[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: 49CFR232.307]

[Page 452-453]
 
                        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 D--Periodic Maintenance and Testing Requirements
 
Sec. 232.307  Modification of the single car air brake test procedures.

    (a) Request. The AAR or other authorized representative of the 
railroad industry may seek modification of the single car air brake test 
procedures prescribed in Sec. 232.305(a). The request for modification 
shall be submitted in triplicate to the Associate Administrator for 
Safety, Federal Railroad Administration, 400 7th Street, S.W., 
Washington, D.C. 20590 and shall contain:
    (1) The name, title, address, and telephone number of the primary 
person to be contacted with regard to review of the modification;
    (2) The modification, in detail, to be substituted for a particular 
procedure prescribed in Sec. 232.305(a);
    (3) Appropriate data or analysis, or both, for FRA to consider in 
determining whether the modification will provide at least an equivalent 
level of safety; and
    (4) A statement affirming that the railroad industry has served a 
copy of the request on the designated representatives of the employees 
responsible for the equipment's operation, inspection, testing, and 
maintenance under this part, together with a list of the names and 
addresses of the persons served.
    (b) Federal Register document. Upon receipt of a request for 
modification, FRA will publish a document in the Federal Register 
containing the requested modification. The document will permit 
interested parties 60 days to comment on any requested modification.
    (c) FRA review. During the 60 days provided for public comment, FRA 
will review the petition. If FRA objects to the requested modification, 
written notification will be provided, within this 60-day period, to the 
party requesting the modification detailing FRA's objection.
    (d) Disposition. (1) If no comment objecting to the requested 
modification is received during the 60-day comment period, provided by 
paragraph (b) of this section, or if FRA does not issue a

[[Page 453]]

written objection to the requested modification, the modification will 
become effective 15 days after the close of the 60-day comment period.
    (2) If an objection is raised by an interested party, during the 60-
day comment period, or if FRA issues a written objection to the 
requested modification, the requested modification will be handled as 
follows:
    (i) If FRA finds that the request complies with the requirements of 
this section and that the proposed modification is acceptable and 
justified, the request will be granted, normally within 90 days of its 
receipt. If the request for modification is neither granted nor denied 
within 90 days, the request remains pending for decision. FRA may attach 
special conditions to the approval of any request for modification. 
Following the approval of a request for modification, FRA may reopen 
consideration of the request for cause.
    (ii) If FRA finds that the request does not comply with the 
requirements of this section and that the proposed modification is not 
acceptable or justified, the requested modification will be denied, 
normally within 90 days of its receipt.
    (iii) When FRA grants or denies a request for modification, or 
reopens consideration of the request, written notice is sent to the 
requesting party and other interested parties.

[66 FR 39688, Aug. 1, 2001]