DOT 49 CFR PART 211-2010 RULES OF PRACTICE.pdf

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1、69 Federal Railroad Administration, DOT 211.1 abatement action is adopted, FRA would not make a 30-meter test of the switcher loco-motives at the facility. PART 211RULES OF PRACTICE Subpart AGeneral Sec. 211.1 General. 211.3 Participation by interested persons. 211.5 Regulatory docket. 211.7 Filing

2、requirements. 211.9 Content of rulemaking and waiver pe-titions. Subpart BRulemaking Procedures 211.11 Processing of petitions for rule-making. 211.13 Initiation and completion of rule-making proceedings. 211.15 Notice and participation. 211.17 Publication and contents of notices. 211.19 Petitions f

3、or extensions of time to comment. 211.21 Consideration of comments received. 211.23 Additional public proceedings. 211.25 Hearings. 211.27 Publication of adopted rules and withdrawal of notices. 211.29 Petitions for reconsideration of a final rule. 211.31 Proceedings on petitions for reconsid-eratio

4、n of a final rule. 211.33 Direct final rulemaking procedures. Subpart CWaivers 211.41 Processing of petitions for waiver of safety rules. 211.43 Processing of other waiver petitions. 211.45 Petitions for emergency waiver of safety rules. Subpart DEmergency Orders 211.47 Review procedures. Subpart EM

5、iscellaneous Safety-Related Proceedings and Inquiries 211.51 Tests. 211.53 Signal applications. 211.55 Special approvals. 211.57 Petitions for reconsideration. 211.59 Proceedings on petitions for reconsid-eration. 211.61 Informal safety inquiries. Subpart FInterim Procedures for the Review of Emerge

6、ncy Orders 211.71 General. 211.73 Presiding officer; powers. 211.75 Evidence. 211.77 Appeal to the Administrator. APPENDIX A TO PART 211STATEMENT OF AGENCY POLICY CONCERNING WAIVERS RE-LATED TO SHARED USE OF TRACKAGE OR RIGHTS-OF-WAY BY LIGHT RAIL AND CON-VENTIONAL OPERATIONS AUTHORITY: 49 U.S.C. 20

7、103, 20107, 20114, 20306, 2050220504, and 49 CFR 1.49. SOURCE: 41 FR 54181, Dec. 13, 1976, unless otherwise noted. Subpart AGeneral 211.1 General. (a) This part prescribes rules of prac-tice that apply to rulemaking and waiver proceedings, review of emer-gency orders issued under 45 U.S.C. 432, and

8、miscellaneous safety-related pro-ceedings and informal safety inquiries. The specific time limits for disposition of proceedings apply only to pro-ceedings initiated after December 31, 1976, under the Federal Railroad Safety Act of 1970 (45 U.S.C. 421 et seq.). When warranted, FRA will extend these

9、time limits in individual proceedings. How-ever, each proceeding under the Fed-eral Railroad Safety Act shall be dis-posed of within 12 months after the date it is initiated. A proceeding shall be deemed to be initiated and the time period for its disposition shall begin on the date a petition or ap

10、plication that complies with the requirements of this chapter is received by the person des-ignated in 211.7. (b) As used in this part (1) Administrator means the Federal Railroad Administrator or the Deputy Administrator or the delegate of either of them. (2) Waiver includes exemption. (3) Safety A

11、ct means the Federal Rail-road Safety Act of 1970, as amended (45 U.S.C. 421 et seq.). (4) Docket Clerk means the Docket Clerk, Office of Chief Counsel, Federal Railroad Administration, 1200 New Jer-sey Avenue, SE., Mail Stop 10, Wash-ington, DC 20590 or the Docket Clerk, U.S. Department of Transpor

12、tation, Docket Operations (M30), West Build-ing Ground Floor, Room W12140, 1200 New Jersey Avenue, SE., Washington, DC 205900001. (5) Railroad Safety Board means the Railroad Safety Board, Office of Safe-ty, Federal Railroad Administration, Washington, DC 20590. VerDate Mar2010 09:47 Dec 14, 2010 Jk

13、t 220215 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-70 49 CFR Ch. II (10110 Edition) 211.3 (c) Records relating to proceedings and inquiries subject t

14、o this part are available for inspection as provided in part 7 of this title. 41 FR 54181, Dec. 13, 1976, as amended at 64 FR 70195, Dec. 16, 1999; 74 FR 25171, May 27, 2009 211.3 Participation by interested per-sons. Any person may participate in pro-ceedings and inquiries subject to this part by s

