[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR211.1]



[Page 64-65]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

                            Subpart A_General

 

Sec. 211.1  General.









                            Subpart A_General



Sec.

211.1 General.

211.3 Participation by interested persons.

211.5 Regulatory docket.

211.7 Filing requirements.

211.9 Content of rulemaking and waiver petitions.



                     Subpart B_Rulemaking Procedures



211.11 Processing of petitions for rulemaking.

211.13 Initiation and completion of rulemaking proceedings.

211.15 Notice and participation.

211.17 Publication and contents of notices.

211.19 Petitions for extensions of time to comment.

211.21 Consideration of comments received.

211.23 Additional public proceedings.

211.25 Hearings.

211.27 Publication of adopted rules and withdrawal of notices.

211.29 Petitions for reconsideration of a final rule.

211.31 Proceedings on petitions for reconsideration of a final rule.



                            Subpart C_Waivers



211.41 Processing of petitions for waiver of safety rules.

211.43 Processing of other waiver petitions.



                       Subpart D_Emergency Orders



211.47 Review procedures.



    Subpart E_Miscellaneous Safety-Related Proceedings and Inquiries



211.51 Tests.

211.53 Signal applications.

211.55 Special approvals.

211.57 Petitions for reconsideration.

211.59 Proceedings on petitions for reconsideration.

211.61 Informal safety inquiries.



     Subpart F_Interim Procedures for the Review of Emergency Orders



211.71 General.

211.73 Presiding officer; powers.

211.75 Evidence.

211.77 Appeal to the Administrator.



Appendix A to Part 211--Statement of Agency Policy Concerning Waivers 

          Related to Shared Use of Trackage or Rights-of-Way by Light 

          Rail and Conventional Operations



    Authority: 49 U.S.C. 20103, 20107, 20114, 20306, 20502-20504, and 49 

CFR 1.49.



    Source: 41 FR 54181, Dec. 13, 1976, unless otherwise noted.







    (a) This part prescribes rules of practice that apply to rulemaking 

and waiver proceedings, review of emergency orders issued under 45 

U.S.C. 432, and miscellaneous safety-related proceedings and informal 

safety inquiries. The specific time limits for disposition of 

proceedings apply only to proceedings initiated after December 31, 1976, 

under the Federal Railroad Safety Act of 1970 (45 U.S.C. 421 et seq.). 

When warranted, FRA will extend these time limits in individual 

proceedings. However, each proceeding under the Federal Railroad Safety 

Act shall be disposed of within 12 months after the date it is 

initiated. A proceeding shall be deemed to be initiated and the time 

period for its disposition shall begin on the date a petition or 

application that complies with the requirements of this chapter is 

received by the person designated in Sec. 211.7.

    (b) As used in this part--



[[Page 65]]



    (1) Administrator means the Federal Railroad Administrator or the 

Deputy Administrator or the delegate of either of them.

    (2) Waiver includes exemption.

    (3) Safety Act means the Federal Railroad Safety Act of 1970, as 

amended (45 U.S.C. 421 et seq.).

    (4) Docket Clerk means the Docket Clerk, Office of Chief Counsel, 

Federal Railroad Administration, 1120 Vermont Avenue, N.W., Mail Stop 

10, Washington, D.C. 20590 or the Docket Clerk, Department of 

Transportation Central Docket Management System, Nassif Building, Room 

Pl-401, 400 Seventh Street, S.W., Washington, D.C. 20590-0001.

    (5) Railroad Safety Board means the Railroad Safety Board, Office of 

Safety, Federal Railroad Administration, Washington, DC 20590.

    (c) Records relating to proceedings and inquiries subject to this 

part are available for inspection as provided in part 7 of this title.



[41 FR 54181, Dec. 13, 1976, as amended at 64 FR 70195, Dec. 16, 1999]