cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
40 rows where part_number = 242 and title_number = 49 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, amendment_citations
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:4.1.1.1.36.1.137.1 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | A | Subpart A—General | § 242.1 Purpose and scope. | FRA | (a) The purpose of this part is to ensure that only those persons who meet minimum Federal safety standards serve as conductors, to reduce the rate and number of accidents and incidents and to improve railroad safety. (b) This part prescribes minimum Federal safety standards for the eligibility, training, testing, certification and monitoring of all conductors to whom it applies. This part does not restrict a railroad from adopting and enforcing additional or more stringent requirements consistent with this part. (c) The conductor certification requirements prescribed in this part apply to any person who meets the definition of conductor contained in § 242.7, regardless of the fact that the person may have a job classification title other than that of conductor. | |||||
| 49:49:4.1.1.1.36.1.137.2 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | A | Subpart A—General | § 242.3 Application and responsibility for compliance. | FRA | (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 § 242.7); (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in § 242.7; 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. | |||||
| 49:49:4.1.1.1.36.1.137.3 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | A | Subpart A—General | § 242.5 Effect and construction. | FRA | (a) FRA does not intend, by use of the term conductor 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 who is the crew member in charge of a movement that requires a locomotive engineer. (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 § 242.213, 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. | |||||
| 49:49:4.1.1.1.36.1.137.4 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | A | Subpart A—General | § 242.7 Definitions. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 85 FR 81324, Dec. 15, 2020; 90 FR 28127, July 1, 2025] | As used in this part— Administrator means the Administrator of the FRA 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. See also the definition of “passenger conductor” in this section. 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). 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 Docket Clerk 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 certified conductor. The term covers a number of circumstances in which a person may not serve as a certified conductor. Revocation of certification pursuant to § 242.407 and denial of certification pursuant to § 242.401 are two example… | ||||
| 49:49:4.1.1.1.36.1.137.5 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | A | Subpart A—General | § 242.9 Waivers. | FRA | (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. | |||||
| 49:49:4.1.1.1.36.1.137.6 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | A | Subpart A—General | § 242.11 Penalties and consequences for noncompliance. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 77 FR 24423, Apr. 24, 2012; 81 FR 43113, July 1, 2016; 82 FR 16135, Apr. 3, 2017; 83 FR 60750, Nov. 27, 2018; 84 FR 23737, May 23, 2019; 84 FR 37075, July 31, 2019; 86 FR 1760, Jan. 11, 2021; 86 FR 23256, May 3, 2021; 87 FR 15870, Mar. 21, 2022; 88 FR 1129, Jan. 6, 2023; 88 FR 89564, Dec. 28, 2023; 89 FR 106297, Dec. 30, 2024] | (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. | ||||
| 49:49:4.1.1.1.36.1.137.7 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | A | Subpart A—General | § 242.13 Information collection requirements. | FRA | (a) The information collection requirements of this Part are being reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ) and have not yet been assigned an OMB control number. (b) The information collection requirements are found in the following sections: §§ 242.9, 242.101, 242.103, 242.105, 242.107, 242.109, 242.111, 242.113, 242.115, 242.117, 242.119, 242.121, 242.123, 242.125, 242.127, 242.203, 242.205, 242.209, 242.211, 242.213, 242.215, 242.301, 242.401, 242.403, 242.405, and 242.407. | |||||
| 49:49:4.1.1.1.36.2.137.1 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.101 Certification program required. | FRA | (a) After the pertinent date specified in § 242.105(d) or (e), each railroad shall have a certification program approved in accordance with § 242.103 that includes: (1) A designation of the types of service that it determines will be used in compliance with the criteria established in § 242.107; (2) A procedure for evaluating prior safety conduct that complies with the criteria established in § 242.109; (3) A procedure for evaluating visual and hearing acuity that complies with the criteria established in § 242.117; (4) A procedure for training that complies with the criteria established in § 242.119; (5) A procedure for knowledge testing that complies with the criteria established in § 242.121; and (6) A procedure for monitoring operational performance that complies with the criteria established in § 242.123. (b) [Reserved] | |||||
