cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:4.1.1.1.34.1.137.1 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | A | Subpart A—General | § 240.1 Purpose and scope. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60988, Nov. 8, 1999; 85 FR 81307, Dec. 15, 2020] | (a) The purpose of this part is to ensure that only qualified persons operate a locomotive or train. (b) This part prescribes minimum Federal safety standards for the eligibility, training, testing, certification and monitoring of all locomotive engineers to whom it applies. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements not inconsistent with this part. (c) The locomotive engineer certification requirements prescribed in this part apply to any person who meets the definition of locomotive engineer contained in § 240.7, regardless of the fact that the person may have a job classification title other than that of locomotive engineer. | ||||
| 49:49:4.1.1.1.34.1.137.2 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | A | Subpart A—General | § 240.3 Application and responsibility for compliance. | FRA | [85 FR 81307, Dec. 15, 2020] | (a) This part applies to all railroads, except: (1) Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation ( i.e., plant railroads, as defined in § 240.7); (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in § 240.7; or (3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (b) Although the duties imposed by this part are generally stated in terms of the duty of a railroad, each person, including a contractor for a railroad, who performs any function covered by this part must perform that function in accordance with this part. | ||||
| 49:49:4.1.1.1.34.1.137.3 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | A | Subpart A—General | § 240.5 Effect and construction. | FRA | [85 FR 81307, Dec. 15, 2020] | (a) FRA does not intend, by use of the term locomotive engineer in this part, to alter the terms, conditions, or interpretation of existing collective bargaining agreements that employ other job classification titles when identifying a person authorized by a railroad to operate a locomotive. (b) FRA does not intend by issuance of these regulations to alter the authority of a railroad to initiate disciplinary sanctions against its employees, including managers and supervisors, in the normal and customary manner, including those contained in its collective bargaining agreements. (c) Except as provided in § 240.308, nothing in this part shall be construed to create or prohibit an eligibility or entitlement to employment in other service for the railroad as a result of denial, suspension, or revocation of certification under this part. (d) Nothing in this part shall be deemed to abridge any additional procedural rights or remedies not inconsistent with this part that are available to the employee under a collective bargaining agreement, the Railway Labor Act, or (with respect to employment at will) at common law with respect to removal from service or other adverse action taken as a consequence of this part. | ||||
| 49:49:4.1.1.1.34.1.137.4 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | A | Subpart A—General | § 240.7 Definitions. | FRA | [56 FR 28254, June 19, 1991, as amended at 58 FR 19002, Apr. 9, 1993; 60 FR 53136, Oct. 12, 1995; 64 FR 60989, Nov. 8, 1999; 65 FR 58483, Sept. 29, 2000; 67 FR 24, Jan. 2, 2002; 74 FR 68182, Dec. 23, 2009; 85 FR 81307, Dec. 15, 2020; 90 FR 28127, July 1, 2025] | As used in this part— Administrator means the Administrator of the Federal Railroad Administration or the Administrator's delegate. Alcohol means ethyl alcohol (ethanol) and includes use or possession of any beverage, mixture, or preparation containing ethyl alcohol. Conductor means the crewmember in charge of a “train or yard crew” as defined in part 218 of this chapter. Controlled Substance has the meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR parts 1301-1316). Current Employee is any employee with at least one year of experience in transportation service on a railroad. Designated Supervisor of Locomotive Engineers is a person designated as such by a railroad in accordance with the provisions of § 240.105 of this part. Drug means any substance (other than alcohol) that has known mind or function-altering effects on a human subject, specifically including any psychoactive substance and including, but not limited to, controlled substances. Drug and alcohol counselor (DAC) means a person who meets the credentialing and qualification requirements of a “Substance Abuse Professional” (SAP), as provided in 49 CFR part 40. Dual purpose vehicle means a piece of on-track equipment that is capable of moving railroad rolling stock and may also function as roadway maintenance equipment. File, filed and filing mean submission of a document under this part on the date when the DOT Docket Clerk or FRA receives it, or if sent by mail, the date mailing was completed. FRA means the Federal Railroad Administration. FRA Representative means the FRA Associate Administrator for Railroad Safety/Chief Safety Officer and the Associate Administrator's delegate, including any safety inspector employed by the Federal Railroad Administration and any qualified State railroad safety inspector acting under part 212 of this chapter. Ineligible or ineligibility means that a person is legally disqualified from serving as a ce… | ||||
| 49:49:4.1.1.1.34.1.137.5 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | A | Subpart A—General | § 240.9 Waivers. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60989, Nov. 8, 1999] | (a) A person subject to a requirement of this part may petition the Administrator for a waiver of compliance with such requirement. The filing of such a petition does not affect that person's responsibility for compliance with that requirement while the petition is being considered. (b) Each petition for a waiver under this section must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. | ||||
| 49:49:4.1.1.1.34.1.137.6 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | A | Subpart A—General | § 240.11 Penalties and consequences for noncompliance. | FRA | [56 FR 28254, June 19, 1991] | (a) A person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least $1,114 and not more than $36,439 per violation, except that: Penalties may be assessed against individuals only for willful violations, and, where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused death or injury, a penalty not to exceed $145,754 per violation may be assessed. Each day a violation continues shall constitute a separate offense. See FRA's website at www.fra.dot.gov for a statement of agency civil penalty policy. (b) A person who violates any requirement of this part or causes the violation of any such requirement may be subject to disqualification from all safety-sensitive service in accordance with part 209 of this chapter. (c) A person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. (d) In addition to the enforcement methods referred to in paragraphs (a), (b), and (c) of this section, FRA may also address violations of this part by use of the emergency order, compliance order, and/or injunctive provisions of the Federal rail safety laws. | ||||
| 49:49:4.1.1.1.34.1.137.7 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | A | Subpart A—General | § 240.13 Information collection requirements. | FRA | [56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993] | (a) The information collection requirements of this part were reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ) and are assigned OMB control number 2130-0533. (b) The information collection requirements are found in the following sections: §§ 240.101, 240.103, 240.105, 240.107, 240.109, 240.111, 240.113, 240.115, 240.117, 240.119, 240.121, 240.123, 240.125, 240.127, 240.129, 240.201, 240.205, 240.207, 240.209, 240.211, 240.213, 240.215, 240.219, 240.221, 240.223, 240.227, 240.229, 240.301, 240.303, 240.305, 240.307, 240.309, 240.401, 240.403, 240.405, 240.407, 240.411. | ||||
| 49:49:4.1.1.1.34.2.137.1 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.101 Certification program required. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68182, Dec. 23, 2009] | (a) Each railroad subject to this part shall have in effect a written program for certifying the qualifications of locomotive engineers. (b) Each railroad shall have such a program in effect prior to commencing operations. (c) Each railroad shall have a certification program approved in accordance with § 240.103 that includes: (1) A procedure for designating any person it determines to be qualified as a supervisor of locomotive engineers that complies with the criteria established in § 240.105; (2) A designation of the classes of service that it determines will be used in compliance with the criteria established in § 240.107; (3) A procedure for evaluating prior safety conduct that complies with the criteria established in § 240.109; (4) A procedure for evaluating visual and hearing acuity that complies with the criteria established in § 240.121; (5) A procedure for training that complies with the criteria established in § 240.123; (6) A procedure for knowledge testing that complies with the criteria established in § 240.125; (7) A procedure for skill performance testing that complies with the criteria established in § 240.127; and (8) A procedure for monitoring operational performance that complies with the criteria established in § 240.129. | ||||
| 49:49:4.1.1.1.34.2.137.10 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.117 Criteria for consideration of operating rules compliance data. | FRA | [64 FR 60990, Nov. 8, 1999, as amended at 68 FR 10139, Mar. 3, 2003; 74 FR 68182, Dec. 23, 2009; 85 FR 81311, Dec. 15, 2020] | (a) Each railroad shall adopt and comply with a program which meets the requirements of this section. When any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) A person who has demonstrated a failure to comply, as described in paragraph (e) of this section, with railroad rules and practices for the safe operation of trains shall not be currently certified as a locomotive engineer. (c)(1) A certified locomotive engineer who has demonstrated a failure to comply with railroad rules and practices described in paragraph (e) of this section shall have his or her certification revoked. (2) A Designated Supervisor of Locomotive Engineers, a certified locomotive engineer pilot or an instructor engineer who is monitoring, piloting or instructing a locomotive engineer and fails to take appropriate action to prevent a violation of paragraph (e) of this section, shall have his or her certification revoked. Appropriate action does not mean that a supervisor, pilot or instructor must prevent a violation from occurring at all costs; the duty may be met by warning an engineer of a potential or foreseeable violation. A Designated Supervisor of Locomotive Engineers will not be held culpable under this section when this monitoring event is conducted as part of the railroad's operational compliance tests as defined in §§ 217.9 and 240.303 of this chapter. (3) A certified locomotive engineer who is called by a railroad to perform the duty of a train crew member other than that of locomotive engineer or conductor shall not have his or her certification revoked based on actions taken or not taken while performing that duty. (d) In determining whether a person may be or remain certified as a locomotive engineer, a railroad shall consider as operating rule compliance data only conduct described in paragraphs (e)(… | ||||
