[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Notices]
[Page 19998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10698]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waivers of Compliance

    In accordance with Part 211.9 and 211.41 of Title 49 Code of 
Federal Regulations (CFR), notice is hereby given that the Federal 
Railroad Administration (FRA) received a request for waivers of 
compliance with certain requirements of its safety standards. The 
individual petitions are described below, including the party seeking 
relief, the regulatory provisions involved, the nature of the reliefs 
being requested, and the petitioner's arguments in favor of relief.

Central Montana Rail, Incorporated

[FRA Docket Number LI-97-7]

    Central Montana Rail, Incorporated (CMR) seeks a permanent waiver 
of compliance with certain provisions of the Locomotive Safety 
Standards (49 CFR 229). CMR is seeking relief from the requirements of 
Section 229.125(d) that requires, effective December 31, 1997, each 
lead locomotive operating at speeds over 20 mph over one or more public 
highway-rail crossings shall be equipped with operative auxiliary 
lights.
    CMR operates six diesel-electric locomotives over 87 miles of track 
and states that equipping the locomotives would cause an undue 
financial burden. The CMR indicates they haul less than 2,000 cars 
annually at a maximum speed of 25 mph, over one state highway-rail 
crossing, all other crossings are located on county or private roads. 
The railroad feels that because of their remote location, low speed, 
and traffic volume on affected roads, the waiver would not jeopardize 
the safety of the railroad operation.

The Kansas City Southern Railroad

[FRA Docket Number LI-97-9]

    The Kansas City Southern Railroad (KCS) seeks a waiver of 
compliance with certain provisions of the Locomotive Safety Standards 
(49 CFR Part 229). KCS is seeking permanent waiver of compliance from 
the requirements of Section 229.73(b) that requires ``the maximum 
variation in the diameter between any two wheel sets in a three 
powered-axle truck may not exceed \3/4\ inch, except when shims are 
used at the journal box springs to compensate for wheel diameter 
variation, the maximum variation may exceed 1\1/4\ inch''.
    KCS operates 165 six axle locomotives. The railroad states they 
change approximately 96 wheel sets a year to remain in compliance with 
this requirement, at a cost of $265,000.00, and 1,152 hours of 
locomotive down time.
    Interested parties are invited to participate in these proceedings 
by submitting written reviews, 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 Numbers LI-97-7 
and LI-97-9, and must be submitted in triplicate to the Docket Clerk, 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street, S.W., Washington, D.C. 20590. 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 FRA's offices at 1120 Vermont 
Avenue, N.W., Room 7051, Washington, D.C. 20005.

    Issued in Washington, D.C., on April 15, 1998.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Programs 
Development.
[FR Doc. 98-10698 Filed 4-21-98; 8:45 am]
BILLING CODE 4910-06-P