[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: 49CFR211.51]



[Page 69-70]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

    Subpart E_Miscellaneous Safety-Related Proceedings and Inquiries

 

Sec. 211.51  Tests.





    (a) Pursuant to the Department of Transportation Act (80 Stat. 931, 

49 U.S.C. 1651 et seq.), the Federal Railroad Safety Act of 1970 (84 

Stat. 971, 45 U.S.C. 421, 431-441), or both, the Administrator may 

temporarily suspend compliance with a substantive rule of the Federal 

Railroad Administration, if:



[[Page 70]]



    (1) The suspension is necessary to the conduct of a Federal Railroad 

Administration approved test program designed to evaluate the 

effectiveness of new technology or operational approaches or instituted 

in furtherance of a present or proposed rulemaking proceeding;

    (2) The suspension is limited in scope and application to such 

relief as may be necessary to facilitate the conduct of the test 

program; and

    (3) The suspension is conditioned on the observance of standards 

sufficient to assure safety.

    (b) When required by statute, a notice is published in the Federal 

Register, an opportunity is provided for public comment, and a hearing 

is held in accordance with Sec. 211.25, before the FRA approved test 

program is implemented.

    (c) When the Administrator approves suspension of compliance with 

any rule in connection with a test program, a description of the test 

program containing an explanatory statement responsive to paragraph (a) 

of this section is published in the Federal Register.