Petition for a Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for a Waiver of Compliance

In accordance with 49 CFR 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 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. RSEQ-94-1)

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

Chief Counsel, Federal Railroad Administration, Nassif Building, 400

Seventh Street, S.W., Washington, D.C. 20590. Communications received

before November 23, 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, S.W.,

Washington, D.C. 20590.

The waiver petitions are as follows:

Chicago and NorthWestern Transportation Company

(Waiver Petition Docket No. RSEQ-94-1)

The Chicago and Northwestern Transportation Company (CNW) seeks a

permanent waiver of compliance from a provision of 49 CFR Part 240,

``Qualification Standards for Locomotive Engineers.'' CNW specifically

asks for a waiver from compliance with 49 CFR 240.201(d) for locomotive

engineers operating at a specific location.

CNW requests that Cargill employees at Bridgeport, Iowa on the

Oskaloosa Subdivision, be permitted to operate locomotives without

complying with the requirements of Part 240.201(d). This would permit

Cargill employees to operate locomotives on main line tracks of the CNW

for approximately 1 mile to move cars and engines between two

locations.

Consolidated Grain and Barge Company

(Waiver Petition Docket No. RSEQ-94-2)

The Consolidated Grain and Barge Company (CGB) seeks a permanent

waiver of compliance from the provisions of 49 CFR Part 240,

``Qualification Standards for Locomotive Engineers.'' CGB requests that

they be allowed to use their own employees to operate the locomotive in

their unloading operation without certifying them in accordance with 49

CFR Part 240.

Landisville Railroad, Inc.

(Waiver Petition Docket No. RSEQ-94-3)

The Landisville Railroad, Inc. (AMHR) seeks a permanent waiver of

compliance from the provisions of 49 CFR Part 240, ``Qualification

Standards for Locomotive Engineers.'' AMHR requests that this waiver be

allowed because of their unique and limited operation.

Northwestern Oklahoma Railroad

(Waiver Petition Docket No. RSEQ-94-4

The Northwestern Oklahoma Railroad Company (NOKL) seeks a permanent

waiver of compliance from the provisions of 49 CFR Part 240,

``Qualification Standards for Locomotive Engineers.'' NOKL request that

this waiver be allowed because it is a minimal switching operation

employing only one person.

Issued in Washington, D.C. on October 14, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-25958 Filed 10-19-94; 8:45 am]

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