[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: 49CFR232.307]



[Page 550-551]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER 

NON-PASSENGER TRAINS and EQUIPMENT; END-of-TRAIN DEVICES--Table 

of Contents

 

         Subpart D_Periodic Maintenance and Testing Requirements

 

Sec. 232.307  Modification of the single car air brake test procedures.



    (a) Request. The AAR or other authorized representative of the 

railroad industry may seek modification of the single car air brake test 

procedures prescribed in Sec. 232.305(a). The request for modification 

shall be submitted in triplicate to the Associate Administrator for 

Safety, Federal Railroad Administration, 400 7th Street, S.W., 

Washington, D.C. 20590 and shall contain:

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

person to be contacted with regard to review of the modification;

    (2) The modification, in detail, to be substituted for a particular 

procedure prescribed in Sec. 232.305(a);

    (3) Appropriate data or analysis, or both, for FRA to consider in 

determining whether the modification will provide at least an equivalent 

level of safety; and

    (4) A statement affirming that the railroad industry has served a 

copy of the request on the designated representatives of the employees 

responsible for the equipment's operation, inspection, testing, and 

maintenance under this part, together with a list of the names and 

addresses of the persons served.

    (b) Federal Register document. Upon receipt of a request for 

modification, FRA will publish a document in the Federal Register 

containing the requested modification. The document will permit 

interested parties 60 days to comment on any requested modification.

    (c) FRA review. During the 60 days provided for public comment, FRA 

will review the petition. If FRA objects to the requested modification, 

written notification will be provided, within this 60-day period, to the 

party requesting the modification detailing FRA's objection.

    (d) Disposition. (1) If no comment objecting to the requested 

modification is received during the 60-day comment period, provided by 

paragraph (b) of this section, or if FRA does not issue a written 

objection to the requested modification, the modification will become 

effective 15 days after the close of the 60-day comment period.

    (2) If an objection is raised by an interested party, during the 60-

day comment period, or if FRA issues a written objection to the 

requested modification, the requested modification will be handled as 

follows:

    (i) If FRA finds that the request complies with the requirements of 

this section and that the proposed modification is acceptable and 

justified, the request will be granted, normally within 90 days of its 

receipt. If the request for modification is neither granted nor denied 

within 90 days, the request remains pending for decision. FRA may attach 

special conditions to the approval of any request for modification.



[[Page 551]]



Following the approval of a request for modification, FRA may reopen 

consideration of the request for cause.

    (ii) If FRA finds that the request does not comply with the 

requirements of this section and that the proposed modification is not 

acceptable or justified, the requested modification will be denied, 

normally within 90 days of its receipt.

    (iii) When FRA grants or denies a request for modification, or 

reopens consideration of the request, written notice is sent to the 

requesting party and other interested parties.



[66 FR 39688, Aug. 1, 2001]