[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: 49CFR216.17]



[Page 190]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 216_SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, 

LOCOMOTIVE AND EQUIPMENT--Table of Contents

 

                  Subpart B_Special Notice for Repairs

 

Sec. 216.17  Appeals.



    (a) Upon receipt of a Special Notice prescribed in Sec. Sec. 

216.11, 216.13, 216.14, or 216.15, a railroad may appeal the decision of 

the Inspector to the FRA Regional Administrator for the region in which 

the notice was given. The appeal shall be made by letter or telegram. 

The FRA Regional Administrator assigns an inspector, other than the 

inspector from whose decision the appeal is being taken, to reinspect 

the railroad freight car, locomotive, railroad passenger equipment, or 

track. The reinspection will be made immediately. If upon reinspection, 

the railroad freight car, locomotive, or passenger equipment is found to 

be in serviceable condition, or the track is found to comply with the 

requirements for the class at which it was previously operated by the 

railroad, the FRA Regional Administrator or his or her agent will 

immediately notify the railroad, whereupon the restrictions of the 

Special Notice cease to be effective. If on reinspection the decision of 

the original inspector is sustained, the FRA Regional Administrator 

notifies the railroad that the appeal has been denied.

    (b) A railroad whose appeal to the FRA Regional Administrator has 

been denied may, within thirty (30) days from the denial, appeal to the 

Administrator. After affording an opportunity for informal oral hearing, 

the Administrator may affirm, set aside, or modify, in whole or in part, 

the action of the FRA Regional Administrator.

    (c) The requirements of a Special Notice issued under this subpart 

shall remain in effect and be observed by a railroad pending appeal to 

the FRA Regional Administrator or to the Administrator.



[67 FR 19989, Apr. 23, 2002]