[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Notices]
[Page 7944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3843]



[[Page 7944]]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for a Waiver of Compliance

    In accordance with Title 49, Code of Federal Regulations (CFR), 
Sections 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 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. FRA-1998-
4922) and must be submitted to the Docket Clerk, DOT Central Docket 
Management Facility, Room PL-401, Nassif Building, 400 Seventh Street, 
SW, Washington, DC 20590. Communications received before March 17, 1999 
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 at the above address. All 
written communications are also accessible on the Internet at http://
dms.dot.gov. The waiver petition is as follows:

Michigan State Trust for Railway Preservation, Inc. (MSTP) FRA 
Waiver Petition Docket No. FRA-1998-4922

    MSTP seeks a waiver of compliance with 49 CFR Part 240, 
``Qualification and Certification of Locomotive Engineers.'' MSTP is a 
non-profit educational (501)(c)(3) corporation. It owns and operates a 
1941 Lima built steam locomotive. This locomotive, ex-Pere Marquette 
No. 1225, has operated approximately 5,200 miles since 1988 over the 
general railroad system. All operations since that time have been in 
compliance with 49 CFR Part 230.
    The organization is located at the steam locomotive repair facility 
in Owosso, Michigan, and connected to the tracks of the Tuscola and 
Saginaw Bay Railway (TSBY). MSTP does not own or control any trackage 
with the exception of two leads extending from their repair shop 
building, each is approximately 130 feet in length and are leased 
through the State of Michigan from the TSBY. The petition for waiver is 
to allow non-certified persons to operate the locomotive as the 
``locomotive engineer'' with various restrictions governing the 
operation. MSTP intends to operate the locomotive over a tangent 
``other than main track'' called the San Yard Track. The track is 4,800 
feet long, crosses no public highway crossings at grade and will be 
protected by derails at both ends. MSTP expects to comply with the 
restrictions imposed by FRA when it approves MSTP's operation and set 
conditions as listed in waiver numbers RSEQ 95-3 and RSEQ 96-2. These 
restrictions include but are not limited to the following: that the 
TSBY certified and qualified locomotive engineer is to be located in 
the cab of the locomotive at all times, daylight operation only, 
absolute block at all times, locomotive is to be inspected daily and an 
air brake test performed each time the non-certified person at the 
throttle is changed and other RSB restrictions as appropriate.
    MSTP proposes to conduct this program on selected weekends and 
holidays.

    Issued in Washington, DC, on February 10, 1999.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 99-3843 Filed 2-16-99; 8:45 am]
BILLING CODE 4910-06-M