| 49:49:4.1.1.1.34.2.137.11 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.119 Criteria for consideration of data on substance abuse disorders and alcohol/drug rules compliance. | FRA | [85 FR 81311, Dec. 15, 2020, as amended at 88 FR 27652, May 2, 2023] | (a) Program requirement. Each railroad shall adopt and comply with a program which complies with the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Determination requirement. Each railroad, prior to initially certifying or recertifying any person as a locomotive engineer for any type of service, shall determine that the person meets the eligibility requirements of this section. (c) Recordkeeping requirement. In order to make the determination required under paragraph (d) of this section, a railroad shall have on file documents pertinent to that determination, including a written document from its DAC which states his or her professional opinion that the person has been evaluated as not currently affected by a substance abuse disorder or that the person has been evaluated as affected by an active substance abuse disorder. (d) Fitness requirement. (1) A person who has an active substance abuse disorder shall be denied certification or recertification as a locomotive engineer. (2) Except as provided in paragraph (g) of this section, a certified locomotive engineer who is determined to have an active substance abuse disorder shall be ineligible to hold certification. Consistent with other provisions of this part, certification may be reinstated as provided in paragraph (f) of this section. (3) In the case of a current employee of the railroad evaluated as having an active substance abuse disorder (including a person identified under the procedures of § 240.115), the employee may, if otherwise eligible, voluntarily self-refer for substance abuse counseling or treatment under the policy required by § 219.1001(b)(1) of this chapter; and the railroad shall then treat the substance abuse evaluation as confidential except with respect to ineligib… | ||||
| 49:49:4.1.1.1.34.2.137.12 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.121 Criteria for vision and hearing acuity data. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60992, Nov. 8, 1999; 85 FR 81312, Dec. 15, 2020] | (a) Each railroad shall adopt and comply with a program which complies with the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) In order to be currently certified as a locomotive engineer, except as permitted by paragraph (e) of this section, a person's vision and hearing shall meet or exceed the standards prescribed in this section and appendix F to this part. It is recommended that each test conducted pursuant to this section should be performed according to any directions supplied by the manufacturer of such test and any American National Standards Institute (ANSI) standards that are applicable. (c) Except as provided in paragraph (e), each person shall have visual acuity that meets or exceeds the following thresholds: (1) For distant viewing either (i) Distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or (ii) Distant visual acuity separately corrected to at least 20/40 (Snellen) with corrective lenses and distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses; (2) A field of vision of at least 70 degrees in the horizontal meridian in each eye; and (3) The ability to recognize and distinguish between the colors of railroad signals as demonstrated by successfully completing one of the tests in appendix F to this part. (d) Except as provided in paragraph (e) of this section, each person shall have a hearing test or audiogram that shows the person's hearing acuity meets or exceeds the following thresholds: The person does not have an average hearing loss in the better ear greater than 40 decibels with or without use of a hearing aid, at 500 Hz, 1,000 Hz, and 2,000 Hz. The hearing test or audiogram shall meet the requirements of one of the following: (1) As requ… | ||||
| 49:49:4.1.1.1.34.2.137.13 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.123 Training. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60992, Nov. 8, 1999; 85 FR 81312, Dec. 15, 2020] | (a) Each railroad shall adopt and comply with a program that meets the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) A railroad shall provide for the continuing education of certified locomotive engineers to ensure that each engineer maintains the necessary knowledge, skill and ability concerning personal safety, operating rules and practices, mechanical condition of equipment, methods of safe train handling (including familiarity with physical characteristics as determined by a qualified Designated Supervisor of Locomotive Engineers), and relevant Federal safety rules. (c) A railroad that elects to train a previously untrained person to be a locomotive engineer shall provide initial training that, at a minimum, complies with the program requirements of § 243.101 of this chapter and: (1) Is composed of classroom, skill performance, and familiarization with physical characteristics components; (2) Includes both knowledge and performance skill testing; (3) Is conducted under the supervision of a qualified class instructor; (4) Is subdivided into segments or periods of appropriate duration to effectively cover the following subject matter areas: (i) Personal safety; (ii) Railroad operating rules and procedures; (iii) Mechanical condition of equipment; (iv) Train handling procedures (including use of locomotive and train brake systems); (v) Familiarization with physical characteristics including train handling; and (vi) Compliance with Federal railroad safety laws, regulations, and orders; and (5) Is conducted so that the performance skill component shall meet the following conditions: (i) Be under the supervision of a qualified instructor engineer located in the same control compartment whenever possible; (ii) Place the student engineer … | ||||
| 49:49:4.1.1.1.34.2.137.14 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.125 Knowledge testing. | FRA | [56 FR 28254, June 19, 1991, as amended at 85 FR 81313, Dec. 15, 2020] | (a) Each railroad shall adopt and comply with a program that meets the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) A railroad shall have procedures for testing a person being evaluated for qualification as a locomotive engineer in either train or locomotive service to determine that the person has sufficient knowledge of the railroad's rules and practices for the safe operation of trains. (c) The testing methods selected by the railroad shall be: (1) Designed to examine a person's knowledge of the railroad's rules and practices for the safe operation of trains; (2) Objective in nature; (3) Administered in written form; (4) Cover the following subjects: (i) Personal safety practices; (ii) Operating practices; (iii) Equipment inspection practices; (iv) Train handling practices including familiarity with the physical characteristics of the territory; and (v) Compliance with Federal railroad safety laws, regulations, and orders; (5) Sufficient to accurately measure the person's knowledge of the covered subjects; and (6) Conducted without open reference books or other materials except to the degree the person is being tested on his or her ability to use such reference books or materials. (d) The conduct of the test shall be documented in writing and the documentation shall contain sufficient information to identify the relevant facts relied on for evaluation purposes. (e) For purposes of paragraph (c) of this section, the railroad must provide the person(s) being tested with an opportunity to consult with a supervisory employee, who possesses territorial qualifications for the territory, to explain a question. (f) The documentation shall indicate whether the person passed or failed the test. (g) If a person fails to pass the test, no r… | ||||
| 49:49:4.1.1.1.34.2.137.15 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.127 Criteria for examining skill performance. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60992, Nov. 8, 1999; 74 FR 68183, Dec. 23, 2009; 85 FR 81313, Dec. 15, 2020] | (a) Each railroad shall adopt and comply with a program which complies with the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) A railroad shall have procedures for examining the performance skills of a person being evaluated for qualification as a locomotive engineer in either train or locomotive service to determine whether the person has the skills to safely operate locomotives and/or trains, including the proper application of the railroad's rules and practices for the safe operation of locomotives or trains, in the most demanding class or type of service that the person will be permitted to perform. (c) The testing procedures selected by the railroad shall be: (1) Designed to examine a person's skills in safely operating locomotives or trains including the proper application of the railroad's rules and practices for the safe operation of locomotives or trains when performing the most demanding class or type of service that the person will be permitted to perform; (2) Conducted by a Designated Supervisor of Locomotive Engineers, who does not need to be qualified on the physical characteristics of the territory over which the test will be conducted; (3) Cover the following subjects during the test period (i) Operating practices; (ii) Equipment inspection practices; (iii) Train handling practices; and (iv) Compliance with Federal safety rules; (4) Be of sufficient length to effectively evaluate the person's ability to operate trains; and (5) Conducted when the person either (i) Is at the controls of the type of train normally operated on that railroad or segment of railroad and which this person might be permitted or required by the railroad to operate in the normal course of events after certification or (ii) Is at the controls of a Ty… | ||||
| 49:49:4.1.1.1.34.2.137.16 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.129 Criteria for monitoring operational performance of certified engineers. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60992, Nov. 8, 1999; 74 FR 68183, Dec. 23, 2009; 85 FR 81313, Dec. 15, 2020] | (a) Each railroad shall adopt and comply with a program which complies with the requirements of this section. When any person, including, but not limited to, each railroad, railroad officer, supervisor, and employee, violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Each railroad shall have a program to monitor the operational performance of those it has determined as qualified as a locomotive engineer in any class of service. The program shall include procedures to address the testing of certified engineers who are not given both an operational monitoring observation and an unannounced compliance test in a calendar year pursuant to paragraph (h) of this section. At a minimum, such procedures shall include the following: (1) A requirement that an operational monitoring observation and an unannounced compliance test must be conducted within 30 days of a return to service as a locomotive engineer; and (2) The railroad must retain a written record indicating the date that the engineer stopped performing service that requires certification pursuant to this part, the date that the engineer returned to performing service that requires certification pursuant to this part, and the dates that the operational monitoring observation and the unannounced compliance test were performed. (c) The procedures for the operational monitoring observation shall: (1) Be designed to determine that the person possesses and routinely employs the skills to safely operate locomotives and/or trains, including the proper application of the railroad's rules and practices for the safe operation of locomotives and trains; (2) Be designed so that each engineer shall be monitored each calendar year by a Designated Supervisor of Locomotive Engineers, who does not need to be qualified on the physical characteristics of the territory over which the operational monitoring observation will be conducted; (3) Be designed… | ||||
