HARRY HUGHES, Governor

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(2) UNTIL UNLESS SUPERSEDED BY A STANDARD OR
REGULATION PROMULGATED IN ACCORDANCE WITH THE PROCEDURES
PRESCRIBED IN THIS SECTION.

(F)  UPON REQUEST OF A RAILROAD, THE COMMISSIONER SHALL
CONVENE A HEARING AND RECEIVE EVIDENCE PERTAINING TO ANY
EMERGENCY TEMPORARY STANDARD. WITHIN 10 DAYS AFTER THE
REQUEST OF A RAILROAD, THE COMMISSIONER SHALL EITHER REVOKE,
MODIFY, OR CONTINUE THE EMERGENCY TEMPORARY STANDARD. A
RAILROAD AGGRIEVED BY AN EMERGENCY TEMPORARY STANDARD SHALL
HAVE THE RIGHT OF AN IMMEDIATE APPEAL TO A COURT OF
COMPETENT JURISDICTION AND THE COURT SHALL HEAR AND DECIDE
THE APPEAL.

(G)  THE PROVISIONS OF THIS SUBTITLE MAY NOT APPLY TO
ANY ACCEPTABLE WORKING CONDITIONS DEFINED IN A COLLECTIVE
BARGAINING AGREEMENT.

86.

(A)  ANY AFFECTED OWNER OF A RAILROAD COMPANY MAY APPLY
IN WRITING TO THE COMMISSIONER FOR AN ORDER FOR VARIANCE
FROM ANY RULE, REGULATION, OR STANDARD PROMULGATED UNDER
THIS SUBTITLE.

(B)  AFTER A HEARING, THE COMMISSIONER MAY GRANT
EXCEPTIONS FROM THE RULES, REGULATIONS, AND STANDARDS
ADOPTED PURSUANT TO THIS SUBTITLE, IF:

(1)  IT IS EVIDENT THAT ACTION IS NECESSARY TO
PREVENT UNDUE OPERATIONAL OR ECONOMIC HARDSHIP; OR

(2)  EXISTING CONDITIONS PREVENT PRACTICAL
COMPLIANCE AND THE COMMISSIONER BELIEVES DETERMINES THE
REASONABLE SAFETY OF THE PUBLIC AND EMPLOYEES OF THE
RAILROAD COMPANY CAN BE ASSURED.

87.

(A) EVERY RAILROAD COMPANY OPERATING A RAILROAD IN THE
STATE SHALL:

(1) MAKE, KEEP, AND MAKE AVAILABLE TO THE

COMMISSIONER, REPORTS REGARDING ITS ACTIVITIES RELATING TO
THIS SUBTITLE;

(2) MAINTAIN ACCURATE RECORDS OF AND PERIODIC
REPORTS ON DEATHS AND INJURIES TO PERSONS AND DAMAGES TO
PROPERTY INCURRED IN THE OPERATION OF ITS RAILROAD IN THE
STATE; AND

(3) ON THE BASIS OF THE RECORDS MADE AND KEPT
FILE REPORTS WITH THE COMMISSIONER THAT MAY BE PRESCRIBED BY
REGULATION.