| 49:49:4.1.1.1.36.2.137.10 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.119 Training. | FRA | (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 which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) After the pertinent date specified in § 242.105(d) or (e), each railroad, prior to the initial issuance of a certificate to any person as a conductor, shall determine that the person has, in accordance with the requirements of this section, the knowledge to safely perform as a conductor in each type of service that the person will be permitted to perform. (c) In making this determination, a railroad shall have written documentation showing that: (1) The person completed a training program that complies with paragraph (d) of this section; (2) The person demonstrated his or her knowledge by achieving a passing grade under the testing and evaluation procedures of that training program; and (3) The person demonstrated that he or she is qualified on the physical characteristics of the railroad, or its pertinent segments, over which that person will perform service. (d) A railroad that elects to train a previously untrained person to be a conductor shall develop an initial training program which, at a minimum, includes the following: (1) Determine how training must be structured, developed, and delivered, including an appropriate combination of classroom, simulator, computer-based, correspondence, on-the-job training, or other formal training. The curriculum shall be designed to impart knowledge of, and ability to comply with applicable Federal railroad safety laws, regulations, and orders, as well as any relevant railroad rules and procedures promulgated to implement those applicable Federal railroad safety laws, regulations, and orders. This training shall document a person's knowledge of, and ability to comply with, Federal railroa… | |||||
| 49:49:4.1.1.1.36.2.137.11 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.121 Knowledge testing. | FRA | (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 which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) After the pertinent date specified in § 242.105(d) or (e), each railroad, prior to initially certifying or recertifying any person as a conductor for any type of service, shall determine that the person has, in accordance with the requirements of this section, demonstrated sufficient knowledge of the railroad's rules and practices for the safe movement of trains. (c) In order to make the knowledge determination required by paragraph (b) of this section, a railroad shall have procedures for testing a person being evaluated for certification as a conductor that shall be: (1) Designed to examine a person's knowledge of the railroad's operating rules and practices for the safe movement of trains; (2) Objective in nature; (3) Administered in written or electronic form; (4) Cover the following subjects: (i) Safety and operating rules; (ii) Timetable instructions; (iii) Compliance with all applicable Federal regulations; (iv) Physical characteristics of the territory on which a person will be or is currently serving as a conductor; and (v) Use of any job aid that a railroad may provide a conductor; (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) b… | |||||
| 49:49:4.1.1.1.36.2.137.12 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.123 Monitoring operational performance. | FRA | (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 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 conduct of its certified conductors by performing unannounced operating rules compliance tests. The program shall include procedures to address the testing of certified conductors who are not given an unannounced compliance test in a calendar year pursuant to paragraph (f) of this section. At a minimum, such procedures shall include the following: (1) A requirement that an unannounced compliance test must be conducted within 30 days of a return to conductor service; and (2) The railroad must retain a written record indicating the date that the conductor stopped performing service that requires certification pursuant to this part, the date that the conductor returned to performing service that requires certification pursuant to this part, and the date that the unannounced compliance test was performed. (c) Except as provided in paragraph (f) of this section, each conductor shall be given at least one unannounced compliance test in each calendar year by a railroad officer who meets the requirements of § 217.9(b)(1) of this chapter. (d) The unannounced test program shall: (1) Test those persons certified as a conductor pursuant to § 242.107(b)(1) for compliance with one or more operational tests in accordance with the provisions of § 217.9 of this chapter; and one or more provisions of §§ 218.99 through 218.109 of this chapter; and (2) Test those persons certified as a passenger conductor pursuant to § 242.107(b)(2) for compliance with one or more operational tests in accordance with the provisions of § 217.9 of this chapter. (i) For persons certified as passenger conductors pursua… | |||||