| 49:49:4.1.1.1.34.2.137.2 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.103 Approval of design of individual railroad programs by FRA. | FRA | [85 FR 81309, Dec. 15, 2020] | (a) Each railroad shall submit its written certification program and a description of how its program conforms to the specific requirements of this part in accordance with the procedures contained in appendix B to this part and shall submit this written certification program for approval at least 60 days before commencing operations. The primary method for a railroad's submission is by email to FRAOPCERTPROG@dot.gov. For those railroads that are unable to send the program by email, the program may be sent to the Associate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. (b) Each railroad shall: (1) Simultaneous with its filing with FRA, provide a copy of the submission filed pursuant to paragraph (a) of this section, a resubmission filed pursuant to paragraph (f) of this section, or a material modification filed pursuant to paragraph (g) of this section to the president of each labor organization that represents the railroad's employees subject to this part; and (2) Include in its submission filed pursuant to paragraph (a) of this section, a resubmission filed pursuant to paragraph (f) of this section, or a material modification filed pursuant to paragraph (g) of this section a statement affirming that the railroad has provided a copy to the president of each labor organization that represents the railroad's employees subject to this part, together with a list of the names and addresses of persons provided a copy. (c) Not later than 45 days from the date of filing a submission pursuant to paragraph (a) of this section, a resubmission pursuant to paragraph (f) of this section, or a material modification pursuant to paragraph (g) of this section, any designated representative of railroad employees subject to this part may comment on the submission, resubmission, or material modification. (1) Each comment shall set forth specifically the basis upon which it is made, and contain a concise statement of the interest of the c… | ||||
| 49:49:4.1.1.1.34.2.137.3 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.104 Criteria for determining whether movement of roadway maintenance equipment or a dual purpose vehicle requires a certified locomotive engineer. | FRA | [64 FR 60990, Nov. 8, 1999] | (a) A railroad is not required to use a certified locomotive engineer to perform the following functions: (1) Operate specialized roadway maintenance equipment; or (2) Operate a dual purpose vehicle that is: (i) Being operated in conjunction with roadway maintenance and related maintenance of way functions, including traveling to and from the work site; (ii) Moving under authority of railroad operating rules designated for the movement of roadway maintenance equipment that ensure the protection of such equipment from train movements; and (iii) Being operated by an individual trained and qualified in accordance with §§ 214.341, 214.343, and 214.355 of this chapter. (b) A railroad is required to use a certified locomotive engineer when operating a dual purpose vehicle other than in accordance with paragraph (a)(2) of this section. | ||||
| 49:49:4.1.1.1.34.2.137.4 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.105 Criteria for selection of designated supervisors of locomotive engineers. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60990, Nov. 8, 1999; 85 FR 81309, Dec. 15, 2020] | (a) Each railroad's program shall include criteria and procedures for implementing this section. (b) The railroad shall examine any person it is considering for qualification as a supervisor of locomotive engineers to determine that he or she: (1) Knows and understands the requirements of this part; (2) Can appropriately test and evaluate the knowledge and skills of locomotive engineers; (3) Has the necessary supervisory experience to prescribe appropriate remedial action for any noted deficiencies in the training, knowledge or skills of a person seeking to obtain or retain certification; and (4) Is a certified engineer who is qualified on the physical characteristics of the portion of the railroad on which that person will perform the duties of a Designated Supervisor of Locomotive Engineers. (c) If a railroad does not have any Designated Supervisors of Locomotive Engineers, and wishes to hire one, the chief operating officer of the railroad shall make a determination in writing that the Designated Supervisor of Locomotive Engineers designate possesses the necessary performance skills in accordance with § 240.127. This determination shall take into account any special operating characteristics which are unique to that railroad. (d) Each railroad is authorized to designate a person as a designated supervisor of locomotive engineers with additional conditions or operational restrictions on the service the person may perform. | ||||
| 49:49:4.1.1.1.34.2.137.5 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.107 Types of service. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68182, Dec. 23, 2009; 85 FR 81309, Dec. 15, 2020] | (a) Each railroad's program shall state which of the three classes of service, provided for in paragraph (b) of this section, that it will cover. (b) A railroad may issue certificates for any or all of the following classes of service: (1) Train service engineers, (2) Locomotive servicing engineers, and (3) Student engineers. (c) The following operational constraints apply to each class of service: (1) Train service engineers may operate locomotives singly or in multiples and may move them with or without cars coupled to them; (2) Locomotive servicing engineers may operate locomotives singly or in multiples but may not move them with cars coupled to them; and (3) Student engineers may operate only under direct and immediate supervision of an instructor engineer. (d) Each railroad is authorized to impose additional conditions or operational restrictions on the service an engineer may perform beyond those identified in this section provided those conditions or restrictions are not inconsistent with this part. (e) A railroad shall not reclassify the certification of any type of certified engineer to a more restrictive class of certificate or a student engineer certificate during the period in which the certification is otherwise valid. | ||||
| 49:49:4.1.1.1.34.2.137.6 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.109 General criteria for eligibility based on prior safety conduct. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68182, Dec. 23, 2009] | (a) Each railroad's program shall include criteria and procedures to implement this section. (b) A railroad shall evaluate the prior safety conduct of any person it is considering for qualification as a locomotive engineer and the program shall require that a person is ineligible if the person has an adverse record of prior safety conduct as provided for in § 240.115, § 240.117, or § 240.119. (c) The program shall require evaluation of data which reflect the person's prior safety conduct as a railroad employee and the person's prior safety conduct as an operator of a motor vehicle, provided that there is relevant prior conduct. The information to be evaluated shall include: (1) The relevant data furnished from the evaluating railroad's own records, if the person was previously an employee of that railroad; (2) The relevant data furnished by any other railroad formerly employing the person; and (3) The relevant data furnished by any governmental agency with pertinent motor vehicle driving records. (d) The railroad's process for evaluating information concerning prior safety conduct shall be designed to conform wherever necessary with the procedural requirements of §§ 240.111, 240.113, 240.115, 240.117, 240.119, and 240.217. (e) When evaluating a person's motor vehicle driving record or a person's railroad employment record, a railroad shall not consider information concerning motor vehicle driving incidents or prior railroad safety conduct that occurred at a time other than that specifically provided for in § 240.115, § 240.117 or § 240.119 of this subpart. (f) A railroad's program shall provide a candidate for certification or recertification a reasonable opportunity to review and comment in writing on any record which contains information concerning the person's prior safety conduct, including information pertinent to determinations required under § 240.119 of this subpart, if the railroad believes the record contains information that could be sufficient to render the person ineligible for certification … | ||||
| 49:49:4.1.1.1.34.2.137.7 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.111 Individual's duty to furnish data on prior safety conduct as motor vehicle operator. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60990, Nov. 8, 1999; 74 FR 25175, May 27, 2009; 74 FR 68182, Dec. 23, 2009; 85 FR 81309, Dec. 15, 2020] | (a) Except for persons covered by § 240.109(h), each person seeking certification or recertification under this part shall, within 366 days preceding the date of the railroad's decision on certification or recertification: (1) Take the actions required by paragraphs (b) through (f) or paragraph (g) of this section to make information concerning his or her driving record available to the railroad that is considering such certification or recertification; and (2) Take any additional actions, including providing any necessary consent required by State, Federal, or foreign law to make information concerning his or her driving record available to that railroad. (b) Each person seeking certification or recertification under this part shall: (1) Request, in writing, that the chief of each driver licensing agency identified in paragraph (c) of this section provide a copy of that agency's available information concerning his or her driving record to the railroad that is considering such certification or recertification; and (2) Request, in accordance with the provisions of paragraph (d) or (e) of this section, that a check of the National Driver Register be performed to identify additional information concerning his or her driving record and that any resulting information be provided to that railroad. (c) Each person shall request the information required under paragraph (b)(1) of this section from: (1) The chief of the driver licensing agency of any jurisdiction, including a State or foreign country, which last issued that person a driver's license; and (2) The chief of the driver licensing agency of any other jurisdiction, including states or foreign countries, that issued or reissued him or her a driver's license within the preceding five years. (d) Each person shall request the information required under paragraph (b)(2) of this section from the Chief, National Driver Register, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 in accordance with the procedures con… | ||||
