[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: 49CFR232.17]

[Page 433-434]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 232--BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table of Contents
 
                           Subpart A--General
 
Sec. 232.17  Special approval procedure.

    (a) General. The following procedures govern consideration and 
action upon requests for special approval of a plan under 
Sec. 232.15(g), an alternative standard under Sec. 232.305, and for 
special approval of pre-revenue service acceptance testing plans under 
subpart F of this part.
    (b) Petitions for special approval of a plan or an alternative 
standard. Each petition for special approval of a plan under 
Sec. 232.15(g) or an alternative standard shall contain:
    (1) The name, title, address, and telephone number of the primary 
person to be contacted with regard to review of the petition;
    (2) The proposed plan pursuant to Sec. 232.15(g) or the proposed 
alternative standard, in detail, to be substituted for the particular 
requirement of this part;
    (3) Appropriate data or analysis, or both, for FRA to consider in 
determining whether the plan is consistent with the guidance contained 
in Sec. 232.15(f) and the requirements of this part or whether the 
alternative standard will provide at least an equivalent level of 
safety; and
    (4) A statement affirming that the railroad has served a copy of the 
petition on designated representatives of its employees, together with a 
list of the names and addresses of the persons served.
    (c) Petitions for special approval of pre-revenue service acceptance 
testing plan. Each petition for special approval of a pre-revenue 
service acceptance testing plan shall contain:
    (1) The name, title, address, and telephone number of the primary 
person to

[[Page 434]]

be contacted with regard to review of the petition; and
    (2) The elements prescribed in Sec. 232.505.
    (d) Service. (1) Each petition for special approval under paragraph 
(b) or (c) of this section shall be submitted in triplicate to the 
Associate Administrator for Safety, Federal Railroad Administration, 400 
7th Street, SW., Washington, DC 20590.
    (2) Service of each petition for special approval of a plan or an 
alternative standard submitted under paragraph (b) of this section shall 
be made on the following:
    (i) Designated representatives of the employees of the railroad 
submitting a plan pursuant to Sec. 232.15(g) or designated 
representatives of the employees responsible for the equipment's 
operation, inspection, testing, and maintenance under this part;
    (ii) Any organizations or bodies that either issued the standard 
incorporated in the section(s) of the rule to which the special approval 
pertains or issued the alternative standard that is proposed in the 
petition; and
    (iii) Any other person who has filed with FRA a current statement of 
interest in reviewing special approvals under the particular requirement 
of this part at least 30 days but not more than 5 years prior to the 
filing of the petition. If filed, a statement of interest shall be filed 
with FRA's Associate Administrator for Safety and shall reference the 
specific section(s) of this part in which the person has an interest.
    (e) Federal Register notice. FRA will publish a notice in the 
Federal Register concerning each petition under paragraph (b) of this 
section.
    (f) Comment. Not later than 30 days from the date of publication of 
the notice in the Federal Register concerning a petition under paragraph 
(b) of this section, any person may comment on the petition.
    (1) A comment shall set forth specifically the basis upon which it 
is made, and contain a concise statement of the interest of the 
commenter in the proceeding.
    (2) The comment shall be submitted in triplicate to the Associate 
Administrator for Safety, Federal Railroad Administration, 400 7th 
Street, SW., Washington, DC 20590.
    (3) The commenter shall certify that a copy of the comment was 
served on each petitioner.
    (g) Disposition of petitions. (1) If FRA finds that the petition 
complies with the requirements of this section and that the proposed 
plan under Sec. 232.15(g), the alternative standard, or the pre-revenue 
service plan is acceptable and justified, the petition will be granted, 
normally within 90 days of its receipt. If the petition is neither 
granted nor denied within 90 days, the petition remains pending for 
decision. FRA may attach special conditions to the approval of any 
petition. Following the approval of a petition, FRA may reopen 
consideration of the petition for cause.
    (2) If FRA finds that the petition does not comply with the 
requirements of this section and that the proposed plan under 
Sec. 232.15(g), the alternative standard, or the pre-revenue service 
plan is not acceptable or justified, the petition will be denied, 
normally within 90 days of its receipt.
    (3) When FRA grants or denies a petition, or reopens consideration 
of the petition, written notice is sent to the petitioner and other 
interested parties.

[66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17580, Apr. 10, 2002]