[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: 49CFR222.15]



[Page 270-271]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE 

 

                            Subpart A_General

 

Sec.  222.15  How does one obtain a waiver of a provision of this 



regulation?



    (a) Except as provided in paragraph (b) of this section, two parties 

must jointly file a petition (request) for a waiver. They are the 

railroad owning or controlling operations over the railroad tracks 

crossing the public highway-rail grade crossing and the public authority 

which has jurisdiction over



[[Page 271]]



the roadway crossing the railroad tracks.

    (b) If the railroad and the public authority cannot reach agreement 

to file a joint petition, either party may file a request for a waiver; 

however, the filing party must specify in its petition the steps it has 

taken in an attempt to reach agreement with the other party, and explain 

why applying the requirement that a joint submission be made in that 

instance would not be likely to contribute significantly to public 

safety. If the Associate Administrator determines that applying the 

requirement for a jointly filed submission to that particular petition 

would not be likely to significantly contribute to public safety, the 

Associate Administrator shall waive the requirement for joint submission 

and accept the petition for consideration. The filing party must also 

provide the other party with a copy of the petition filed with FRA.

    (c) Each petition for waiver must be filed in accordance with 49 CFR 

part 211.

    (d) If the Administrator finds that a waiver of compliance with a 

provision of this part is in the public interest and consistent with the 

safety of highway and railroad users, the Administrator may grant the 

waiver subject to any conditions the Administrator deems necessary.