| 49:49:4.1.1.1.34.2.137.8 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.113 Individual's duty to furnish data on prior safety conduct as an employee of a different railroad. | FRA | [85 FR 81310, Dec. 15, 2020] | (a) Except for persons covered by § 240.109(h), each person seeking certification or recertification under this part shall, within 366 days preceding the date of the railroad's decision on certification or recertification: (1) Request, in writing, that the chief operating officer or other appropriate person of the former employing railroad provide a copy of that railroad's available information concerning his or her service record pertaining to compliance or non-compliance with §§ 240.111, 240.117, and 240.119 to the railroad that is considering such certification or recertification; and (2) Take any additional actions, including providing any necessary consent required by State or Federal law to make information concerning his or her service record available to that railroad. (b) [Reserved] | ||||
| 49:49:4.1.1.1.34.2.137.9 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | B | Subpart B—Component Elements of the Certification Process | § 240.115 Criteria for consideration of prior safety conduct as a motor vehicle operator. | FRA | [85 FR 81310, Dec. 15, 2020] | (a) Each railroad shall adopt and comply with a program meeting the requirements of this section. When any person (including, but not limited to, each railroad, railroad officer, supervisor, and employee) violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) Except as provided in paragraphs (c) through (f) of this section, each railroad, prior to initially certifying or recertifying any person as a locomotive engineer for any type of service, shall determine that the person meets the eligibility requirements of this section involving prior conduct as a motor vehicle operator. (c) A railroad shall initially certify a person as a locomotive engineer for 60 days if the person: (1) Requested the information required by paragraph (h) of this section at least 60 days prior to the date of the decision to certify that person; and (2) Otherwise meets the eligibility requirements provided in § 240.109. (d) A railroad shall recertify a person as a locomotive engineer for 60 days from the expiration date of that person's certification if the person: (1) Requested the information required by paragraph (h) of this section at least 60 days prior to the date of the decision to recertify that person; and (2) Otherwise meets the eligibility requirements provided in § 240.109. (e) Except as provided in paragraph (f) of this section, if a railroad which certified or recertified a person pursuant to paragraph (c) or (d) of this section does not obtain and evaluate the information required pursuant to paragraph (h) of this section within 60 days of the pertinent dates identified in paragraph (c) or (d) of this section, that person will be ineligible to perform as a locomotive engineer until the information can be evaluated. (f) If a person requests the information required pursuant to paragraph (h) of this section but is unable to obtain it, that person or the railroad certifying or recertifying that per… | ||||
| 49:49:4.1.1.1.34.3.137.1 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.201 Implementation. | FRA | [74 FR 68183, Dec. 23, 2009] | (a) Each railroad shall designate in writing any person(s) it deems qualified as a designated supervisor of locomotive engineers. Each person so designated shall have demonstrated to the railroad through training, testing or prior experience that he or she has the knowledge, skills, and ability to be a designated supervisor of locomotive engineers. (b) Each railroad shall designate in writing all persons that it will deem to be qualified as certified locomotive engineers for the purpose of initial compliance with paragraph (d) of this section, except as provided for in paragraph (h) of this section. (1) Each person so designated shall have demonstrated to the railroad through training, testing or prior experience that he or she has the knowledge and skills to be a certified locomotive engineer. (2) Each railroad shall issue a certificate that complies with § 240.223 to each person that it designates as qualified under the provisions of paragraph (b) of this section. (c) No railroad shall permit or require a person, designated as qualified for certification under the provisions of paragraph (b) of this section, to perform service as a certified locomotive or train service engineer for more than a 36-month period unless that person has been determined to be qualified in accordance with procedures that comply with subpart C. (d) No railroad shall permit or require any person to operate a locomotive in any class of locomotive or train service unless that person has been certified as a qualified locomotive engineer and issued a certificate that complies with § 240.223. (e) No Class I railroad (including the National Railroad Passenger Corporation) or railroad providing commuter service shall designate any person it deems qualified as a designated supervisor of locomotive engineers or initially certify or recertify a person as a locomotive engineer in either locomotive or train service unless that person has been tested, evaluated, and determined to be qualified in accordance with procedures that comply with subp… | ||||
| 49:49:4.1.1.1.34.3.137.10 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.219 Denial of certification. | FRA | [56 FR 28254, June 19, 1991, as amended at 85 FR 81315, Dec. 15, 2020] | (a) A railroad shall notify a candidate for certification or recertification of information known to the railroad that forms the basis for denying the person certification and provide the person a reasonable opportunity to explain or rebut that adverse information in writing prior to denying certification. A railroad shall provide the locomotive engineer candidate with any written documents or records, including written statements, related to failure to meet a requirement of this part that support its pending denial decision. (b) This section does not require further opportunity to comment if the railroad's denial is based solely on factors addressed by §§ 240.115, 240.117, and 240.119 and the opportunity to comment afforded by those sections has been provided. (c) If a railroad denies a person certification or recertification, it shall notify the person of the adverse decision and explain, in writing, the basis for its denial decision. The basis for a railroad's denial decision shall address any explanation or rebuttal information that the locomotive engineer candidate may have provided in writing pursuant to paragraph (a) of this section. The document explaining the basis for the denial shall be served on the person within 10 days after the railroad's decision and shall give the date of the decision. (d) A railroad shall not deny the person's certification for failing to comply with a railroad operating rule or practice that constitutes a violation under § 240.117(e)(1) through (5) if sufficient evidence exists to establish that an intervening cause prevented or materially impaired the engineer's ability to comply with that railroad operating rule or practice. | ||||
| 49:49:4.1.1.1.34.3.137.11 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.221 Identification of qualified persons. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68184, Dec. 23, 2009; 85 FR 81315, Dec. 15, 2020] | (a) A railroad shall maintain a written record identifying each person designated by it as a supervisor of locomotive engineers. (b) A railroad shall maintain a written record identifying each person designated as a certified locomotive engineer. That listing of certified engineers shall indicate the class of service the railroad determines each person is qualified to perform and date of the railroad's certification decision. (c) If a railroad is responsible for controlling joint operations territory, the listing shall include person(s) certified in accordance with § 240.229. (d) The listing required by paragraphs (a), (b), and (c) of this section shall: (1) Be updated at least annually; (2) Be available at the divisional or regional headquarters of the railroad; and (3) Be available for inspection or copying by FRA during regular business hours. (e) It shall be unlawful for any railroad to knowingly or any individual to willfully: (1) Make, cause to be made, or participate in the making of a false entry on the list required by this section; or (2) Otherwise falsify such list through material misstatement, omission, or mutilation. (f) Nothing in this section precludes a railroad from maintaining the list required under this section in an electronic format provided that: (1) The railroad maintains an information technology security program adequate to ensure the integrity of the electronic data storage system, including the prevention of unauthorized access to the program logic or the list; (2) The program and data storage system must be protected by a security system that utilizes an employee identification number and password, or a comparable method, to establish appropriate levels of program access meeting all of the following standards: (i) No two individuals have the same electronic identity; and (ii) An entry on the list cannot be deleted or altered by any individual after the entry is certified by the employee who created the entry; (3) Any amendment to the list is either: (i) Electronically… | ||||
| 49:49:4.1.1.1.34.3.137.12 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.223 Criteria for the certificate. | FRA | [56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993; 64 FR 60993, Nov. 8, 1999; 85 FR 81315, Dec. 15, 2020] | (a) As a minimum, each certificate issued in compliance with this part shall: (1) Identify the railroad or parent company that is issuing it; (2) Indicate that the railroad, acting in conformity with this part, has determined that the person to whom it is being issued has been determined to be qualified to operate a locomotive; (3) Identify the person to whom it is being issued (including the person's name, employee identification number, the year of birth, and either a physical description or photograph of the person); (4) Identify any conditions or limitations, including the class of service or conditions to ameliorate vision or hearing acuity deficiencies, that restrict the person's operational authority; (5) Show the effective date of each certification held; (6) Be signed by a supervisor of locomotive engineers or other individual designated in accordance with paragraph (b) of this section; (7) Show the date of the person's last operational monitoring event as required by §§ 240.129(c) and 240.303(b), unless that information is reflected on supplementary documents which the locomotive engineer has in his or her possession when operating a locomotive; and (8) Be of sufficiently small size to permit being carried in an ordinary pocket wallet. (b) Each railroad to which this part applies shall designate in writing any person, other than a supervisor of locomotive engineers, that it authorizes to sign the certificates described in this section. The designation can identify such persons by name or job title. (c) Nothing in paragraph (a) of this section shall prohibit any railroad from including additional information on the certificate or supplementing the certificate through other documents. (d) It shall be unlawful for any railroad to knowingly or any individual to willfully: (1) Make, cause to be made, or participate in the making of a false entry on that certificate; or (2) Otherwise falsify that certificate through material misstatement, omission, or mutilation. | ||||
