[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR219.7]

[Page 214-215]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents
 
                            Subpart A_General
 
Sec. 219.7  Waivers.

    (a) A person subject to a requirement of this part may petition the 
FRA for a waiver of compliance with such requirement.
    (b) Each petition for waiver under this section must be filed in a 
manner and contain the information required by Part 211 of this chapter. 
A petition for waiver of the Part 40 prohibition against stand down of 
an employee before the Medical Review Officer has completed the 
verification must also comply with Sec. 40.21 of this title.
    (c) If the FRA Administrator finds that waiver of compliance is in 
the public interest and is consistent with railroad safety, the 
Administrator may grant the waiver subject to any necessary conditions.
    (d) Special dispensation for employees performing train or 
dispatching service on existing cross-border operations. If a foreign 
railroad requests a waiver not later than August 10, 2004, for an 
existing cross-border operation, subparts E, F, and G of this part shall 
not apply to train or dispatching service on that operation in the 
United States performed by an employee of a foreign railroad whose 
primary reporting point is outside the United States, until the 
railroad's waiver request is acted upon by FRA.
    (e) Waiver requests for employees performing train or dispatching 
service on new or expanded cross-border operations. A foreign railroad 
seeking a waiver from subparts E, F, and G of this part for its 
employees performing train or dispatching service on a new cross-border 
operation that proceeds more than 10 route miles into the United States, 
or a formerly excepted cross-border operation that expands beyond the 10

[[Page 215]]

mile limited haul exception in paragraph (d) of this section, must file 
a petition not later than 90 days before commencing the subject 
operation. FRA will attempt to decide on such petitions within 90 days. 
If no action is taken on the petition within 90 days, the petition 
remains pending for decision and the cross-border crew assignments on 
the operation covered by the petition will be subject to subparts E, F, 
and G until FRA grants the petition should the petitioner commence the 
proposed operation.

[66 FR 41973, Aug. 9, 2001, as amended at 69 FR 19287, Apr. 12, 2004]