(a) A protest against the granting of an application shall set forth specifically the grounds upon which it is made, and contain a concise statement of the interest of protestant in the proceeding.
(b) Protests shall be filed with the Associate Administrator for Safety, Federal Railroad Administration, Washington, DC 20590, and one copy shall be furnished to each applicant.
(c) Protests should be filed within the time limit set forth in the public notice.
(d) The protestant shall certify that service of a copy of its protest was made upon each applicant.
(e) Request for hearing must be accompanied with a showing why the protestant is unable to properly present his or her position by written statements. [49 FR 3380, Jan. 26, 1984 as amended at 74 FR 25174, May 27, 2009]
Effective Date Note: At 49 FR 3380, Jan. 26, 1984, part 235 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.
Sec. Appendix A to Part 235--Schedule of Civil Penalties \1\ ------------------------------------------------------------------------
Willful
Section Violation violation------------------------------------------------------------------------235.5 Changes requiring filing of application $5,000 $7,500------------------------------------------------------------------------\1\ A penalty may be assessed against an individual only for a willful
violation. The Administrator reserves the right to assess a penalty of
up to $105,000 for any violation where circumstances warrant. See 49
CFR part 209, appendix A. [53 FR 52936, Dec. 29, 1988, as amended at 69 FR 62818, Oct. 28, 2004; 77 FR 24422, Apr. 24, 2012]