| 49:49:4.1.1.1.34.3.137.13 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.225 Reliance on qualification determinations made by other railroads. | FRA | [85 FR 81315, Dec. 15, 2020] | (a) A railroad that is considering certification of a person as a qualified engineer may rely on determinations made by another railroad concerning that person's qualifications. The railroad's certification program shall address how the railroad will administer the training of previously uncertified engineers with extensive operating experience or previously certified engineers who have had their certification expire. If a railroad's certification program fails to specify how it will train a previously certified engineer hired from another railroad, then the railroad shall require the newly hired engineer to take the hiring railroad's entire training program. (b) A railroad relying on another's certification shall determine that: (1) The prior certification is still valid in accordance with the provisions of §§ 240.201, 240.217, and 240.307; (2) The prior certification was for the same classification of locomotive or train service as the certification being issued under this section; (3) The person has received training on and visually observed the physical characteristics of the new territory in accordance with § 240.123; (4) The person has demonstrated the necessary knowledge concerning the railroad's operating rules in accordance with § 240.125; and (5) The person has demonstrated the necessary performance skills concerning the railroad's operating rules in accordance with § 240.127. | ||||
| 49:49:4.1.1.1.34.3.137.14 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.227 Reliance on qualification requirements of other countries. | FRA | (a) A railroad that conducts joint operations with a Canadian railroad may certify, for the purposes of compliance with this part, that a person is qualified to be a locomotive or train service engineer provided it determines that: (1) The person is employed by the Canadian railroad; and (2) The person meets or exceeds the qualifications standards issued by Transport Canada for such service. (b) Any Canadian railroad that is required to comply with this regulation may certify that a person is qualified to be a locomotive or train service engineer provided it determines that: (1) The person is employed by the Canadian railroad; and (2) The person meets or exceeds the qualifications standards issued by Transport Canada for such service. | |||||
| 49:49:4.1.1.1.34.3.137.15 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.229 Requirements for joint operations territory. | FRA | [56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993; 64 FR 60993, Nov. 8, 1999] | (a) Except for minimal joint operations provided for in paragraph (f) of this section, no railroad that is responsible for controlling the conduct of joint operations with another railroad shall permit or require any person to operate a locomotive in any class of train or engine service unless that person has been certified as a qualified locomotive engineer for the purposes of joint operations and issued a certificate that complies with § 240.223. (b) Each railroad that is responsible for controlling the conduct of joint operations with another railroad shall certify a person as a qualified locomotive engineer for the purposes of joint operations either by making the determinations required under subpart C of this part or by relying on the certification issued by another railroad under this part. (c) A railroad that controls joint operations may rely on the certification issued by another railroad under the following conditions: (1) The controlling railroad shall determine: (i) That the person has been certified as a qualified engineer under the provisions of this part by the railroad which employs that individual; (ii) That the person certified as a locomotive engineer by the other railroad has demonstrated the necessary knowledge concerning the controlling railroad's operating rules, if the rules are different; (iii) That the person certified as a locomotive engineer by the other railroad has the necessary operating skills concerning the joint operations territory; and (iv) That the person certified as a locomotive engineer by the other railroad has the necessary familiarity with the physical characteristics for the joint operations territory; and, (2) The railroad which employs the individual shall determine that the person called to operate on the controlling railroad is a certified engineer who is qualified to operate on that track segment; and (3) Each locomotive engineer who is called to operate on another railroad shall: (i) Be qualified on the segment of track upon which he or she will operate… | ||||
| 49:49:4.1.1.1.34.3.137.16 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.231 Requirements for locomotive engineers unfamiliar with physical characteristics in other than joint operations. | FRA | [64 FR 60993, Nov. 8, 1999] | (a) Except as provided in paragraph (b) of this section, no locomotive engineer shall operate a locomotive over a territory unless he or she is qualified on the physical characteristics of the territory pursuant to the railroad's certification program. (b) Except as provided in paragraph (c) of this section, if a locomotive engineer lacks qualification on the physical characteristics required by paragraph (a) of this section, he or she shall be assisted by a pilot qualified over the territory pursuant to the railroad's certification program. (1) For a locomotive engineer who has never been qualified on the physical characteristics of the territory over which he or she is to operate a locomotive or train, the pilot shall be a person qualified and certified as a locomotive engineer who is not an assigned crew member. (2) For a locomotive engineer who was previously qualified on the physical characteristics of the territory over which he or she is to operate a locomotive or train, but whose qualification has expired, the pilot may be any person, who is not an assigned crew member, qualified on the physical characteristics of the territory. (c) Pilots are not required if the movement is on a section of track with an average grade of less than 1% over 3 continuous miles, and (1) The track is other than a main track; or (2) The maximum distance the locomotive or train will be operated does not exceed one mile; or (3) The maximum authorized speed for any operation on the track does not exceed 20 miles per hour; or (4) Operations are conducted under operating rules that require every locomotive and train to proceed at a speed that permits stopping within one half the range of vision of the locomotive engineer. | ||||
| 49:49:4.1.1.1.34.3.137.2 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.203 Determinations required as a prerequisite to certification. | FRA | [56 FR 28254, June 19, 1991, as amended at 60 FR 53136, Oct. 12, 1995; 74 FR 68183, Dec. 23, 2009] | (a) Except as provided in paragraph (b), each railroad, prior to initially certifying or recertifying any person as an engineer for any class of service, shall, in accordance with its FRA-approved program determine in writing that: (1) The individual meets the eligibility requirements of §§ 240.115, 240.117 and 240.119; and (2) The individual meets the vision and hearing acuity standards of § 240.121; (3) The individual has the necessary knowledge, as demonstrated by successfully completing a test that meets the requirements of § 240.125; (4) The individual has the necessary applied knowledge and operating performance skills, as demonstrated by successfully completing an operational performance test that meets the requirements of § 240.127; and (5) Where a person has not previously been certified, that the person has completed a training program that meets the requirements of § 240.123. (b) A railroad may certify a person as a student engineer after determining that the person meets the vision and hearing acuity standards of § 240.121. A railroad may subsequently certify that student engineer as either a locomotive servicing engineer or a train service engineer without further review of his or her acuity status provided it determines that: (1) The person successfully completed a training program that complies with § 240.123; (2) The person meets the eligibility requirements of §§ 240.109 and 240.119; and (3) A period of not more than twenty-four months has elapsed since the student engineer certification was issued. | ||||
| 49:49:4.1.1.1.34.3.137.3 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.205 Procedures for determining eligibility based on prior safety conduct. | FRA | [85 FR 81314, Dec. 15, 2020] | (a) Each railroad, prior to initially certifying or recertifying any person as an engineer for any class of service other than student, shall determine that the person meets the eligibility requirements of § 240.115 involving prior conduct as a motor vehicle operator, § 240.117 involving prior conduct as a railroad worker, and § 240.119 involving substance abuse disorders and alcohol/drug rules compliance. (b) In order to make the determination required under paragraph (a) of this section, a railroad shall have on file documents pertinent to the determinations referred to in paragraph (a) of this section, including a written document from its DAC either reflecting his or her professional opinion that the person has been evaluated as not currently affected by a substance abuse disorder or that the person has been evaluated as affected by an active substance abuse disorder and is ineligible for certification. | ||||
| 49:49:4.1.1.1.34.3.137.4 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.207 Procedures for making the determination on vision and hearing acuity. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68184, Dec. 23, 2009; 85 FR 81314, Dec. 15, 2020] | (a) Each railroad, prior to initially certifying or recertifying any person as an engineer for any class of service, shall determine that the person meets the standards for visual acuity and hearing acuity prescribed in § 240.121. (b) In order to make the determination required under paragraph (a), a railroad shall have on file either: (1) A medical examiner's certificate that the individual has been medically examined and meets these acuity standards; or (2) A written document from its medical examiner documenting his or her professional opinion that the person does not meet one or both acuity standards and stating the basis for his or her determination that: (i) The person can nevertheless be certified under certain conditions; or (ii) The person's acuity is such that he or she cannot safely operate a locomotive even with conditions attached. (c) Any examination required for compliance with this section shall be performed by or under the supervision of a medical examiner or a licensed physician's assistant such that: (1) A licensed optometrist or a technician responsible to that person may perform the portion of the examination that pertains to visual acuity; and (2) A licensed or certified audiologist or a technician responsible to that person may perform the portion of the examination that pertains to hearing acuity. (d) If the examination required under this section discloses that the person needs corrective lenses or a hearing aid, or both, either to meet the threshold acuity levels established in § 240.121 or to meet a lower threshold determined by the railroad's medical examiner to be sufficient to safely operate a locomotive or train on that railroad, that fact shall be noted on the certificate issued in accordance with the provisions of this part. (e) Any person with such a certificate notation shall use the relevant corrective device(s) while operating a locomotive in locomotive or train service unless the railroad's medical examiner subsequently determines in writing that the person can safe… | ||||
