---
kind: "section"
citation: "49 C.F.R. § 211.51"
title: "49"
number: "211.51"
heading: "Tests."
url: "https://uscodex.org/cfr/49/211.51"
---

# §211.51. Tests.

- (a) **Pursuant to the Department of Transportation Act (80 Stat.** 931, [49 U.S.C. 1651](/usc/49/1651.md) et seq.), the Federal Railroad Safety Act of 1970 (84 Stat. 971, 45 U.S.C. [421](/usc/45/421.md), [431-441](/usc/45/431-441.md)), or both, the Administrator may temporarily suspend compliance with a substantive rule of the Federal Railroad Administration, if:
  - (1) The suspension is necessary to the conduct of a Federal Railroad Administration approved test program designed to evaluate the effectiveness of new technology or operational approaches or instituted in furtherance of a present or proposed rulemaking proceeding;
  - (2) The suspension is limited in scope and application to such relief as may be necessary to facilitate the conduct of the test program; and
  - (3) **The suspension is conditioned on the observance of standards sufficient to assure safety.**
- (b) When required by statute, a notice is published in the Federal Register, an opportunity is provided for public comment, and a hearing is held in accordance with [§ 211.25](/cfr/49/211.25.md), before the FRA approved test program is implemented.
- (c) When the Administrator approves suspension of compliance with any rule in connection with a test program, a description of the test program containing an explanatory statement responsive to [paragraph (a)](#a) of this section is published in the Federal Register.

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20107, 20114, 20306, 20502-20504, and 49 CFR 1.89.

### Source

Source: 41 FR 54181, Dec. 13, 1976, unless otherwise noted.