[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: 49CFR241.13]



[Page 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. 241.13  Prohibition against track owner's requiring or permitting 

use of its line for a railroad operation dispatched by an extraterritorial 

dispatcher; exceptions.



    (a) General. Except as provided in paragraphs (b) and (c) of this 

section, an owner of railroad track located in the United States shall 

not require or permit the track to be used for a railroad operation that 

is dispatched from outside the United States.

    (b) Transitional period to continue existing extraterritorial 

dispatching. An owner of a track segment located in the United States 

that is extraterritorially dispatched pursuant to the regulations 

contained in 49 CFR 241, revised as of October 1, 2002, may require or 

permit the track segment to be continued to be used for a railroad 

operation that is extraterritorially dispatched until April 10, 2003, to 

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

Sec. 241.7.

    (c) Emergencies. In an emergency situation, an owner of railroad 

track located in the United States may require or permit the track to be 

used for a railroad operation that is dispatched from outside the United 

States, provided that:

    (1) The dispatching railroad notifies the FRA Regional Administrator 

of each FRA region where the operation was conducted, in writing as soon 

as practicable, of the emergency and

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

the emergency. Written notification may be made either on paper or by 

electronic mail.

    (d) Liability. The Administrator may hold either the track owner or 

the assignee under Sec. 213.5(c) of this chapter ( if any), or both, 

responsible for compliance with this section and subject to civil 

penalties under Sec. 241.15. A common carrier by railroad that is 

directed by the Surface Transportation Board to provide service over the 

track in the United States of another railroad under 49 U.S.C. 11123 is 

considered the owner of that track for the purposes of the application 

of this section during the period that the directed service order 

remains in effect.