| 49:49:4.1.1.1.34.3.137.5 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.209 Procedures for making the determination on knowledge. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68184, Dec. 23, 2009; 85 FR 81314, Dec. 15, 2020] | (a) Each railroad, prior to initially certifying or recertifying any person as an engineer for any class of train or locomotive service, shall determine that the person has, in accordance with the requirements of § 240.125 of this part, demonstrated sufficient knowledge of the railroad's rules and practices for the safe operation of trains. (b) In order to make the determination required by paragraph (a) of this section, a railroad shall have written documentation showing that the person either: (1) Exhibited his or her knowledge by achieving a passing grade in testing that complies with this part; or (2) Did not achieve a passing grade in such testing. (c) If a person fails to achieve a passing score under the testing procedures required by this part, no railroad shall permit or require that person to operate a locomotive as a locomotive or train service engineer prior to that person's achieving a passing score during a reexamination of his or her knowledge. | ||||
| 49:49:4.1.1.1.34.3.137.6 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.211 Procedures for making the determination on performance skills. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68184, Dec. 23, 2009; 85 FR 81314, Dec. 15, 2020] | (a) Each railroad, prior to initially certifying or recertifying any person as an engineer for any class of train or locomotive service, shall determine that the person has demonstrated, in accordance with the requirements of § 240.127 of this part, the skills to safely operate locomotives or locomotives and trains, including the proper application of the railroad's rules and practices for the safe operation of locomotives or trains, in the most demanding class or type of service that the person will be permitted to perform. (b) In order to make this determination, a railroad shall have written documentation showing the person either: (1) Exhibited his or her knowledge by achieving a passing grade in testing that complies with this part; or (2) Did not achieve a passing grade in such testing. (c) If a person fails to achieve a passing score under the testing and evaluation procedures required by this part, no railroad shall permit or require that person to operate a locomotive as a locomotive or train service engineer prior to that person's achieving a passing score during a reexamination of his or her performance skills. (d) No railroad shall permit a designated supervisor of locomotive engineers to test, examine or evaluate his or her own performance skills when complying with this section. | ||||
| 49:49:4.1.1.1.34.3.137.7 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.213 Procedures for making the determination on completion of training program. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60992, Nov. 8, 1999; 74 FR 68184, Dec. 23, 2009] | (a) Each railroad, prior to the initial issuance of a certificate to any person as a train or locomotive service engineer, shall determine that the person has, in accordance with the requirements of § 240.123 of this part, the knowledge and skills to safely operate a locomotive or train in the most demanding class or type of service that the person will be permitted to perform. (b) In making this determination, a railroad shall have written documentation showing that: (1) The person completed a training program that complies with § 240.123 of this part; (2) The person demonstrated his or her knowledge and skills by achieving a passing grade under the testing and evaluation procedures of that training program; and (3) A qualified Designated Supervisor of Locomotive Engineers has determined that the person is familiar with the physical characteristics of the railroad or its pertinent segments. | ||||
| 49:49:4.1.1.1.34.3.137.8 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.215 Retaining information supporting determinations. | FRA | [56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993; 74 FR 68184, Dec. 23, 2009; 85 FR 81314, Dec. 15, 2020] | (a) A railroad that issues, denies, or revokes a certificate after making the determinations required under § 240.203 shall maintain a record for each certified engineer or applicant for certification that contains the information the railroad relied on in making the determinations. (b) The information concerning eligibility that the railroad shall retain includes: (1) Any relevant data from the railroad's records concerning the person's prior safety conduct; (2) Any relevant data furnished by another railroad; (3) Any relevant data furnished by a governmental agency concerning the person's motor vehicle driving record; and (4) Any relevant data furnished by the person seeking certification concerning his or her eligibility. (c) The information concerning vision and hearing acuity that the railroad shall retain includes: (1) The relevant test results data concerning acuity; and, (2) If applicable, the relevant data concerning the professional opinion of the railroad's medical examiner on the adequacy of the person's acuity. (d) The information concerning demonstrated knowledge that the railroad shall retain includes: (1) Any relevant data from the railroad's records concerning the person's success or failure of the passage of knowledge test(s); and (2) A sample copy of the written knowledge test or tests administered. (e) The information concerning demonstrated performance skills that the railroad shall retain includes: (1) The relevant data from the railroad's records concerning the person's success or failure on the performance skills test(s) that documents the relevant operating facts on which the evaluation is based including the observations and evaluation of the designated supervisor of locomotive engineers; (2) If a railroad relies on the use of a locomotive operations simulator to conduct the performance skills testing required under this part, the relevant data from the railroad's records concerning the person's success or failure on the performance skills test(s) that documents the relevan… | ||||
| 49:49:4.1.1.1.34.3.137.9 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | C | Subpart C—Implementation of the Certification Process | § 240.217 Time limitations for making determinations. | FRA | [56 FR 28254, June 19, 1991, as amended at 58 FR 19003, Apr. 9, 1993; 60 FR 53137, Oct. 12, 1995; 64 FR 60992, Nov. 8, 1999; 74 FR 68184, Dec. 23, 2009; 85 FR 81314, Dec. 15, 2020] | (a) A railroad shall not certify or recertify a person as a qualified locomotive engineer in any class of train or engine service, if the railroad is making a determination concerning: (1) Eligibility and the eligibility data being relied on was furnished more than 366 days before the date of the railroad's certification decision; (2) Visual and hearing acuity and the medical examination being relied on was conducted more than 450 days before the date of the railroad's recertification decision; (3) Demonstrated knowledge and the knowledge examination being relied on was conducted more than 366 days before the date of the railroad's certification decision; (4) Demonstrated knowledge and the knowledge examination being relied on was conducted more than 24 months before the date of the railroad's certification decision if the railroad administers a knowledge testing program pursuant to § 240.125 at intervals that do not exceed 24 months; or (5) Demonstrated performance skills and the performance skill testing being relied on was conducted more than 366 days before the date of the railroad's certification decision. (b) The time limitations of paragraph (a) of this section do not apply to a railroad that is making a certification decision in reliance on determinations made by another railroad in accordance with paragraph (c)(2) of this section, § 240.227, or § 240.229. (c) Except as provided in § 240.201 concerning implementation dates for initial certification decisions and paragraph (b) of this section, no railroad shall: (1) Certify a person as a qualified locomotive engineer for an interval of more than 36 months; or (2) Rely on a certification issued by another railroad that is more than 36 months old. (d) A railroad shall issue each person designated as a certified locomotive engineer a certificate that complies with § 240.223 no later than 30 days from the date of its decision to certify or recertify that person. | ||||
| 49:49:4.1.1.1.34.4.137.1 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | D | Subpart D—Administration of the Certification Program | § 240.301 Replacement of certificates. | FRA | [85 FR 81316, Dec. 15, 2020] | (a) A railroad shall have a system for the prompt replacement of lost, stolen or mutilated certificates at no cost to engineers. That system shall be reasonably accessible to certified locomotive engineers in need of a replacement certificate or temporary replacement certificate. (b) At a minimum, a temporary replacement certificate must identify the person to whom it is being issued (including the person's name, identification number and year of birth); indicate the date of issuance; and be authorized by a supervisor of locomotive engineers or other individual designated in accordance with § 240.223(b). Temporary replacement certificates may be delivered electronically and are valid for a period no greater than 30 days. | ||||
