[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: 49CFR241.9]

[Page 673]
 
                        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. 241.9  Prohibition against extraterritorial dispatching; exceptions.

    (a) General. Except as provided in Sec. 241.7(d) and paragraphs (b) 
and (c) of this section, a railroad subject to this part shall not 
require or permit a dispatcher located outside the United States to 
dispatch a railroad operation that occurs in the United States if the 
dispatcher is employed by the railroad or by a contractor to the 
railroad.
    (b) Transitional period to continue existing extraterritorial 
dispatching. A railroad that has normally extraterritorially dispatched 
railroad track in the United States from Canada or Mexico pursuant to 
the regulations contained in 49 CFR part 241, revised as of October 1, 
2002, may continue extraterritorial dispatching of that railroad track 
until April 10, 2003, to permit the railroad an opportunity to file a 
waiver request pursuant to Sec. 241.7.
    (c) Emergencies. (1) In an emergency situation, a railroad may 
require or permit one of its dispatchers located outside the United 
States to dispatch a railroad operation that occurs in the United 
States, provided that:
    (i) The dispatching railroad notifies the FRA Regional Administrator 
of each FRA region where the railroad operation was conducted, in 
writing as soon as practicable, of the emergency; and
    (ii) The extraterritorial dispatching is limited to the duration of 
the emergency.
    (2) Written notification may be made either on paper or by 
electronic mail.
    (3) A list of the States that make up the FRA regions and the street 
and e-mail addresses and fax numbers of the FRA Regional Administrators 
appears in appendix C to this part.
    (d) Liability. The Administrator may hold either the railroad that 
employs the dispatcher or the railroad contractor that employs the 
dispatcher, or both, responsible for compliance with this section and 
subject to civil penalties under Sec. 241.15.