| 49:49:4.1.1.1.36.2.137.13 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.125 Certification determinations made by other railroads. | FRA | (a) A railroad that is considering certification of a person as a conductor may rely on determinations made by another railroad concerning that person's certification. The railroad's certification program shall address how the railroad will administer the training of previously uncertified conductors with extensive operating experience or previously certified conductors who have had their certification expire. If a railroad's certification program fails to specify how it will train a previously certified conductor hired from another railroad, then the railroad shall require the newly hired conductor to take the hiring railroad's entire training program. (b) A railroad relying on another railroad's certification shall determine that: (1) The prior certification is still valid in accordance with the provisions of §§ 242.201 and 242.407; (2) The prior certification was for the same type of service as the certification being issued under this section; (3) The person has received training on the physical characteristics of the new territory in accordance with § 242.119; and (4) The person has demonstrated the necessary knowledge concerning the railroad's operating rules in accordance with § 242.121. | |||||
| 49:49:4.1.1.1.36.2.137.14 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.127 Reliance on qualification requirements of other countries. | FRA | A Canadian railroad that is required to comply with this regulation or a railroad that conducts joint operations with a Canadian railroad may certify that a person is eligible to be a conductor provided it determines that: (a) The person is employed by the Canadian railroad; and (b) The person meets or exceeds the qualifications standards issued by Transport Canada for such service. | |||||
| 49:49:4.1.1.1.36.2.137.2 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.103 Approval of design of individual railroad programs by FRA. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 77 FR 6491, Feb. 8, 2012; 85 FR 81324, Dec. 15, 2020] | (a) Each railroad shall submit its written certification program and request for approval in accordance with the procedures contained in appendix B of this part according to the following schedule: (1) A Class I railroad (including the National Railroad Passenger Corporation), Class II railroad, or railroad providing commuter service shall submit a program no later than September 30, 2012; and (2) A Class III railroad (including a switching and terminal or other railroad not otherwise classified) shall submit a program no later than January 31, 2013. (b) A railroad commencing operations after the pertinent date specified in paragraph (a) of this section shall submit its written certification program and request for approval in accordance with the procedures contained in appendix B to this part at least 60 days prior to 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. (c) Each railroad shall: (1) Simultaneous with its filing with FRA, provide a copy of the submission filed pursuant to paragraph (a) or (b) of this section, a resubmission filed pursuant to paragraph (h) of this section, or a material modification filed pursuant to paragraph (i) 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) or (b) of this section, a resubmission filed pursuant to paragraph (h) of this section, or a material modification filed pursuant to paragraph (i) 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 person… | ||||
| 49:49:4.1.1.1.36.2.137.3 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.105 Schedule for implementation. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 77 FR 6491, Feb. 8, 2012] | (a) By September 1, 2012, each railroad shall: (1) In writing, designate as certified conductors all persons authorized by the railroad to perform the duties of a conductor as of January 1, 2012; and (2) Issue a certificate that complies with § 242.207 to each person that it designates. (b) After September 1, 2012, each railroad shall: (1) In writing, designate as a certified conductor any person who has been authorized by the railroad to perform the duties of a conductor between January 1, 2012 and the pertinent date in paragraph (d) or (e) of this section; and (2) Issue a certificate that complies with § 242.207 to each person that it designates. (c) No railroad shall permit or require a person, designated as a certified conductor under the provisions of paragraph (a) or (b) of this section, to perform service as a certified conductor for more than a 36-month period beginning on the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of paragraph (d) or (e) of this section unless that person has been certified in accordance with procedures that comply with subpart B of this part. (1) Except as provided in paragraph (c)(3) of this section, a person who has been designated as a certified conductor under the provisions of paragraph (a) or (b) of this section and who is eligible to receive a retirement pension in accordance with the terms of an applicable agreement or in accordance with the terms of the Railroad Retirement Act (45 U.S.C. 231) within 36 months from the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of paragraph (d) or (e) of this section, may request, in writing, that a railroad not recertify that person, pursuant to subpart B of this part, until 36 months from the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of paragraph (d) or (e) of this section. (2) Upon rec… | ||||
