Petition for a Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Petition for a Waiver of Compliance

In accordance with 49 CFR 211.9 and 211.41, notice is hereby given

that the Federal Railroad Administration (FRA) has received a request

for a waiver of compliance with certain requirements of Federal

railroad safety regulations. The individual petitions are described

below, including the party seeking relief, the regulatory provisions

involved, the nature of the relief being requested and the petitioner's

arguments in favor of relief.

Interested parties are invited to participate in these proceedings

by submitting written views, data, or comments. FRA does not anticipate

scheduling a public hearing in connection with these proceedings since

the facts do not appear to warrant a hearing. If any interested party

desires an opportunity for oral comment, they should notify FRA, in

writing, before the end of the comment period and specify the basis for

their request.

All communications concerning these proceedings should identify the

appropriate docket number (e.g., Waiver Petition Docket No. HS-94-1)

and must be submitted in triplicate to the Docket Clerk, Office of

Chief Counsel, Federal Railroad Administration, Nassif Building, 400

Seventh Street, SW., Washington, DC 20590. Communications received

before August 29, 1994 will be considered by FRA before final action is

taken. Comments received after that date will be considered as far as

practicable. All written communications concerning these proceedings

are available for examination during regular business hours (9 a.m.-5

p.m.) in Room 8201, Nassif Building, 400 Seventh Street, SW.,

Washington, DC 20590.

The waiver petitions are as follows:

Midwest Coal Handling Company, Incorporated (MWCL) FRA Waiver Petition

Docket No. HS-94-1

The MWCL seeks an exemption under section 5(e) of the Hours of

Service Act so it may permit certain employees to remain on duty not

more than 16 hours in any 24-hour period. The MWCL operates over 4

miles of leased track and has trackage rights over 8 miles of CSX

track. The MWCL's primary function is to deliver coal and limestone to

the TVA Paradise Steam Plant in Drakesboro, Kentucky.

The petitioner asserts it employs only seven employees, four of

which are presently laid off and needs the exemption to fulfill its

obligation to its customers.

Issued in Washington, DC on July 25, 1994.

Grady C. Cothen, Jr.,

Acting Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 94-18593 Filed 7-29-94; 8:45 am]

BILLING CODE 4910-06-P