denied, a Federal Register notice of the denial is issued within 45 days of the denial, setting forth the reasons for it. (d) The Administrator may conduct a hearing under this part on his own motion.

Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect approved material at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or at the National Archives and Records Administration. For information on the

§173.465 without leakage of contents. (c) For shipment by air, the maximum quantity in any package may not exceed 11.3 kg (25 pounds). [Amdt. 173-244, 60 FR 50307, Sept. 28, 1995, as amended at 66 FR 45380, Aug. 28, 2001]

(a) Each carrier shall keep, for each dispatching district, a record of train movements made under the direction and control of a dispatcher who uses telegraph, telephone, radio, or any other electrical or mechanical device to dispatch, report, transmit, receive, or deliver orders pertaining to train movements. The following information shall be included in the record: (1) Identification of timetable in effect.

worker in charge to whom foul time is transmitted orally shall repeat the track number or identifier, track limits and time limits of the foul time to the issuing employee for verification before the foul time becomes effective. (c) The train dispatcher or control operator shall not permit the movement of trains or other on-track equipment into working limits protected by foul time until the roadway worker in charge who obtained the foul time has reported clear of the

(c). The work on the track shall also be subject to any limiting conditions specified by such person. The operating speed cannot be more than the maximum allowable speed under §213.9 for the class of track concerned. The term “continuous supervision” as used in this section means the physical presence of that person at the job site. However, since the work may be performed over a large area, it is

equipped to carry trucks, automobiles, containers, trailers, or removable trailer bodies for the transportation of freight; or (2) Assigned to a train that operates in a continuous round trip cycle between the same two points.

(2) The same color as the reporting mark; and (3) The same size as the reporting mark. (c) The following terms, to the extent needed to completely indicate the basis for the restricted operation of the car, shall be placed on the car following the symbol “R” in letters not less than one inch high: (1) Age. (2) Coupler. (3

is exposed for any reason must be sealed by a means other than caulking. [35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-25, 41 FR 23680, June 11, 1976; Amdt. 192-85, 63 FR 37504, July 13, 1998; Amdt. 192-93, 68 FR 53901, Sept. 15, 2003]

(a) Each external protective coating, whether conductive or insulating, applied for the purpose of external corrosion control must— (1) Be applied on a properly prepared surface; (2) Have sufficient adhesion to the metal surface to effectively resist underfilm migration of moisture; (3) Be sufficiently ductile to resist cracking;

incompatible with the other facilities or would otherwise be impractical, the replaced, relocated, or significantly altered facility may be designed, installed, or constructed in accordance with the original specifications for the facility, or in another manner subject to the approval of the Administrator. [Amdt. 193-17, 65 FR 10958, Mar. 1, 2000, as amended by Amdt. 193-18, 69 FR 11336, Mar. 10, 2004]

(a) Except for size and color, the “CLASS 9” (miscellaneous hazardous materials) label must be as follows: (b) In addition to complying with

(a) A TAM plan must include an investment prioritization that identifies a provider's programs and projects to improve or manage over the TAM plan horizon period the state of good repair of capital assets for which the provider has direct capital responsibility. (b) A provider must rank projects to improve or manage the state of good repair of capital assets in order of priority and anticipated project year.

(a) The Board delegates to the Managing Director the authority to: (1) Make the final determination, on appeal, as to whether to withhold a Board record from inspection or copying, pursuant to Part 801 of this chapter. (2) Approve for publication in the Federal Register notices concerning issuance of accident reports and safety

not as a legal requirement and is limited to the factual circumstances described in the request for an advisory opinion. The Chief Counsel's advisory opinion shall not be binding upon a Presiding Official conducting a proceeding under subpart I of this part. (c) A statement made or advice provided by an FTA employee constitutes an advisory opinion only if it is issued in writing under this section. A statement or advice given by an FTA employee orally, or given in

involving the performance of safety-sensitive functions). (b) The employer must treat all covered employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., you must not test some covered employees and not others). (c) The employer must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the

control access to, or presence or movement in, such areas. (3) Use, allow to be used, or cause to be used, any approved access medium or identification medium that authorizes the access, presence, or movement of persons or vehicles in secured or restricted areas in any other manner than that for which it was issued by the appropriate authority to meet the requirements of this subchapter. (b) The provisions of paragraph (a) of this

applied to control access to, or presence or movement in, such areas. (3) Use, allow to be used, or cause to be used, any airport-issued or airport-approved access medium or identification medium that authorizes the access, presence, or movement of persons or vehicles in secured areas, AOA's, or SIDA's in any other manner than that for which it was issued by the appropriate authority under this subchapter. (b) The provisions of

(a) This part prescribes aviation security rules governing the following: (1) The operations of aircraft operators holding operating certificates under 14 CFR part 119 for scheduled passenger operations, public charter passenger operations, private charter passenger operations; the operations of aircraft operators holding operating certificates under 14 CFR part 119 operating aircraft with a maximum certificated takeoff weight of