[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: 49CFR241.11]

[Page 712-713]
 
                        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. 241.11  Prohibition against conducting a railroad operation dispatched by an extraterritorial dispatcher; exceptions.

    (a) General. Except as provided in Sec. 241.5(d) or paragraphs (b) 
and (c) of this section, a railroad subject to this part shall not 
conduct, or contract for the conduct of, a railroad operation in the 
United States that is dispatched from a location outside of the United 
States.

[[Page 713]]

    (b) Transitional period to continue existing extraterritorial 
dispatching. A railroad that has normally conducted, or contracted for 
the conduct of, a railroad operation in the United States that is 
extraterritorially dispatched pursuant to the regulations contained in 
49 CFR part 241, revised as of October 1, 2002, may continue to conduct 
or contract for the conduct of the operation 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 
conduct, or contract for the conduct of, a railroad operation in the 
United States that is dispatched from a location outside 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 
conducts the railroad operation or the railroad contractor that conducts 
the operation, or both, responsible for compliance with this section and 
subject to civil penalties under Sec. 241.15.