[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: 49CFR224.15]



[Page 323-324]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 224_REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK--Table of Contents

 

                            Subpart A_General

 

Sec. 224.15  Special approval procedures.



    (a) General. The following procedures govern consideration and 

action upon requests for special approval of alternative standards under 

Sec. 224.103(e).

    (b) Petitions. (1) Each petition for special approval of an 

alternative standard shall contain--

    (i) The name, title, address, and telephone number of the primary 

person to be contacted with regard to the petition;

    (ii) The alternative proposed, in detail, to be substituted for the 

particular requirements of this part; and

    (iii) Appropriate data and analysis establishing that the 

alternative will provide at least an equivalent level of safety and meet 

the requirements of Sec. 224.103(e).

    (2) Three copies of each petition for special approval of an 

alternative standard shall be submitted to the Docket Clerk, Office of 

Chief Counsel, Federal Railroad Administration, RCC-10, Mail Stop 10, 

1120 Vermont Ave., NW., Washington, DC 20590.

    (c) Notice. FRA will publish a notice in the Federal Register 

concerning each petition under paragraph (b) of this section.

    (d) Public comment. FRA will provide a period of not less than 30 

days from the date of publication of the notice in the Federal Register 

during which any person may comment on the petition.

    (1) Each comment shall set forth specifically the basis upon which 

it is made, and contain a concise statement of the interest of the 

commenter in the proceeding.



[[Page 324]]



    (2) Each comment shall be submitted to the DOT Central Docket 

Management System, Nassif Building, Room Pl-401, 400 Seventh Street, 

SW., Washington, DC 20590, and shall contain the assigned docket number 

which appears in the Federal Register for that proceeding. Such 

submission may be in written or electronic form consistent with the 

standards and requirements established by the Central Docket Management 

System and posted on its Web site at http://dms.dot.gov.

    (3) In the event FRA determines that it requires additional 

information to appropriately consider the petition, FRA will conduct a 

hearing on the petition in accordance with the procedures provided in 

Sec. 211.25 of this chapter.

    (e) Disposition of petitions. (1) If FRA finds that the petition 

complies with the requirements of this section and that the proposed 

alternative standard is acceptable or changes are justified, or both, 

the petition will be granted, normally within 90 days of its receipt. 

The Associate Administrator may determine the applicability of other 

technical requirements of this part when rendering a decision on the 

petition. If the petition is neither granted nor denied within 90 days, 

the petition remains pending for decision. FRA may attach special 

conditions to the approval of the petition. Following the approval of a 

petition, FRA may reopen consideration of the petition for cause stated.

    (2) If FRA finds that the petition does not comply with the 

requirements of this section, or that the proposed alternative standard 

is not acceptable or that the proposed changes are not justified, or 

both, the petition will be denied, normally within 90 days of its 

receipt.

    (3) When FRA grants or denies a petition, or reopens consideration 

of a petition, written notice is sent to the petitioner and other 

interested parties and a copy of the notice is placed in the electronic 

docket of the proceeding.