| 49:49:4.1.1.1.34.4.137.2 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | D | Subpart D—Administration of the Certification Program | § 240.303 Operational monitoring requirements. | FRA | [56 FR 28254, June 19, 1991, as amended at 74 FR 68184, Dec. 23, 2009; 85 FR 81316, Dec. 15, 2020] | (a) Each railroad to which this part applies shall, prior to FRA approval of its program in accordance with § 240.201, have a program to monitor the conduct of its certified locomotive engineers by performing both operational monitoring observations and by conducting unannounced operating rules compliance tests. (b) The program shall be conducted so that each locomotive engineer, except as provided in § 240.129(h), shall be given at least one operational monitoring observation by a qualified supervisor of locomotive engineers in each calendar year. (c) The program shall be conducted so that each locomotive engineer, except as provided in § 240.129(h), shall be given at least one unannounced, compliance test each calendar year. (d) The unannounced test program shall: (1) Test engineer compliance with: (i) One or more provisions of the railroad's operating rules that require response to signals that display less than a “clear” aspect, if the railroad operates with a signal system that must comply with part 236 of this chapter; (ii) One or more provisions of the railroad's operating rules, timetable or other mandatory directives that require affirmative response by the locomotive engineer to less favorable conditions than that which existed prior to initiation of the test; or (iii) Provisions of the railroad's operating rules, timetable or other mandatory directives the violations of which by engineers were cited by the railroad as the cause of train accidents or train incidents in accident reports filed in compliance with part 225 of this chapter for the preceding year; (2) Be conducted that so that the administration of these tests is effectively distributed throughout whatever portion of a 24-hour day that the railroad conducts its operations; (3) Be conducted so that individual tests are administered without prior notice to the locomotive engineer being tested; and (4) Be conducted so that the results of the test are recorded on the certificate and entered on the record established under § 240.215 with… | ||||
| 49:49:4.1.1.1.34.4.137.3 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | D | Subpart D—Administration of the Certification Program | § 240.305 Prohibited conduct. | FRA | [56 FR 28254, June 19, 1991, as amended at 58 FR 19004, Apr. 9, 1993; 64 FR 60993, Nov. 8, 1999; 74 FR 68184, Dec. 23, 2009; 85 FR 81316, Dec. 15, 2020] | (a) It shall be unlawful to: (1) Operate a locomotive or train past a signal indication, excluding a hand or a radio signal indication or a switch, that requires a complete stop before passing it; or (2) Operate a locomotive or train at a speed which exceeds the maximum authorized limit by at least 10 miles per hour. Where restricted speed is in effect, only those violations of the conditional clause of restricted speed rules (i.e., the clause that requires stopping within one half of the locomotive engineer's range of vision), or the operational equivalent thereof, which cause reportable accidents or incidents under part 225 of this chapter, shall be considered instances of failure to adhere to this section; or (3) Operate a locomotive or train without adhering to procedures for the safe use of train or engine brakes when the procedures are required for compliance with the Class I, Class IA, Class II, Class III, or transfer train brake test provisions of 49 CFR part 232 or when the procedures are required for compliance with the class 1, class 1A, class II, or running brake test provisions of 49 CFR part 238; (4) Fail to comply with any mandatory directive concerning the movement of a locomotive or train by occupying main track or a segment of main track without proper authority or permission; (5) Fail to comply with prohibitions against tampering with locomotive mounted safety devices, or knowingly operate or permit to be operated a train with an unauthorized disabled safety device in the controlling locomotive. (See 49 CFR part 218, subpart D, and appendix C to part 218); (6) Be a Designated Supervisor of Locomotive Engineers, a certified locomotive engineer pilot or an instructor engineer who is monitoring, piloting or instructing a locomotive engineer and fails to take appropriate action to prevent a violation of paragraphs (a)(1) through (a)(5) of this section. Appropriate action does not mean that a supervisor, pilot or instructor must prevent a violation from occurring at all costs; the duty may be … | ||||
| 49:49:4.1.1.1.34.4.137.4 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | D | Subpart D—Administration of the Certification Program | § 240.307 Revocation of certification. | FRA | [58 FR 19004, Apr. 9, 1993, as amended at 60 FR 53137, Oct. 12, 1995; 64 FR 60994, Nov. 8, 1999; 74 FR 68185, Dec. 23, 2009; 85 FR 81316, Dec. 15, 2020] | (a) Except as provided for in § 240.119(e), a railroad that certifies or recertifies a person as a qualified locomotive engineer and, during the period that certification is valid, acquires reliable information regarding violation(s) of § 240.117(e) or § 240.119(c) shall revoke the person's engineer certificate. (b) Pending a revocation determination under this section, the railroad shall: (1) Upon receipt of reliable information regarding violation(s) of § 240.117(e) or § 240.119(c), immediately suspend the person's certificate; (2) Prior to or upon suspending the person's certificate, provide notice of the reason for the suspension, the pending revocation, and an opportunity for a hearing before a presiding officer other than the investigating officer. The notice may initially be given either orally or in writing. If given orally, it must be confirmed in writing and the written confirmation must be made promptly. Written confirmation which conforms to the notification provisions of an applicable collective bargaining agreement shall be deemed to satisfy the written confirmation requirements of this section. In the absence of an applicable collective bargaining agreement provision, the written confirmation must be made within 96 hours. (3) Convene the hearing within the deadline prescribed by either paragraph (c)(1) of this section or the applicable collective bargaining agreement as permitted under paragraph (d) of this section; (4) No later than the convening of the hearing and notwithstanding the terms of an applicable collective bargaining agreement, the railroad convening the hearing shall provide the person with a copy of the written information and list of witnesses the railroad will present at the hearing. If requested, a recess to the start of the hearing will be granted if that information is not provided until just prior to the convening of the hearing. If the information was provided through statements of an employee of the convening railroad, the railroad will make that employee available for e… | ||||
| 49:49:4.1.1.1.34.4.137.5 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | D | Subpart D—Administration of the Certification Program | § 240.308 Multiple certifications. | FRA | [85 FR 81317, Dec. 15, 2020] | (a) A person may hold both conductor and locomotive engineer certification. (b) A railroad that issues multiple certificates to a person, shall, to the extent possible, coordinate the expiration date of those certificates. (c) Except as provided in paragraph (d) of this section, a locomotive engineer, including a remote control operator, who is operating a locomotive without an assigned certified conductor must either be: (1) Certified as both a locomotive engineer under this part and as a conductor under part 242 of this chapter; or (2) Accompanied by a person certified as a conductor under part 242 of this chapter but who will be attached to the crew in a manner similar to that of an independent assignment. (d) If the conductor is removed from a passenger train for a medical, police or other such emergency after the train departs from an initial terminal, the train may proceed to the first location where the conductor can be replaced without incurring undue delay without the locomotive engineer being a certified conductor. However, an assistant conductor or brakeman must be on the train and the locomotive engineer must be informed that there is no certified conductor on the train prior to any movement. (e) During the duration of any certification interval, a person who holds a current conductor and/or locomotive engineer certificate from more than one railroad shall immediately notify the other certifying railroad(s) if he or she is denied conductor or locomotive engineer recertification under § 240.219 or § 242.401 of this chapter or has his or her conductor or locomotive engineer certification revoked under § 240.307 or § 242.407 of this chapter by another railroad. (f) A person who holds a current conductor and locomotive engineer certificate and who has had his or her conductor certification revoked under § 242.407 of this chapter for a violation of § 242.403(e)(1) through (5) or (12) of this chapter may not work as a locomotive engineer during the period of revocation. However, a person who holds a … | ||||
| 49:49:4.1.1.1.34.4.137.6 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | D | Subpart D—Administration of the Certification Program | § 240.309 Railroad oversight responsibilities. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60994, Nov. 8, 1999; 74 FR 68185, Dec. 23, 2009; 85 FR 81317, Dec. 15, 2020] | (a) No later than March 31 of each year, each Class I railroad (including the National Railroad Passenger Corporation and a railroad providing commuter service) and Class II railroad shall conduct a formal annual review and analysis concerning the administration of its program for responding to detected instances of poor safety conduct by certified locomotive engineers during the prior calendar year. (b) Each review and analysis shall involve: (1) The number and nature of the instances of detected poor safety conduct including the nature of the remedial action taken in response thereto; (2) The number and nature of FRA reported train accidents attributed to poor safety performance by locomotive engineers; (3) The number and type of operational monitoring test failures and observations of inadequate skill performance recorded by supervisors of locomotive engineers; and (4) If the railroad conducts joint operations with another railroad, the number of locomotive engineers employed by the other railroad(s) that: Were involved in events described in this paragraph (b) and were determined to be certified and to have possessed the necessary territorial qualifications for joint operations purposes by the controlling railroad. (c) Based on that review and analysis each railroad shall determine what action(s) it will take to improve the safety of train operations to reduce or eliminate future incidents of that nature. (d) If requested in writing by FRA, the railroad shall provide a report of the findings and conclusions reached during such annual review and analysis effort. (e) For reporting purposes, information about the nature of detected poor safety conduct shall be capable of segregation for study and evaluation purposes into the following categories: (1) Incidents involving noncompliance with part 218 of this chapter; (2) Incidents involving noncompliance with part 219 of this chapter; (3) Incidents involving noncompliance with the procedures for the safe use of train or engine brakes when the procedures … | ||||
| 49:49:4.1.1.1.34.5.137.1 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | E | Subpart E—Dispute Resolution Procedures | § 240.401 Review board established. | FRA | [85 FR 81318, Dec. 15, 2020] | (a) Any person who has been denied certification, denied recertification, or has had his or her certification revoked and believes that a railroad incorrectly determined that he or she failed to meet the certification requirements of this part when making the decision to deny or revoke certification, may petition the Federal Railroad Administrator to review the railroad's decision. (b) The Administrator has delegated initial responsibility for adjudicating such disputes to the Operating Crew Review Board. (c) The Operating Crew Review Board shall be composed of employees of the Federal Railroad Administration selected by the Administrator. | ||||
