[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR211.43]



[Page 69]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

                            Subpart C_Waivers

 

Sec.  211.43  Processing of other waiver petitions.



    (a) General. Except as provided in Sec.  211.41, each petition for a 

permanent or temporary waiver of a rule, regulation or standard shall be 

filed and processed as prescribed in Sec. Sec.  211.7 and 211.9.

    (b) Notice and hearing. If required by statute or the Administrator 

deems it desirable, a notice is published in the Federal Register, an 

opportunity for public comment is provided, and a hearing is held in 

accordance with Sec.  211.25, before the petition is granted or denied.

    (c) Grants. If the Administrator determines that the petition 

complies with the requirements of Sec.  211.9 and that a waiver is 

justified, he grants the waiver. Conditions may be imposed on the grant 

of waiver if the Administrator concludes they are necessary to achieve 

the purposes of programs affected by the grant of waiver or are 

otherwise in the public interest.

    (d) Denials. If the Administrator determines that the petition does 

not comply with the requirements of Sec.  211.9 or that a waiver is not 

justified, he denies the waiver.

    (e) Notification. Whenever the Administrator grants or denies a 

petition, a notice of the grant or denial is sent to the petitioner. 

When a petition has been decided, interested persons are also notified 

or a notice is published in the Federal Register.

    (f) Petitions for reconsideration. Any person may petition for 

reconsideration of the grant or denial of a waiver under procedures set 

forth in Sec.  211.57. Each petition shall be processed in accordance 

with Sec.  211.59.