[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: 49CFR222.15]



[Page 267-268]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS

--Table of Contents

 

                            Subpart A_General

 

Sec. 222.15  How does one obtain a waiver of a provision of this 

regulation?



    (a) Except as provided in paragraph (b) of this section, two parties 

must jointly file a petition (request) for a waiver. They are the 

railroad owning or controlling operations over the railroad tracks 

crossing the public highway-rail grade crossing and the public authority 

which has jurisdiction over the roadway crossing the railroad tracks.

    (b) If the railroad and the public authority cannot reach agreement 

to file a joint petition, either party may file a request for a waiver; 

however, the filing party must specify in its petition the steps it has 

taken in an attempt to reach agreement with the other party,



[[Page 268]]



and explain why applying the requirement that a joint submission be made 

in that instance would not be likely to contribute significantly to 

public safety. If the Associate Administrator determines that applying 

the requirement for a jointly filed submission to that particular 

petition would not be likely to significantly contribute to public 

safety, the Associate Administrator shall waive the requirement for 

joint submission and accept the petition for consideration.. The filing 

party must also provide the other party with a copy of the petition 

filed with FRA.

    (c) Each petition for waiver must be filed in accordance with 49 CFR 

part 211.

    (d) If the Administrator finds that a waiver of compliance with a 

provision of this part is in the public interest and consistent with the 

safety of highway and railroad users, the Administrator may grant the 

waiver subject to any conditions the Administrator deems necessary.