[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: 49CFR211.11]



[Page 66]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

                     Subpart B_Rulemaking Procedures

 

Sec. 211.11  Processing of petitions for rulemaking.





    (a) General. Each petition for rulemaking filed as prescribed in 

Sec. Sec. 211.7 and 211.9 is referred to the head of the office 

responsible for the subject matter of the petition to review and 

recommend appropriate action to the Administrator. No public hearing or 

oral argument is held before the Administrator decides whether the 

petition should be granted. However, a notice may be published in the 

Federal Register inviting written comments concerning the petition. Each 

petition shall be granted or denied not later than six months after its 

receipt by the Docket Clerk.

    (b) Grants. If the Administrator determines that a rulemaking 

petition complies with the requirements of Sec. 211.9 and that 

rulemaking is justified, he initiates a rulemaking proceeding by 

publishing an advance notice or notice of proposed rulemaking in the 

Federal Register.

    (c) Denials. If the Administrator determines that a rulemaking 

petition does not comply with the requirements of Sec. 211.9 or that 

rulemaking is not justified, he denies the petition. If the petition 

pertains to railroad safety, the Administrator may also initiate an 

informal safety inquiry under Sec. 211.61.

    (d) Notification; closing of docket. Whenever the Administrator 

grants or denies a rulemaking petition, a notice of the grant or denial 

is mailed to the petitioner. If the petition is denied, the proceeding 

is terminated and the docket for that petition is closed.