[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR241.13]

[Page 674]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS--Table of Contents
 
Sec. 241.13  Prohibition against track owner's requiring or permitting use of its line for a railroad operation dispatched by an extraterritorial dispatcher; 
          exceptions.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, an owner of railroad track located in the United States shall 
not require or permit the track to be used for a railroad operation that 
is dispatched from outside the United States.
    (b) Transitional period to continue existing extraterritorial 
dispatching. An owner of a track segment located in the United States 
that is extraterritorially dispatched pursuant to the regulations 
contained in 49 CFR 241, revised as of October 1, 2002, may require or 
permit the track segment to be continued to be used for a railroad 
operation that is extraterritorially dispatched until April 10, 2003, to 
permit the railroad an opportunity to file a waiver request pursuant to 
Sec. 241.7.
    (c) Emergencies. In an emergency situation, an owner of railroad 
track located in the United States may require or permit the track to be 
used for a railroad operation that is dispatched from outside the United 
States, provided that:
    (1) The dispatching railroad notifies the FRA Regional Administrator 
of each FRA region where the operation was conducted, in writing as soon 
as practicable, of the emergency and
    (2) The extraterritorial dispatching is limited to the duration of 
the emergency. Written notification may be made either on paper or by 
electronic mail.
    (d) Liability. The Administrator may hold either the track owner or 
the assignee under Sec. 213.5(c) of this chapter ( if any), or both, 
responsible for compliance with this section and subject to civil 
penalties under Sec. 241.15. A common carrier by railroad that is 
directed by the Surface Transportation Board to provide service over the 
track in the United States of another railroad under 49 U.S.C. 11123 is 
considered the owner of that track for the purposes of the application 
of this section during the period that the directed service order 
remains in effect.