| 49:49:4.1.1.1.36.2.137.4 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.107 Types of service. | FRA | (a) Each railroad's program shall state which of the two types of service (conductor and passenger conductor), provided for in paragraph (b) of this section, that it will cover. (b) A railroad may issue certificates for either of the following types of service: (1) Conductor; and (2) Passenger conductor. (c) A railroad shall not reclassify the certification of any type of certified conductor to a different type of conductor certification during the period in which the certification is otherwise valid except when a conductor completes the emergency training identified in part 239 of this chapter and is certified as a passenger conductor. (d) Each railroad is authorized to impose additional conditions or operational restrictions on the service a conductor may perform beyond those identified in this section provided those conditions or restrictions are not inconsistent with this part. | |||||
| 49:49:4.1.1.1.36.2.137.5 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.109 Determinations required for certification and recertification. | FRA | (a) After the pertinent date specified in § 242.105(d) or (e), each railroad, prior to initially certifying or recertifying any person as a conductor, shall, in accordance with its FRA-approved program, determine in writing that: (1) The individual meets the eligibility requirements of §§ 242.111, 242.113, 242.115, and 242.403; and (2) The individual meets the vision and hearing acuity standards of § 242.117 (“Vision and hearing acuity”); (3) The individual has the necessary knowledge, as demonstrated by successfully completing a test that meets the requirements of § 242.121 (“Knowledge testing”); and (4) Where a person has not previously been certified, that the person has completed a training program that meets the requirements of § 242.119 (“Training”). (b) When evaluating a person's prior safety conduct, a railroad shall not consider information concerning prior conduct that: (1) Occurred prior to the effective date of this rule; or (2) Occurred at a time other than that specifically provided for in §§ 242.111, 242.115 or 242.403. (c) In order to make the determination required under paragraph (a) of this section, a railroad shall have on file documents pertinent to those determinations. (d) 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 § 242.115, if the railroad believes the record contains information that could be sufficient to render the person ineligible for certification under this subpart. (e) The opportunity for comment shall be afforded to the person prior to the railroad's rendering its eligibility decision based on that information. Any responsive comment furnished shall be retained by the railroad in accordance with § 242.203. (f) The program shall include a method for a person to advise the railroad that he or she has never been a railroad em… | |||||
| 49:49:4.1.1.1.36.2.137.6 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.111 Prior safety conduct as motor vehicle operator. | FRA | (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 which 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), (d), (e), and (f) of this section, after the pertinent date specified in § 242.105(d) or (e), each railroad, prior to initially certifying or recertifying any person as a conductor 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 conductor 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 § 242.109. (d) A railroad shall recertify a person as a conductor 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 § 242.109. (e) Except as provided in paragraph (f) of this section, if a railroad who 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 conductor 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… | |||||
| 49:49:4.1.1.1.36.2.137.7 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.113 Prior safety conduct as an employee of a different railroad. | FRA | (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) After the pertinent date specified in § 242.105(d) or (e), each railroad, prior to initially certifying or recertifying any person as a conductor for any type of service, shall determine that the person meets the eligibility requirements of this section. (c) Except for persons designated as conductors under § 242.105(a) or (b) or for persons covered by § 242.109(f), 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 §§ 242.111, 242.115, and 242.403 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. | |||||
| 49:49:4.1.1.1.36.2.137.8 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.115 Substance abuse disorders and alcohol drug rules compliance. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 88 FR 27652, May 2, 2023] | (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) After the pertinent date specified in § 242.105(d) or (e), each railroad, prior to initially certifying or recertifying any person as a conductor for any type of service, shall determine that the person meets the eligibility requirements of this section. (c) 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 conductor. (2) Except as provided in paragraph (g) of this section, a certified conductor 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 § 242.111), the employee may, if otherwise eligible, voluntarily self-refer for substance abuse counseling or treatment under the policy required by § 219.403 of this chapter; and the railroad shall then treat the substance abuse evaluation as confidential except with respect to ineligibility for certification. (e) Prior alcohol/drug conduct; … | ||||
