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 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. RSEQ-94-5)

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 December 1, 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:

Sperry Rail, Inc. (SRIX) (Waiver Petition Docket No. RSEQ-94-5)

The Sperry Rail, Inc., (SRIX) seeks a permanent waiver of

compliance from all provisions of 49 CFR part 240, Qualification

Standards for Locomotive Engineers. The SRIX operates 37 self-propelled

rail testing cars utilizing their own operators, and a railroad

employee acting as a pilot who is qualified on the physical

characteristics and operating rules over the railroad it is being

operated on. The SRIX argues that their operators are well trained and

would not benefit from part 240 certification requirements. The SRIX

also argues that the cost of certification would make them non-

competitive due to increased labor costs.

St. Louis & Chain of Rocks Railroad (SLCR) (Waiver Petition Docket No.

RSEQ-94-6)

The St. Louis & Chain of Rocks Railroad (SLCR) seeks a waiver of

compliance from all provisions of 49 CFR Part 240, Qualification

Standards for Locomotive Engineers. The SLCR Railroad is an excursion

railroad which operates in the St. Louis, Missouri area. It is a non-

profit rail museum and operates over less than three miles of track,

fewer than ten days a year at speeds not exceeding 5 mph.

Issued in Washington, D.C. on October 21, 1994.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 94-26693 Filed 10-27-94; 8:45 am]

BILLING CODE 4910-06-P