[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: 49CFR241.11]



[Page 780-781]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 241_UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED 

STATES RAIL OPERATIONS--Table of Contents

 

Sec. 241.11  Prohibition against conducting a railroad operation 

dispatched by an extraterritorial dispatcher; exceptions.



    (a) General. Except as provided in Sec. 241.5(d) or paragraphs (b) 

and (c) of this section, a railroad subject to this part shall not 

conduct, or contract for the conduct of, a railroad operation in the 

United States that is dispatched from a location outside of the United 

States.



[[Page 781]]



    (b) Transitional period to continue existing extraterritorial 

dispatching. A railroad that has normally conducted, or contracted for 

the conduct of, a railroad operation in the United States that is 

extraterritorially dispatched pursuant to the regulations contained in 

49 CFR part 241, revised as of October 1, 2002, may continue to conduct 

or contract for the conduct of the operation until April 10, 2003, to 

permit the railroad an opportunity to file a waiver request pursuant to 

Sec. 241.7.

    (c) Emergencies. (1) In an emergency situation, a railroad may 

conduct, or contract for the conduct of, a railroad operation in the 

United States that is dispatched from a location outside the United 

States, provided that:

    (i) The dispatching railroad notifies the FRA Regional Administrator 

of each FRA region where the railroad operation was conducted, in 

writing as soon as practicable, of the emergency; and

    (ii) The extraterritorial dispatching is limited to the duration of 

the emergency.

    (2) Written notification may be made either on paper or by 

electronic mail.

    (3) A list of the States that make up the FRA regions and the street 

and e-mail addresses and fax numbers of the FRA Regional Administrators 

appears in appendix C to this part.

    (d) Liability. The Administrator may hold either the railroad that 

conducts the railroad operation or the railroad contractor that conducts 

the operation, or both, responsible for compliance with this section and 

subject to civil penalties under Sec. 241.15.