| 49:49:4.1.1.1.36.2.137.9 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | B | Subpart B—Program and Eligibility Requirements | § 242.117 Vision and hearing acuity. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 85 FR 81324, 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) After the pertinent date specified in § 242.105(d) or (e), each railroad, prior to initially certifying or recertifying any person as a conductor for any class of service, shall determine that the person meets the standards for visual acuity and hearing acuity prescribed in this section. (c) In order to make the determination required under paragraph (b) of this section, 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 the person cannot safely perform as a conductor even with conditions attached. (d) 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. (e) 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 this section or to meet a lower thresh… | ||||
| 49:49:4.1.1.1.36.3.137.1 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.201 Time limitations for certification. | FRA | (a) After the pertinent date in § 242.105(d) or (e), a railroad shall not certify or recertify a person as a conductor in any type of service, if the railroad is making: (1) A determination concerning eligibility under §§ 242.111, 242.113, 242.115, and 242.403 and the eligibility data being relied on was furnished more than 366 days before the date of the railroad's certification decision; (2) A determination concerning visual and hearing acuity and the medical examination being relied on was conducted more than 450 days before the date of the railroad's certification decision; (3) A determination concerning demonstrated knowledge and the knowledge examination being relied on was conducted more than 366 days before the date of the railroad's certification decision; or (4) A determination concerning demonstrated knowledge and the knowledge examination being relied on was conducted more than 24 months before the date of the railroad's recertification decision if the railroad administers a knowledge testing program pursuant to § 242.121 at intervals that do not exceed 24 months. (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)(3) of this section, § 242.125, or § 242.127. (c) No railroad shall: (1) Permit or require a person, designated under § 242.105(a) or (b), to perform service as a certified conductor for more than the 36-month period beginning on the pertinent date for compliance with the mandatory procedures for testing and evaluation set forth in the applicable provisions of § 242.105(d) or (e) unless that person has been determined to be eligible in accordance with procedures that comply with subpart B of this part. (2) Certify a person as a conductor for an interval of more than 36 months; or (3) Rely on a certification issued by another railroad that is more than 36 months old. (d) Except as provided for in § 242.105 concerning initial… | |||||
| 49:49:4.1.1.1.36.3.137.2 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.203 Retaining information supporting determinations. | FRA | (a) After the pertinent date in § 242.105(d) or (e), a railroad that issues, denies, or revokes a certificate after making the determinations required under § 242.109 shall maintain a record for each certified conductor or applicant for certification that contains the information the railroad relied on in making the determinations. (b) A railroad shall retain the following information: (1) Relevant data from the railroad's records concerning the person's prior safety conduct; (2) Relevant data furnished by another railroad; (3) Relevant data furnished by a governmental agency concerning the person's motor vehicle driving record; (4) Relevant data furnished by the person seeking certification concerning his or her eligibility; (5) The relevant test results data concerning hearing and vision acuity; (6) If applicable, the relevant data concerning the professional opinion of the railroad's medical examiner on the adequacy of the person's hearing or vision acuity; (7) Relevant data from the railroad's records concerning the person's success or failure of the passage of knowledge test(s) under § 242.121; (8) A sample copy of the written knowledge test or tests administered; and (9) The relevant data from the railroad's records concerning the person's success or failure on unannounced operating rules compliance tests the railroad performed to monitor the conductor's performance in accordance with § 242.123. (c) If a railroad is relying on successful completion of an approved training program conducted by another entity, the relying railroad shall maintain a record for each certified conductor that contains the relevant data furnished by the training entity concerning the person's demonstration of knowledge and relied on by the railroad in making its determinations. (d) If a railroad is relying on a certification decision initially made by another railroad, the relying railroad shall maintain a record for each certified conductor that contains the relevant data furnished by the other railroad which it relied… | |||||
