[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: 49CFR222.15]

[Page 266]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS
--Table of Contents
 
                            Subpart A_General
 
Sec. 222.15  How does one obtain a waiver of a provision of this regulation?

    (a) Except as provided in paragraph (b), two parties must jointly 
file a petition (request) for a waiver. They are the railroad owning or 
controlling operations over the railroad tracks crossing the public 
highway-rail grade crossing and the public authority which has 
jurisdiction over the roadway crossing the railroad tracks.
    (b) If the railroad and the public authority cannot reach agreement 
to file a joint petition, either party may file a request for a waiver; 
however, the filing party must specify in its petition the steps it has 
taken in an attempt to reach agreement with the other party. The filing 
party must also provide the other party with a copy of the petition 
filed with FRA.
    (c) Each petition for waiver must be filed in accordance with 49 CFR 
part 211.
    (d) If the Administrator finds that a waiver of compliance with a 
provision of this part is in the public interest and consistent with the 
safety of highway and railroad users, the Administrator may grant the 
waiver subject to any conditions the Administrator deems necessary.