15、ubmitting written informa-tion or views. The Administrator may also permit any person to participate in additional proceedings, such as in-formal appearances, conferences, or hearings at which a transcript or min-utes are kept, to assure informed ad-ministrative action and protect the public interes

16、t. 211.5 Regulatory docket. (a)(1) Records of the Federal Railroad Administration created after Novem-ber 1, 1998, concerning each proceeding subject to this part are maintained in current docket form by the Federal Docket Management System. These records include rulemaking and waiver petitions, eme

17、rgency orders, notices, comments received in response to no-tices, hearing transcripts, final rules, denials of rulemaking petitions, grants and denial of waiver and other peti-tions. Also included are records per-taining to applications for special ap-proval under 211.55 and 238.21 of this chapter,

18、 petitions for grandfathering approval under 238.203 of this chapter, signal applications under parts 235 and 236 of this chapter, and informal safety inquiries under 211.61. (2) Any person may examine dock-eted material created after November 1, 1998: (i) At the U.S. Department of Trans-portation,

19、Docket Operations (M30), West Building Ground Floor, Room W12140, 1200 New Jersey Avenue, SE., Washington, DC 20590. Copies of dock-eted materials may be obtained upon payment of the fees prescribed by the Federal Docket Management System, or (ii) Through the Internet at http:/ www.regulations.gov.

20、All docketed ma-terials are available for viewing and may be downloaded for electronic stor-age or printing. There is no charge for this service. (b) Records of the Federal Railroad Administration created before Novem-ber 1, 1998, concerning each proceeding subject to this part are available in FRAs

21、 Docket Office, 1200 New Jersey Avenue, SE., Washington, DC 20590. Any person may examine docketed ma-terial at that location during normal business hours. Copies of docketed ma-terial may be obtained upon payment of the fees prescribed in part 7 of this title. (c) Any person may examine dock-eted m

22、aterial in the office where it is maintained. Copies of docketed mate-rial other than commercially prepared transcripts may be obtained upon pay-ment of the fees prescribed in part 7 of this title. 41 FR 54181, Dec. 13, 1976, as amended at 64 FR 70195, Dec. 16, 1999; 74 FR 25171, May 27, 2009 211.7

23、Filing requirements. (a) Any person may petition the Ad-ministrator for issuance, amendment, repeal or permanent or temporary waiver of any rule or regulation. A pe-tition for waiver must be submitted at least 3 months before the proposed ef-fective date, unless good cause is shown for not doing so.

24、 (b)(1) All petitions and applications subject to this part, including applica-tions for special approval under 211.55 and 238.21 of this chapter, petitions for grandfathering approval under 238.203 of this chapter, and signal applications under parts 235 and 236 of this chapter, shall be submitted

25、to the FRA Docket Clerk. Each petition received shall be acknowledged in writing. The acknowl-edgment shall contain the docket num-ber assigned to the petition or applica-tion and state the date the petition or application was received. Within 60 days following receipt, FRA will advise the petitione

26、r or applicant of any defi-ciencies in its petition or application. (2) All comments submitted in re-sponse to a notice and other material pertaining to proceedings subject to this part, including comments sub-mitted in response to requests for spe-cial approval under 211.55 and 238.21 of this chapt

27、er, petitions for grandfathering approval under 238.203 VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-71 Fe

28、deral Railroad Administration, DOT 211.13 of this chapter, and signal applications under parts 235 and 236 of this chapter, shall be submitted to the Federal Docket Management System and shall contain the assigned docket number for that proceeding. The form of such sub-missions may be in written or

29、elec-tronic form consistent with the stand-ards and requirements established by the Federal Docket Management Sys-tem and posted on its web site at http:/ www.regulations.gov. 64 FR 70195, Dec. 16, 1999, as amended at 74 FR 25171, 25172, May 27, 2009 211.9 Content of rulemaking and waiver petitions.

