[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: 49CFR232.17]



[Page 545-546]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 232_BRAKE SYSTEM SAFETY STANDARDS for FREIGHT and OTHER NON-

 

                            Subpart A_General

 

Sec.  232.17  Special approval procedure.



    (a) General. The following procedures govern consideration and 

action upon requests for special approval of a plan under Sec.  

232.15(g), an alternative standard under Sec.  232.305, and for special 

approval of pre-revenue service acceptance testing plans under subpart F 

of this part.

    (b) Petitions for special approval of a plan or an alternative 

standard. Each petition for special approval of a plan under Sec.  

232.15(g) or an alternative standard shall contain:

    (1) The name, title, address, and telephone number of the primary 

person to be contacted with regard to review of the petition;

    (2) The proposed plan pursuant to Sec.  232.15(g) or the proposed 

alternative standard, in detail, to be substituted for the particular 

requirement of this part;

    (3) Appropriate data or analysis, or both, for FRA to consider in 

determining whether the plan is consistent with the guidance contained 

in Sec.  232.15(f) and the requirements of this part or whether the 

alternative standard will provide at least an equivalent level of 

safety; and

    (4) A statement affirming that the railroad has served a copy of the 

petition on designated representatives of its employees, together with a 

list of the names and addresses of the persons served.

    (c) Petitions for special approval of pre-revenue service acceptance 

testing plan. Each petition for special approval of a



[[Page 546]]



pre-revenue service acceptance testing plan shall contain:

    (1) The name, title, address, and telephone number of the primary 

person to be contacted with regard to review of the petition; and

    (2) The elements prescribed in Sec.  232.505.

    (d) Service. (1) Each petition for special approval under paragraph 

(b) or (c) of this section shall be submitted in triplicate to the 

Associate Administrator for Safety, Federal Railroad Administration, 400 

7th Street, SW., Washington, DC 20590.

    (2) Service of each petition for special approval of a plan or an 

alternative standard submitted under paragraph (b) of this section shall 

be made on the following:

    (i) Designated representatives of the employees of the railroad 

submitting a plan pursuant to Sec.  232.15(g) or designated 

representatives of the employees responsible for the equipment's 

operation, inspection, testing, and maintenance under this part;

    (ii) Any organizations or bodies that either issued the standard 

incorporated in the section(s) of the rule to which the special approval 

pertains or issued the alternative standard that is proposed in the 

petition; and

    (iii) Any other person who has filed with FRA a current statement of 

interest in reviewing special approvals under the particular requirement 

of this part at least 30 days but not more than 5 years prior to the 

filing of the petition. If filed, a statement of interest shall be filed 

with FRA's Associate Administrator for Safety and shall reference the 

specific section(s) of this part in which the person has an interest.

    (e) Federal Register notice. FRA will publish a notice in the 

Federal Register concerning each petition under paragraph (b) of this 

section.

    (f) Comment. Not later than 30 days from the date of publication of 

the notice in the Federal Register concerning a petition under paragraph 

(b) of this section, any person may comment on the petition.

    (1) A comment shall set forth specifically the basis upon which it 

is made, and contain a concise statement of the interest of the 

commenter in the proceeding.

    (2) The comment shall be submitted in triplicate to the Associate 

Administrator for Safety, Federal Railroad Administration, 400 7th 

Street, SW., Washington, DC 20590.

    (3) The commenter shall certify that a copy of the comment was 

served on each petitioner.

    (g) Disposition of petitions. (1) If FRA finds that the petition 

complies with the requirements of this section and that the proposed 

plan under Sec.  232.15(g), the alternative standard, or the pre-revenue 

service plan is acceptable and justified, the petition will be granted, 

normally within 90 days of its receipt. If the petition is neither 

granted nor denied within 90 days, the petition remains pending for 

decision. FRA may attach special conditions to the approval of any 

petition. Following the approval of a petition, FRA may reopen 

consideration of the petition for cause.

    (2) If FRA finds that the petition does not comply with the 

requirements of this section and that the proposed plan under Sec.  

232.15(g), the alternative standard, or the pre-revenue service plan is 

not acceptable or justified, the petition will be denied, normally 

within 90 days of its receipt.

    (3) When FRA grants or denies a petition, or reopens consideration 

of the petition, written notice is sent to the petitioner and other 

interested parties.



[66 FR 4193, Jan. 17, 2001, as amended at 67 FR 17580, Apr. 10, 2002]