| 49:49:4.1.1.1.36.3.137.3 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.205 Identification of certified persons and recordkeeping. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 77 FR 6491, Feb. 8, 2012] | (a) After September 1, 2012, a railroad shall maintain a list identifying each person designated as a certified conductor. That list shall indicate the types of service the railroad determines each person is authorized to perform and date of the railroad's certification decision. (b) If a railroad employs conductors working in joint operations territory, the list shall include person(s) determined by that railroad to be certified as conductor(s) and possessing the necessary territorial qualifications for the applicable territory in accordance with § 242.301. (c) The list required by paragraphs (a) and (b) 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. (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 the list required by this section; or (2) Otherwise falsify such list through material misstatement, omission, or mutilation. (e) Nothing in this section precludes a railroad from maintaining the list required 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 stored apart from the entry on th… | ||||
| 49:49:4.1.1.1.36.3.137.4 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.207 Certificate components. | FRA | (a) At 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 eligible to perform as a conductor or as a passenger conductor; (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 type 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 an individual designated in accordance with paragraph (b) of this section; and (7) Be of sufficiently small size to permit being carried in an ordinary pocket wallet. (b) Each railroad shall designate in writing any person that it authorizes to sign the certificates described in this section. The designation shall 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. | |||||
| 49:49:4.1.1.1.36.3.137.5 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.209 Maintenance of the certificate. | FRA | (a) Each conductor who has received a certificate required under this part shall: (1) Have that certificate in his or her possession while on duty as a conductor; and (2) Display that certificate upon the receipt of a request to do so from: (i) A representative of the Federal Railroad Administration, (ii) A State inspector authorized under part 212 of this chapter, (iii) An officer of the issuing railroad, or (iv) An officer of another railroad when serving as a conductor in joint operations territory. (b) Any conductor who is notified or called to serve as a conductor and such service would cause the conductor to exceed certificate limitations, set forth in accordance with subpart B of this part, shall immediately notify the railroad that he or she is not authorized to perform that anticipated service and it shall be unlawful for the railroad to require such service. (c) Nothing in this section shall be deemed to alter a certified conductor's duty to comply with other provisions of this chapter concerning railroad safety. | |||||
| 49:49:4.1.1.1.36.3.137.6 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.211 Replacement of certificates. | FRA | (a) A railroad shall have a system for the prompt replacement of lost, stolen or mutilated certificates at no cost to conductors. That system shall be reasonably accessible to certified conductors 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 designated supervisor. Temporary replacement certificates may be delivered electronically and are valid for a period no greater than 30 days. | |||||
| 49:49:4.1.1.1.36.3.137.7 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.213 Multiple certifications. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 85 FR 81325, Dec. 15, 2020] | (a) A person may hold certification for multiple types of conductor service. (b) A person may hold both conductor and locomotive engineer certification. (c) A railroad that issues multiple certificates to a person, shall, to the extent possible, coordinate the expiration date of those certificates. (d) Except as provided in paragraph (e) 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 part 240 of this chapter and as a conductor under this part; or (2) Accompanied by a person certified as a conductor under this part but who will be attached to the crew in a manner similar to that of an independent assignment. (e) 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. (f) 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 § 242.401 or § 240.219 of this chapter or has his or her conductor or locomotive engineer certification revoked under § 242.407 or § 240.307 of this chapter by another railroad. (g) A person who is certified to perform multiple types of conductor service and who has had any of those certifications revoked under § 242.407 may not perform any type of conductor service during the period of revocation. (h) A person who holds a current conductor and locomot… | ||||
| 49:49:4.1.1.1.36.3.137.8 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | C | Subpart C—Administration of the Certification Program | § 242.215 Railroad oversight responsibilities. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 77 FR 6491, Feb. 8, 2012] | (a) No later than March 31 of each year (beginning in calendar year 2014), each Class I railroad (including the National Railroad Passenger Corporation and a railroad providing commuter service) and each 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 conductors 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 conductors; (3) The number and type of operational monitoring test failures recorded by railroad officers who meet the requirements of § 217.9(b)(1) of this chapter; and (4) If the railroad conducts joint operations with another railroad, the number of conductors employed by the other railroad(s) which: were involved in events described in this paragraph 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 railroad 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 procedure… | ||||
