(a) The Commissioner shall allow variances in accordance with this section. (b) Any affected railroad company may apply in writing to the Commissioner for an order for a variance from any regulation or health and safety standard adopted under this title. (c) After a hearing, the Commissioner may grant a variance from the regulations and standards adopted under this title, if: (1) that action is necessary to prevent undue operational or economic hardship; or (2) (i) existing conditions prevent practical compliance; and (ii) the Commissioner determines the reasonable safety of the public and employees of the railroad company can be assured.
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