[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR211.11]

[Page 64-65]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 211--RULES OF PRACTICE--Table of Contents
 
                    Subpart B--Rulemaking Procedures
 
Sec. 211.11  Processing of petitions for rulemaking.


    (a) General. Each petition for rulemaking filed as prescribed in 
Secs. 211.7

[[Page 65]]

and 211.9 is referred to the head of the office responsible for the 
subject matter of the petition to review and recommend appropriate 
action to the Administrator. No public hearing or oral argument is held 
before the Administrator decides whether the petition should be granted. 
However, a notice may be published in the Federal Register inviting 
written comments concerning the petition. Each petition shall be granted 
or denied not later than six months after its receipt by the Docket 
Clerk.
    (b) Grants. If the Administrator determines that a rulemaking 
petition complies with the requirements of Sec. 211.9 and that 
rulemaking is justified, he initiates a rulemaking proceeding by 
publishing an advance notice or notice of proposed rulemaking in the 
Federal Register.
    (c) Denials. If the Administrator determines that a rulemaking 
petition does not comply with the requirements of Sec. 211.9 or that 
rulemaking is not justified, he denies the petition. If the petition 
pertains to railroad safety, the Administrator may also initiate an 
informal safety inquiry under Sec. 211.61.
    (d) Notification; closing of docket. Whenever the Administrator 
grants or denies a rulemaking petition, a notice of the grant or denial 
is mailed to the petitioner. If the petition is denied, the proceeding 
is terminated and the docket for that petition is closed.