[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: 49CFR211.41]



[Page 68-69]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

                            Subpart C_Waivers

 

Sec. 211.41  Processing of petitions for waiver of safety rules.





    (a) General. Each petition for a permanent or temporary waiver of a 

safety rule, regulation or standard filed as prescribed in Sec. Sec. 

211.7 and 211.9, is referred to the Railroad Safety Board for decision 

and decided not later than 9 months after receipt.

    (b) Notice and hearing. If required by statute or the Administrator 

or the Railroad Safety Board deems it desirable, a notice is published 

in the Federal Register, an opportunity for public comment is provided, 

and a hearing is held in accordance with Sec. 211.25, before the 

petition is granted or denied.

    (c) Grants. If the Railroad Safety Board determines that the 

petition complies with the requirements of Sec. 211.9 and that a waiver 

is justified, it grants the petition. Conditions may be imposed on the 

grant of waiver if the



[[Page 69]]



Board concludes they are necessary to assure safety or are in the public 

interest.

    (d) Denials. If the Railroad Safety Board determines that the 

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

waiver is not justified, it denies the petition.

    (e) Notification. Whenever the Railroad Safety Board grants or 

denies a petition, a notice of that grant or denial is sent to the 

petitioner. When a petition has been decided, interested persons are 

also notified or a notice is published in the Federal Register.

    (f) Petition for reconsideration. Any person may petition for 

reconsideration of the grant or denial of a waiver under procedures set 

forth in Sec. 211.57. Each petition shall be processed in accordance 

with Sec. 211.59.