[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: 49CFR241.9]



[Page 780]

 

                        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. 241.9  Prohibition against extraterritorial dispatching; exceptions.



    (a) General. Except as provided in Sec. 241.7(d) and paragraphs (b) 

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

require or permit a dispatcher located outside the United States to 

dispatch a railroad operation that occurs in the United States if the 

dispatcher is employed by the railroad or by a contractor to the 

railroad.

    (b) Transitional period to continue existing extraterritorial 

dispatching. A railroad that has normally extraterritorially dispatched 

railroad track in the United States from Canada or Mexico pursuant to 

the regulations contained in 49 CFR part 241, revised as of October 1, 

2002, may continue extraterritorial dispatching of that railroad track 

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 

require or permit one of its dispatchers located outside the United 

States to dispatch a railroad operation that occurs in 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 

employs the dispatcher or the railroad contractor that employs the 

dispatcher, or both, responsible for compliance with this section and 

subject to civil penalties under Sec. 241.15.