30、 Each petition for rulemaking or waiver must: (a) Set forth the text or substance of the rule, regulation, standard or amendment proposed, or specify the rule, regulation or standard that the petitioner seeks to have repealed or waived, as the case may be; (b) Explain the interest of the peti-tioner

31、, and the need for the action re-quested; in the case of a petition for waiver, explain the nature and extent of the relief sought, and identify and describe the persons, equipment, in-stallations and locations to be covered by the waiver; (c) Contain sufficient information to support the action sou

32、ght including an evaluation of anticipated impacts of the action sought; each evaluation shall include an estimate of resulting costs to the private sector, to con-sumers, and to Federal, State and local governments as well as an evaluation of resulting benefits, quantified to the extent practicable

33、. Each petition per-taining to safety regulations must also contain relevant safety data. Subpart BRulemaking Procedures 211.11 Processing of petitions for rulemaking. (a) General. Each petition for rule-making filed as prescribed in 211.7 and 211.9 is referred to the head of the office responsible

34、for the subject mat-ter of the petition to review and rec-ommend appropriate action to the Ad-ministrator. No public hearing or oral argument is held before the Adminis-trator decides whether the petition should be granted. However, a notice may be published in the FEDERAL REG-ISTER inviting written

35、 comments con-cerning the petition. Each petition shall be granted or denied not later than six months after its receipt by the Docket Clerk. (b) Grants. If the Administrator de-termines that a rulemaking petition complies with the requirements of 211.9 and that rulemaking is justified, he initiates

36、 a rulemaking proceeding by publishing an advance notice or no-tice of proposed rulemaking in the FEDERAL REGISTER. (c) Denials. If the Administrator de-termines that a rulemaking petition does not comply with the requirements of 211.9 or that rulemaking is not jus-tified, he denies the petition. If

37、 the pe-tition pertains to railroad safety, the Administrator may also initiate an in-formal safety inquiry under 211.61. (d) Notification; closing of docket. Whenever the Administrator grants or denies a rulemaking petition, a notice of the grant or denial is mailed to the petitioner. If the petiti

38、on is denied, the proceeding is terminated and the dock-et for that petition is closed. 211.13 Initiation and completion of rulemaking proceedings. The Administrator initiates all rule-making proceedings on his own motion by publishing an advance notice of pro-posed rulemaking or a notice of pro-pos

39、ed rulemaking in the FEDERAL REG-ISTER. However, he may consider the recommendations of interested persons or other agencies of the United States. A separate docket is established and maintained for each rulemaking pro-ceeding. Each rulemaking proceeding shall be completed not later than 12 months a

40、fter the initial notice in that proceeding is published in the FEDERAL REGISTER. However, if it was initiated as the result of the granting of a rule-making petition, the rulemaking pro-ceeding shall be completed not later than 12 months after the petition was filed as prescribed in 211.7 and 211.9.

41、 VerDate Mar2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Y:SGML220215.XXX 220215jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-72 49 CFR Ch. II (10110 Edition) 211.15 211.15 Notice and pa

42、rticipation. (a) Except as provided in paragraph (c) of this section, or when the Admin-istrator finds for good cause that no-tice is impractical, unnecessary, or contrary to the public interest (and in-corporates the findings and a brief statement of the reasons therefore in the rules issued), an a

43、dvance notice or notice of proposed rulemaking is pub-lished in the FEDERAL REGISTER and in-terested persons are invited to partici-pate in the rulemaking proceedings with respect to each substantive rule. (b) Unless the Administrator deter-mines that notice and public rule-making proceedings are ne

44、cessary or desirable, interpretive rules, general statements of policy, and rules relating to organization, procedure, or practice, including those relating to agency management or personnel, are pre-scribed as final without notice or other public rulemaking proceedings. (c) An advance notice or not

45、ice of proposed rulemaking is issued and in-terested persons are invited to partici-pate in rulemaking proceedings with respect only to those procedural and substantive rules of general applica-bility relating to public property, loans, grants, benefits, or contracts which the Administrator has dete

46、r-mined to be of substantial public inter-est. 211.17 Publication and contents of notices. Each advance notice or notice of pro-posed rulemaking is published in the FEDERAL REGISTER and includes (a) A statement of the time, place and nature of the proposed rulemaking proceeding; (b) A reference to t

47、he authority under which it is issued; (c) A description of the subjects or issues involved or the substance or terms of the proposed rule; (d) A statement of the time within which written comments must be sub-mitted and the required number of cop-ies; and (e) A statement of how and to what extent i

48、nterested persons may partici-pate in the proceeding. 211.19 Petitions for extensions of time to comment. (a) Any person may petition the Ad-ministrator for an extension of time to submit comments in response to an ad-vance notice or notice of proposed rule-making. The petition must be received by t

49、he FRA Docket Clerk not later than 10 days before expiration of the time stated in the notice and must con-tain reference to the FRA docket num-ber for the proceeding involved. The filing of the petition does not auto-matically extend the time for peti-tioners comments. (b) The Administrator grants the pe-tition only if the petitioner shows a substantive interest in the proposed rule and good cause for the extension, and if t