[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR222.15]

[Page 283]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 222_USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS--Table 
 
                            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 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.