[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: 49CFR219.7]



[Page 217-218]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 219_CONTROL OF ALCOHOL AND DRUG USE--Table of Contents

 

                            Subpart A_General

 

Sec.  219.7  Waivers.



    (a) A person subject to a requirement of this part may petition the 

FRA for a waiver of compliance with such requirement.

    (b) Each petition for waiver under this section must be filed in a 

manner and contain the information required by Part 211 of this chapter. 

A petition for waiver of the Part 40 prohibition against stand down of 

an employee before the Medical Review Officer has completed the 

verification must also comply with Sec.  40.21 of this title.

    (c) If the FRA Administrator finds that waiver of compliance is in 

the public interest and is consistent with railroad safety, the 

Administrator may grant the waiver subject to any necessary conditions.

    (d) Special dispensation for employees performing train or 

dispatching service on existing cross-border operations. If a foreign 

railroad requests a waiver not later than August 10, 2004, for an 

existing cross-border operation, subparts E, F, and G of this part shall 

not apply to train or dispatching service on that operation in the 

United States performed by an employee of a foreign railroad whose 

primary reporting point is outside the United States, until the 

railroad's waiver request is acted upon by FRA.

    (e) Waiver requests for employees performing train or dispatching 

service on new or expanded cross-border operations. A foreign railroad 

seeking a waiver from subparts E, F, and G of this part for its 

employees performing train or dispatching service on a new cross-border 

operation that proceeds more than



[[Page 218]]



10 route miles into the United States, or a formerly excepted cross-

border operation that expands beyond the 10 mile limited haul exception 

in paragraph (d) of this section, must file a petition not later than 90 

days before commencing the subject operation. FRA will attempt to decide 

on such petitions within 90 days. If no action is taken on the petition 

within 90 days, the petition remains pending for decision and the cross-

border crew assignments on the operation covered by the petition will be 

subject to subparts E, F, and G until FRA grants the petition should the 

petitioner commence the proposed operation.



[66 FR 41973, Aug. 9, 2001, as amended at 69 FR 19287, Apr. 12, 2004]