Petition for a Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

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-94-2)

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 April 26, 1995 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, D.C. 20590.

The waiver petition is as follows:

Central Montana Rail, Incorporated (CM), FRA Waiver Petition Docket No.

HS-94-5

The CM seeks an exemption so it may permit certain employees to

remain on duty not more than 16 hours in any 24-hour period. CM

states that it is not its intention to employ a train and engine

service employee more than 12 hours under normal circumstances, but

this exemption, if granted, would help its operation if unusual

operating conditions are encountered. CM operates 83 miles of Class

2 track and 4 miles of Class 1 track between Moccasin Junction and

Geraldine, Montana. Train movements are authorized by the yard limit

rule and track warrant as stated in the General Code of Operating

Rules. The maximum authorized operating speed is 25 mph.

The CM performs interchange service with the Burlington Northern

Railroad Company at Moccasin Junction. The petitioner indicates that

granting of the exemption will greatly facilitate their operation, is

in the public interest, and will not adversely affect safety.

Additionally, the petitioner asserts it employs not more than 15

employees and has demonstrated good cause for granting this exemption.

Issued in Washington, DC on March 10, 1995.

Phil Olekszyk,

Acting Deputy Associate Administrator for Safety Compliance and Program

Implementation.

[FR Doc. 95-6582 Filed 3-16-95; 8:45 am]

BILLING CODE 4910-06-P