C.F.R. » Title 49 » CHAPTER II—FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS › Subpart A—General

49 C.F.R. § 240.9

Waivers

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(a) A person subject to a requirement of this part may petition the Administrator for a waiver of compliance with such requirement. The filing of such a petition does not affect that person's responsibility for compliance with that requirement while the petition is being considered.

(b) Each petition for a waiver under this section must be filed in the manner and contain the information required by part 211 of this chapter.

(c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary.

[56 FR 28254, June 19, 1991, as amended at 64 FR 60989, Nov. 8, 1999]
Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Brotherhood of Locomotive Engi v. FRA
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Brotherhood of Locomotive Engi v. FRA (2020) cadc · cites it 2× “§ 20103 (d); 49 C.F.R. §§ 240.9 (c), 242.9(c). Generally, before granting a petition for a waiver, the Railroad Administration must conduct a hearing that affords interested parties an opportunity to submit comments and to make an “oral presentation” of their views.”
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