[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: 49CFR224.15]

[Page 340-341]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 224_REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK--Table of Contents
 
                            Subpart A_General
 
Sec.  224.15  Special approval procedures.

    (a) General. The following procedures govern consideration and 
action upon requests for special approval of alternative standards under 
Sec.  224.103(e).
    (b) Petitions. (1) Each petition for special approval of an 
alternative standard shall contain--
    (i) The name, title, address, and telephone number of the primary 
person to be contacted with regard to the petition;
    (ii) The alternative proposed, in detail, to be substituted for the 
particular requirements of this part; and
    (iii) Appropriate data and analysis establishing that the 
alternative will provide at least an equivalent level of safety and meet 
the requirements of Sec.  224.103(e).
    (2) Three copies of each petition for special approval of an 
alternative standard shall be submitted to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, RCC-

[[Page 341]]

10, Mail Stop 10, 1120 Vermont Ave., NW., Washington, DC 20590.
    (c) Notice. FRA will publish a notice in the Federal Register 
concerning each petition under paragraph (b) of this section.
    (d) Public comment. FRA will provide a period of not less than 30 
days from the date of publication of the notice in the Federal Register 
during which any person may comment on the petition.
    (1) Each 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) Each comment shall be submitted to the DOT Central Docket 
Management System, Nassif Building, Room PL-401, 400 Seventh Street, 
SW., Washington, DC 20590, and shall contain the assigned docket number 
which appears in the Federal Register for that proceeding. The form of 
such submission may be in written or electronic form consistent with the 
standards and requirements established by the Central Docket Management 
System and posted on its Web site at http://dms.dot.gov.
    (3) In the event FRA determines that it requires additional 
information to appropriately consider the petition, FRA will conduct a 
hearing on the petition in accordance with the procedures provided in 
Sec.  211.25 of this chapter.
    (e) Disposition of petitions. (1) If FRA finds that the petition 
complies with the requirements of this section and that the proposed 
alternative standard is acceptable or changes are justified, or both, 
the petition will be granted, normally within 90 days of its receipt. 
The Associate Administrator may determine the applicability of other 
technical requirements of this part when rendering a decision on the 
petition. 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 the petition. Following the approval of a 
petition, FRA may reopen consideration of the petition for cause stated.
    (2) If FRA finds that the petition does not comply with the 
requirements of this section, or that the proposed alternative standard 
is not acceptable or that the proposed changes are not justified, or 
both, the petition will be denied, normally within 90 days of its 
receipt.
    (3) When FRA grants or denies a petition, or reopens consideration 
of a petition, written notice is sent to the petitioner and other 
interested parties and a copy of the notice is placed in the electronic 
docket of the proceeding.