[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR235.20] [Page 485] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 235--INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR RELIEF FROM THE REQUIREMENTS OF PART 236--Table of Contents Sec. 235.20 Protests. (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) The original and two copies of any protest 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. 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. Appendix A to Part 235--Schedule of Civil Penalties\1\ --------------------------------------------------------------------------- \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 $20,000 for any violation where circumstances warrant. See 49 CFR part 209, appendix A. ------------------------------------------------------------------------ Willful Section Violation violation ------------------------------------------------------------------------ 235.5 Changes requiring filing of application $5,000 $7,500 ------------------------------------------------------------------------ [53 FR 52936, Dec. 29, 1988]