NAC705.010. Exemption from provisions of chapter: Application; authority of Commission.

     1. Any natural person, partnership, firm or corporation engaged in the business of operating a railroad within the State of Nevada, or any governmental agency, may apply to the Commission for exemption from any or all of the provisions of this chapter. The application must be in writing and must set forth the reasons for which the exemption is sought.

     2. Each application must be accompanied by proof that a copy of the complete application was served on all railroads using the railroad lines upon which exemption is sought and upon the city or county in which the site of the proposed exemption is located.

     3. The Commission may dispense with a hearing and, except as otherwise provided in subsection 4 and NAC 705.321, either grant or deny the application if no protest to the exemption is filed within 30 days by or on behalf of any interested party served with a copy of the application.

     4. The Commission will grant an exemption from the provisions of NAC 705.160 to 705.187, inclusive, only if it determines that compliance is, under the totality of the circumstances, not necessary to ensure the safety of railroad employees and other persons who have duties in proximity to trains.

     5. Any exemption granted is limited to the particular case covered by the application.

     6. The Commission will designate a reasonable duration for any exemption granted pursuant to this section.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 13, eff. 6-21-76]—(NAC A by Pub. Utilities Comm’n by R051-01, 12-17-2001)