| 49:49:4.1.1.1.34.5.137.2 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | E | Subpart E—Dispute Resolution Procedures | § 240.403 Petition requirements. | FRA | [56 FR 28254, June 19, 1991, as amended at 64 FR 60995, Nov. 8, 1999; 64 FR 70196, Dec. 16, 1999; 74 FR 25175, May 27, 2009; 85 FR 81318, Dec. 15, 2020] | (a) To obtain review of a railroad's decision to deny certification, deny recertification, or revoke certification, a person shall file a petition for review that complies with this section. (b) Each petition shall: (1) Be in writing; (2) Be filed with the Docket Clerk, U.S. Department of Transportation, Docket Operations (M-30), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The form of such request may be in written or electronic form consistent with the standards and requirements established by the Federal Docket Management System and posted on its website at http://www.regulations.gov; (3) Contain all available information that the person thinks supports the person's belief that the railroad acted improperly, including: (i) The petitioner's full name; (ii) The petitioner's current mailing address; (iii) The petitioner's daytime telephone number; (iv) The petitioner's email address (if available); (v) The name and address of the railroad; and (vi) The facts that the petitioner believes constitute the improper action by the railroad, specifying the locations, dates, and identities of all persons who were present or involved in the railroad's actions (to the degree known by the petitioner); (4) Explain the nature of the remedial action sought; (5) Be supplemented by a copy of all written documents in the petitioner's possession or reasonably available to the petitioner that document that railroad's decision; (6) Be filed in a timely manner; and (7) Be supplemented, if requested by the Operating Crew Review Board, with a copy of the information under 49 CFR 40.329 that laboratories, medical review officers, and other service agents are required to release to employees. The petitioner must provide written explanation in response to an Operating Crew Review Board request if written documents that should be reasonably available to the petitioner are not supplied. (c) A petition seeking review of a railroad's decision to deny certification or recertification… | ||||
| 49:49:4.1.1.1.34.5.137.3 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | E | Subpart E—Dispute Resolution Procedures | § 240.405 Processing certification review petitions. | FRA | [85 FR 81318, Dec. 15, 2020] | (a) Each petition shall be acknowledged in writing by FRA. The acknowledgment shall contain the docket number assigned to the petition and a statement of FRA's intention that the Board will attempt to render a decision on this petition within 180 days from the date that the railroad's response is received or from the date upon which the railroad's response period has lapsed pursuant to paragraph (c) of this section. (b) Upon receipt of the petition, FRA will notify the railroad that it has received the petition and where the petition may be accessed. (c) Within 60 days from the date of the notification provided in paragraph (b) of this section, the railroad may submit to FRA any information that the railroad considers pertinent to the petition. Late filings will only be considered to the extent practicable. (d) A railroad that submits such information shall: (1) Identify the petitioner by name and the docket number of the review proceeding and provide the railroad's email address (if available); (2) Serve a copy of the information being submitted to FRA to the petitioner and petitioner's representative, if any; and (3) File the information with the Docket Clerk, U.S. Department of Transportation, Docket Operations (M-30), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. The form of such information may be in written or electronic form consistent with the standards and requirements established by the Federal Docket Management System and posted on its website at http://www.regulations.gov. (e) Each petition will then be referred to the Operating Crew Review Board for a decision. (f) Based on the record, the Board shall have the authority to grant, deny, dismiss, or remand the petition. (g) If the Board finds that there is insufficient basis for granting or denying the petition, the Board shall issue an order affording the parties an opportunity to provide additional information or argument consistent with its findings. (h) When considering factual issues, the Boa… | ||||
| 49:49:4.1.1.1.34.5.137.4 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | E | Subpart E—Dispute Resolution Procedures | § 240.407 Request for a hearing. | FRA | [60 FR 53137, Oct. 12, 1995, as amended at 64 FR 70196, Dec. 16, 1999; 74 FR 25175, May 27, 2009; 85 FR 81319, Dec. 15, 2020] | (a) If adversely affected by the Operating Crew Review Board's decision, either the petitioner before the Board or the railroad involved shall have a right to an administrative proceeding as prescribed by § 240.409. (b) To exercise that right, the adversely affected party shall, within 20 days of service of the Board's decision on that party, file a written request with the U.S. Department of Transportation, Docket Operations (M-30), West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. The form of such request may be in written or electronic form consistent with the standards and requirements established by the Federal Docket Management System and posted on its web site at http://www.regulations.gov. (c) If a party fails to request a hearing within the period provided in paragraph (b) of this section, the Operating Crew Review Board's decision will constitute final agency action. (d) If a party elects to request a hearing, that person shall submit a written request to the Docket Clerk containing the following: (1) The name, address, telephone number, and email address (if available) of the respondent and the requesting party's designated representative, if any; (2) The specific factual issues, industry rules, regulations, or laws that the requesting party alleges need to be examined in connection with the certification decision in question; and (3) The signature of the requesting party or the requesting party's representative, if any. (e) Upon receipt of a hearing request complying with paragraph (d) of this section, FRA shall arrange for the appointment of a presiding officer who shall schedule the hearing for the earliest practicable date. | ||||
| 49:49:4.1.1.1.34.5.137.5 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | E | Subpart E—Dispute Resolution Procedures | § 240.409 Hearings. | FRA | [60 FR 53137, Oct. 12, 1995, as amended at 85 FR 81319, Dec. 15, 2020] | (a) An administrative hearing for a locomotive engineer certification petition shall be conducted by a presiding officer, who can be any person authorized by the Administrator, including an administrative law judge. (b) The presiding officer may exercise the powers of the Administrator to regulate the conduct of the hearing for the purpose of achieving a prompt and fair determination of all material issues in controversy. (c) The presiding officer shall convene and preside over the hearing. The hearing shall be a de novo hearing to find the relevant facts and determine the correct application of this part to those facts. The presiding officer may determine that there is no genuine issue covering some or all material facts and limit evidentiary proceedings to any issues of material fact as to which there is a genuine dispute. (d) The presiding officer may authorize discovery of the types and quantities which in the presiding officer's discretion will contribute to a fair hearing without unduly burdening the parties. The presiding officer may impose appropriate non-monetary sanctions, including limitations as to the presentation of evidence and issues, for any party's willful failure or refusal to comply with approved discovery requests. (e) Every petition, motion, response, or other authorized or required document shall be signed by the party filing the same, or by a duly authorized officer or representative of record, or by any other person. If signed by such other person, the reason therefor must be stated and the power of attorney or other authority authorizing such other person to subscribe the document must be filed with the document. The signature of the person subscribing any document constitutes a certification that he or she has read the document; that to the best of his or her knowledge, information and belief every statement contained in the document is true and no such statements are misleading; and that it is not interposed for delay or to be vexatious. (f) After the request for a hearing is fi… | ||||
| 49:49:4.1.1.1.34.5.137.6 | 49 | Transportation | II | 240 | PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS | E | Subpart E—Dispute Resolution Procedures | § 240.411 Appeals. | FRA | [56 FR 28254, June 19, 1991, as amended at 60 FR 53138, Oct. 12, 1995; 64 FR 60995, Nov. 8, 1999; 74 FR 25175, May 27, 2009; 85 FR 81319, Dec. 15, 2020] | (a) Any party aggrieved by the presiding officer's decision may file an appeal in the presiding officer's docket. The appeal must be filed within 35 days of issuance of the decision. A copy of the appeal shall be served on each party. The appeal shall set forth objections to the presiding officer's decision, supported by reference to applicable laws and regulations and with specific reference to the record. If no appeal is timely filed, the presiding officer's decision constitutes final agency action. (b) A party may file a reply to the appeal within 25 days of service of the appeal. The reply shall be supported by reference to applicable laws and regulations and with specific reference to the record, if the party relies on evidence contained in the record. (c) The Administrator may extend the period for filing an appeal or a response for good cause shown, provided that the written request for extension is served before expiration of the applicable period provided in this section. (d) The Administrator has sole discretion to permit oral argument on the appeal. On the Administrator's own initiative or written motion by any party, the Administrator may grant the parties an opportunity for oral argument. (e) The Administrator may remand, vacate, affirm, reverse, alter or modify the decision of the presiding officer and the Administrator's decision constitutes final agency action except where the terms of the Administrator's decision (for example, remanding a case to the presiding officer) show that the parties' administrative remedies have not been exhausted. (f) An appeal from an Operating Crew Review Board decision pursuant to § 240.403(d) must be filed in the Board's docket within 35 days of issuance of the decision. A copy of the appeal shall be served on each party. The Administrator may affirm or vacate the Board's decision, and may remand the petition to the Board for further proceedings. An Administrator's decision to affirm the Board's decision constitutes final agency action. |
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