PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES
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This part describes certain procedures employed by the Federal Railroad Administration in its enforcement of statutes and regulations related to railroad safety.By delegation from the Secretary of Transportation, the Administrator has responsibility for:(a) Enforcement of subchapters B andC of chapter I, subtitle B, title 49, CFR,with respect to the transportation or shipment of hazardous materials by railroad (49 CFR 1.49(s));(b) Exercise of the authority vested in the Secretary by the Federal Railroad Safety Act of 1970, 45 U.S.C. 421,431–441, as amended by the Rail Safety Improvement Act of 1988, Public Law 100–342 (June 22, 1988) (49 CFR 1.49(m));and(c) Exercise of the authority vested in the Secretary pertaining to railroad safety as set forth in the statutes transferred to the Secretary by section 6(e) of the Department of Transportation Act, 49 App. U.S.C. 1655(e) (49 CFR 1.49 (c), (d), (f), and (g)).
Administrator means the Administrator of FRA, the Deputy Administrator of FRA, or the delegate of either
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Associate Administrator means the Associate Administrator for Safety, Federal Railroad Administration, or that person’s delegate as designated in writing.
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Chief Counsel means the Chief Counsel of FRA or his or her delegate.
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Federal hazardous material transportation law means 49 U.S.C. 5101 et seq
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FRA means the Federal Railroad Administration,U.S. Department of Transportation
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FRA Safety Inspector means an FRA safety inspector, a state inspector participating in railroad safety investigative and surveillance activities underpart 212 of this chapter, or any other official duly authorized by FRA.
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Motion means a request to a presiding officer to take a particular action
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Pleading means any written submission setting forth claims, allegations,arguments, or evidence
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Railroad carrier means a person providing railroad transportation
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Respondent means a person upon whom FRA has served a notice of probable violation, notice of investigation,or notice of proposed disqualification
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Each order, notice, or other document required to be served under this part shall be served personally or by registered or certified mail, except as otherwise provided herein.(b) Service upon a person’s duly authorized representative constitutes service upon that person.(c) Service by registered or certified mail is complete upon mailing. An official United States Postal Service receipt from the registered or certified mailing constitutes prima facie evidence of service.(d) Service of requests for admission and motions may be made by first-class mail, postage prepaid.(e) Each pleading must be accompanied by a certificate of service specifying how and when service was made
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Each matter of which an admission is requested shall be deemed to be admitted unless, within 30 days after receipt of the request, the party to whom the request is directed serves upon the party requesting the admission a written answer under oath or objection addressed to the matter, signed by the party.
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A subpoena may require attendance of a witness at a deposition or hearing or the production of documentary or other tangible evidence in the possession or control of the person served, or both.
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A subpoena may be served personally by any person who is not an interested person and is not less than eighteen(18) years of age, or by certified or registered mail.
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Service of a subpoena shall be made by delivering a copy of the subpoena in the appropriate manner, asset forth below. Service of a subpoena requiring attendance of a person is not complete unless delivery is accompanied by tender of fees for one day’s attendance and mileage as specified by paragraph (f) of this section. However,when a subpoena is issued upon the request of any officer or agency of the United States, fees and mileage need not be tendered at the time of service but will be paid by FRA at the place and time specified in the subpoena for attendance.
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Any party desiring to take the deposition of a witness shall file and serve a written motion setting forth the name of the witness; the date,time, and place of the deposition; the subject matter of the witness’ expected testimony; whether any party objects to the taking of the deposition; and the reasons for taking such deposition.Such motion shall be granted only upon a showing of good cause
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All materials filed with FRA or any FRA officer in connection with a proceeding under subpart B, C, or D of this part shall be submitted in duplicate to the Assistant Chief Counsel for Safety,(RCC–30), Office of Chief Counsel, Federal Railroad Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590, except that documents produced in accordance with a subpoena shall be presented at the place and time specified by the subpoena.
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request for confidential treatment with respect to a document or portion thereof may be made on the basis that the information is—(1) Exempt from the mandatory disclosure requirements of the Freedom of Information Act (5 U.S.C. 552);(2) Required to be held in confidence by 18 U.S.C. 1905; or(3) Otherwise exempt by law from public disclosure.
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At the time a matter is set for hearing under subpart B, C, or D of this part, the Chief Counsel may consolidate the matter with any similar matter(s) pending against the same respondent or with any related matter(s)pending against other respondent(s)under the same subpart. However, on certification by the presiding officer that a consolidated proceeding is unmanageable or otherwise undesirable,the Chief Counsel will rescind or modify the consolidation
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Rules of evidence.The Federal Rules of Evidence for United States Courts and Magistrates shall be employed as general guidelines for proceedings under subparts B, C,and D of this part. However, all relevant and material evidence shall be received into the record
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Motions.Motions shall be in writing, filed with the presiding officer, and copies served upon the parties in accordance with § 209.5, except that oral motions may be made during the course of any hearing or appearance before the presiding officer. Each motion shall state the particular order, ruling, or action desired and the grounds therefor. Unless otherwise specified by the presiding officer, any objection to a written motion must be filed within 10 days after receipt of the motion
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