Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

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

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

request for waiver of compliance with certain requirements of the

Federal safety laws and regulations. The individual petition is

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.

Boone & Scenic Valley (BSV) Railroad (Waiver Petition Docket Number

PB-96-1)

The Iowa Railroad Historical Society, Boone & Scenic Valley (BSV)

Railroad, seeks a permanent waiver of compliance from Title 49, Part

232, Section 17(b)(2) on passenger cars equipped with U type air brakes

by extending the clean, oil, test, and stencil (COT&S) period from 15

calendar months to 15 operating months. BSV seeks relief for their

eight antique passenger cars built in years 1927-1929, from the present

requirements to perform COT&S as required by Sec. 232.17(b)(2) and

specified in Standard S-045 in the Manual of Standards and Recommended

Practices of the Association of American Railroads A-III-256, Section

2.1.2. The BSV is a non-profit tourist lien that operates only 6 months

a year, with one trip per day during the week and 3 trips on Saturday

and Sunday over a 15-mile, captive service route originating in Boone,

Iowa. BSV explains that they have been performing the COT&S every 12

calendar months at considerable expense for 6 months of operation and

that by granting this waiver, they would perform the COT&S every 24

months for 12 months of operation.

Title 49 CFR 232.17 ``Freight and passenger train car brakes''

states in Part (b)(2): Brake equipment on passenger cars must be

cleaned, repaired, lubricated, and tested as often as necessary to

maintain it in a safe and suitable condition for service but not less

frequently than as required in Standard S-045 in the Manual of

Standards and Recommended Practices of the AAR.

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 comments, they should notify FRA in

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

their request.

All communications concerning these proceedings should identify the

appropriate docket number (e.g. Waiver Petition Docket Number PB-96-1)

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

within 45 days of the date of publication of this notice, will be

considered by FRA before final action is taken. Comments received after

that date will be considered as far as practical. All written

communication 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.

Issued in Washington, DC on August 5, 1996.

Phil Olekszyk,

Acting Deputy Administrator for Safety.

[FR Doc. 96-20263 Filed 8-7-96; 8:45 am]

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