§ 33.127. Exemptions.
(a) Nothing in this subchapter will be construed as restricting the tempory distribution of materials or the performance of work on, over, or adjacent to tracks, if such distribution or performance is necessary in the construction or maintenance of facilities or equipment, provided such distribution and performance is carried out within a reasonable time under conditions reasonably necessary to provide for the safety of all concerned, including proper notice by train order, message, or bulletin.
(b) If, in any particular case, exemption from any of the requirements of this subchapter is deemed necessary by the carrier concerned, the Commission may grant an application by such carrier for such exemption if accompanied by a full statement of conditions existing and the reason why such exemption is requested. Any exemption granted will be limited to the particular case covered by the application.
Source The provisions of this § 33.127 were formerly designated Section 7 by the Commission.
Cross References This section cited in 52 Pa. Code § 33.126 (relating to lesser clearances).
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