of passenger
equipment contained in a train that is not properly inspected.
Whereas, the penalties listed for failure to perform the brake
inspections and tests under Sec.  238.313 through Sec.  238.319 may
be assessed for each train that is not properly inspected.

0
29. Section 238.428 is added to read as follows:

Sec.  238.428  Overheat sensors.

    Overheat sensors for each wheelset journal bearing shall be
provided. The sensors may be placed either onboard the equipment or at
reasonable intervals along the railroad's right-of-way.
---------------------------------------------------------------------------

    \2\ The penalty schedule uses section numbers from 49 CFR part
238. If more than one item is listed as a type of violation of a
given section, each item is also designated by a ``penalty code,''
which is used to facilitate assessment of civil penalties, and which
may or may not correspond to any subsection designation(s). For
convenience, penalty citations will cite the CFR section and the
penalty code, if any. FRA reserves the right, should litigation
become necessary, to substitute in its complaint the CFR citation in
place of the combined CFR and penalty code citation, should they
differ.

0
30. Appendix A to part 238 is amended by adding the entry for new Sec.
238.428 in numerical order to read as follows:

Appendix A to Part 238--Schedule of Civil Penalties 1
2

----------------------------------------------------------------------------------------------------------------
                                                                                Willful
                                    Section                                        Violation        violation
----------------------------------------------------------------------------------------------------------------
SUBPART E--SPECIFIC REQUIREMENTS FOR TIER II PASSENGER EQUIPMENT:

                                                  * * * * * * *
    238.428 Overheat sensors..................................................           2,500            5,000

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Appendix C to Part 238 [Removed and Reserved]

0
31. Appendix C to part 238 is removed and reserved.

    Issued in Washington, DC, on February 25, 2013.
Joseph C. Szabo,
Administrator.
[FR Doc. 2013-04679 Filed 3-12-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43923-43924]
[FR Doc No: 2022-15855]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 4:00 p.m. on Wednesday, July 27, 2022.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an

announcement of the change, along with the new time, date, and/or place
of the meeting will be posted on the Commission's website at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: July 20, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-15855 Filed 7-20-22; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Notices]
[Page 6614]
[FR Doc No: 2011-2631]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

January 31, 2011.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Exempt:

------------------------------------------------------------------------
                                    File
           Docket No.               date       Presenter or requester
------------------------------------------------------------------------
1. P-2713-000...................   1-20-11  John Baummer \1\
------------------------------------------------------------------------
\1\ Telephone record.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-2631 Filed 2-4-11; 8:45 am]
BILLING CODE 6717-01-P