[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: 49CFR238.21]



[Page 658-659]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 238_PASSENGER EQUIPMENT SAFETY STANDARDS--Table of Contents

 

                            Subpart A_General

 

Sec. 238.21  Special approval procedure.



    (a) General. The following procedures govern consideration and 

action upon requests for special approval of alternative standards under 

Sec. Sec. 238.103, 238.223, 238.309, 238.311, 238.405, or 238.427; for 

approval of alternative compliance under Sec. 238.201; and for special 

approval of pre-revenue service acceptance testing plans as required by 

Sec. 238.111. (Requests for approval of programs for the inspection, 

testing, and maintenance of Tier II passenger equipment are governed by 

Sec. 238.505.)

    (b) Petitions for special approval of alternative standard. Each 

petition for



[[Page 659]]



special approval of an alternative standard shall contain--

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

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

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

particular requirements of this part;

    (3) Appropriate data or analysis, or both, establishing that the 

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

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

petition on designated representatives of its employees, together with a 

list of the names and addresses of the persons served.

    (c) Petitions for special approval of alternative compliance. Each 

petition for special approval of alternative compliance shall contain--

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

person to be contacted with regard to the petition;

    (2) The elements prescribed in Sec. 238.201(b); and

    (3) A statement affirming that the railroad has served a copy of the 

petition on designated representatives of its employees, together with a 

list of the names and addresses of the persons served.

    (d) Petitions for special approval of pre-revenue service acceptance 

testing plan.

    (1) Each petition for special approval of a pre-revenue service 

acceptance testing plan shall contain--

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

person to be contacted with regard to review of the petition; and

    (ii) The elements prescribed in Sec. 238.111.

    (2) Three copies of each petition for special approval of the pre-

revenue service acceptance testing plan shall be submitted to the 

Associate Administrator for Safety, Federal Railroad Administration, 

1120 Vermont Ave., N.W., Mail Stop 25, Washington, D.C. 20590.

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

Federal Register concerning each petition under paragraphs (b) and (c) 

of this section.

    (f) Comment. Not later than 30 days from the date of publication of 

the notice in the Federal Register concerning a petition under 

paragraphs (b) and (c) of this section, 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.

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

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

S.W., Washington, D.C. 20590, and shall contain the assigned docket 

number for that proceeding. The form of 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.

    (g) Disposition of petitions.

    (1) FRA will conduct a hearing on a petition in accordance with the 

procedures provided in Sec. 211.25 of this chapter.

    (2) If FRA finds that the petition complies with the requirements of 

this section or that the proposed plan is acceptable or changes are 

justified, or both, the petition will be granted, normally within 90 

days of its receipt. 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.

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

requirements of this section, or that the proposed plan 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.

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

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

interested parties.



[64 FR 25660, May 12, 1999, as amended at 64 FR 70196, Dec. 16, 1999]