Petition for Waiver of Compliance

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for 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 the Federal

safety laws and regulations. The petition is described below, including

the regulatory provisions involved, the nature of the relief being

requested and the petitioner's arguments in favour of relief.

Mc Cloud Railway Company

(Docket Number FRA-1998-4855)

The Mc Cloud Railway Company (MCR) seeks a waiver of compliance

from 49 CFR 230.108 (b) (which requires that main air reservoirs shall

be hammer tested over its entire surface not less then once every 18

months) for steam locomotive number 25. MCR would like to substitute

ultrasonic testing of the reservoir in lieu of hammer testing.

Ultrasonic testing would be performed each time the locomotive is

shopped for general repairs, but not less frequently then once each 18

months. The railroad feels that ultrasonic testing will provide a more

accurate evaluation of the reservoir's condition than hammer testing.

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 Number FRA-

1998-4855) and must be submitted in triplicate to the Docket Clerk, DOT

Central Docket Management Facility, Room PL-401, Washington, DC 20590-

0001. Communications received within 45 days from the 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

practicable. All written communications concerning these proceedings

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

p.m.) at DOT Central Docket Management Facility, Room PL-401 (Plaza

Level), 400 Seventh Street SW, Washington, DC. All documents in the

public docket are also available for inspection and copying on the

Internet at the docket facility's Web site at

http://dms.dot.gov.

Issued in Washington, DC on May 21, 1999.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety Standards and Program

Development.

[FR Doc. 99-13789 Filed 5-28-99; 8:45 am]

BILLING CODE 4910-06-P