NAC705.040. Deviation from overhead and side clearances.

     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 authority to deviate from the provisions of NAC 705.020 and 705.030.

     2. Any application must be in writing and must set forth the reasons relied upon by the applicant for the requested deviation. Except as provided in NAC 705.010, the Commission will not authorize a deviation from the provisions of NAC 705.020 and 705.030, which would reduce the minimum overhead clearance to less than 20 feet 6 inches and the minimum side clearance to less than 8 feet 6 inches. In no event will the Commission authorize a deviation without a hearing after notice to the operator of the railroad involved in the absence of the filing of a written consent of the operator of the railroad to the deviation.

     3. Except as provided in this subsection and subsection 4, no deviation, if authorized without a hearing having been held, will be allowed to continue for a period in excess of 6 months. At any time during the last 30 days of the 6-month period, the applicant may apply to the Commission for authority to extend an authorized deviation for an additional 3-month period. Upon good cause shown, the Commission will grant a requested extension for an additional 3 months. At any time during the last 30 days of the 3-month extension, the applicant may apply to the Commission for authority to extend an authorized deviation for a second 3-month period. Upon good cause shown, the Commission will grant a requested extension for a second 3-month period, but under no circumstances will a further extension be considered or granted.

     4. Nothing in this section prohibits authorization of exemptions or deviations for longer periods of time than specified in this section upon formal application, notice to affected parties and hearing.

     5. Upon receipt of authority to deviate from NAC 705.020 and 705.030, the applicant shall cause to be served upon all interested persons adequate and sufficient notice of its intention to deviate as authorized. Such notice must include, but not be limited to, the following:

     (a) The location of the subject overhead or side structure;

     (b) The contemplated duration of the deviation authorized;

     (c) The actual overhead or side clearance, which will be in effect for the duration of the authorized deviation; and

     (d) The date on which the authorized deviation is to be exercised.

     [Pub. Service Comm’n, Railroad Gen. Order 11 § 12, eff. 6-21-76]