49 CFR 238.21 - Special approval procedure.
(a)General. The following procedures govern consideration and action upon requests for special approval of alternative standards under § 238.103, § 238.223, § 238.229, § 238.309, § 238.311, § 238.405, or § 238.427; for approval of alternative compliance under § 238.201, § 238.229, or § 238.230; and for special approval of pre-revenue service acceptance testing plans as required by § 238.111. (Requests for approval of programs for the inspection, testing, and maintenance of Tier II passenger equipment are governed by § 238.505.)
(b)Petitions for special approval of alternative standard. Each petition for special approval of 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 alternative proposed, in detail, to be substituted for the particular requirements of this part;
(3) Appropriate data or analysis, or both, establishing that the alternative will provide at least an equivalent level of safety; and
(c)Petitions for special approval of alternative compliance. Each petition for special approval of alternative compliance shall contain -
(1) The name, title, address, and telephone number of the primary person to be contacted with regard to the petition;
(2) The elements prescribed in §§ 238.201(b), 238.229(j)(2), and 238.230(d); and
(d)Petitions for special approval of pre-revenue service acceptance testing plan.
(1) Each petition for special approval of a pre-revenue service acceptance testing plan shall contain -
(i) The name, title, address, and telephone number of the primary person to be contacted with regard to review of the petition; and
(ii) The elements prescribed in § 238.111.
(2) Each petition for special approval of the pre-revenue service acceptance testing plan shall be submitted to the Associate Administrator for Safety, Federal Railroad Administration, 1200 New Jersey Avenue, SE., Mail Stop 25, Washington, DC 20590.
(e)Federal Register notice. FRA will publish a notice in the Federal Register concerning each petition under paragraphs (b) and (c) 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 paragraphs (b) and (c) of this section, 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 U.S. Department of Transportation, Docket Operations (M-30), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, and shall contain the assigned docket number for that proceeding. The form of such submission may be in written or electronic form consistent with the standards and requirements established by the Federal Docket Management System and posted on its web site at http://www.regulations.gov.
(g)Disposition of petitions.
(2) If FRA finds that the petition complies with the requirements of this section or that the proposed plan is acceptable or changes are justified, or both, 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 the petition. Following the approval of a petition, FRA may reopen consideration of the petition for cause stated.
(3) If FRA finds that the petition does not comply with the requirements of this section, or that the proposed plan 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.
(4) When FRA grants or denies a petition, or reopens consideration of the petition, written notice is sent to the petitioner and other interested parties.
Title 49 published on 09-May-2017 04:41
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 238 after this date.
- 49 CFR 238.125 — Marking and Instructions for Emergency Egress and Rescue Access.
- 49 CFR 238.127 — Low-Location Emergency Exit Path Marking.
- 49 CFR 238.201 — Scope/Alternative Compliance.
- 49 CFR 238.121 — Emergency Communication.
- 49 CFR 211.5 — Regulatory Docket.
- 49 CFR 238.211 — Collision Posts.
- 49 CFR 238.223 — Locomotive Fuel Tanks.
- 49 CFR 238.229 — Safety Appliances - General.
- 49 CFR 238.230 — Safety Appliances - New Equipment.
- 49 CFR 238.103 — Fire Safety.
- 49 CFR 238.311 — Single Car Test.
- 49 CFR 211.7 — Filing Requirements.
- 49 CFR 238.111 — Pre-Revenue Service Acceptance Testing Plan.
- 49 CFR 238.405 — Longitudinal Static Compressive Strength.
- 49 CFR 238.309 — Periodic Brake Equipment Maintenance.
- 49 CFR 238.112 — Door Emergency Egress and Rescue Access Systems.