| 49:49:4.1.1.1.36.4.137.1 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | D | Subpart D—Territorial Qualification and Joint Operations | § 242.301 Requirements for territorial qualification. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 77 FR 6491, Feb. 8, 2012] | (a) Except as provided in paragraph (c), (d), or (e) of this section, a railroad, including a railroad that employs conductors working in joint operations territory, shall not permit or require a person to serve as a conductor unless that railroad determines that the person is certified as a conductor and possesses the necessary territorial qualifications for the applicable territory pursuant to § 242.119. (b) Each person who is called to serve as a conductor shall: (1) Meet the territorial qualification requirements on the segment of track upon which he or she will serve as a conductor; and (2) Immediately notify the railroad upon which he or she is employed if he or she does not meet the required territorial qualifications. (c) Except as provided in paragraph (e) of this section, if a conductor lacks territorial qualification on main track physical characteristics required by paragraph (a) of this section, he or she shall be assisted by a person who meets the territorial qualification requirements for main track physical characteristics. (1) For a conductor who has never been qualified on main track physical characteristics of the territory over which he or she is to serve as a conductor, the assistant shall be a person who is certified as a conductor, meets the territorial qualification requirements for main track physical characteristics, and is not an assigned crew member. (2) For a conductor who was previously qualified on main track physical characteristics of the territory over which he or she is to serve as a conductor, but whose qualification has been expired for one year or less and who regularly traversed the territory prior to the expiration of the qualification, the assistant may be any person, including an assigned crewmember, who meets the territorial qualification requirements for main track physical characteristics. (3) For a conductor who was previously qualified on main track physical characteristics of the territory over which he or she is to serve as a conductor, and whose qualificati… | ||||
| 49:49:4.1.1.1.36.5.137.1 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | E | Subpart E—Denial and Revocation of Certification | § 242.401 Denial of certification. | FRA | (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 conductor candidate with any written documents or records, including written statements, related to failure to meet a requirement of this part which 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 §§ 242.111, 242.115, or 242.403 and the opportunity to comment afforded by § 242.109 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 conductor 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 which constitutes a violation under § 242.403(e)(1) through (11) of this part if sufficient evidence exists to establish that an intervening cause prevented or materially impaired the conductor's ability to comply with that railroad operating rule or practice. | |||||
| 49:49:4.1.1.1.36.5.137.2 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | E | Subpart E—Denial and Revocation of Certification | § 242.403 Criteria for revoking certification. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 85 FR 81325, 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 which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. (b) It shall be unlawful to fail to comply with any of the railroad rules and practices described in paragraph (e) of this section. (c)(1) A certified conductor 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 certified conductor who is monitoring, piloting, or instructing a conductor 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 the conductor or the engineer, as appropriate, of a potential or foreseeable violation. (3) A certified conductor who is called by a railroad to perform the duty of a train crew member other than that of conductor or locomotive engineer 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 conductor, a railroad shall consider as operating rule compliance data only conduct described in paragraphs (e)(1) through (11) of this section that occurred within a period of 36 consecutive months prior to the determination. A review of an existing certification shall be initiated promptly upon the occurrence and documentation of any conduct described in this section. (e) A railroad shall only consider violations of its operating rules and practices that involve: (1) Failure to take appropriate action to prevent the locomotive engin… | ||||
| 49:49:4.1.1.1.36.5.137.3 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | E | Subpart E—Denial and Revocation of Certification | § 242.405 Periods of ineligibility. | FRA | (a) A period of ineligibility described in this paragraph shall: (1) Begin, for a person not currently certified, on the date of the railroad's written determination that the most recent incident has occurred; or (2) Begin, for a person currently certified, on the date of the railroad's notification to the person that recertification has been denied or certification has been revoked; and (3) Be determined according to the following standards: (i) On other than main track where restricted speed or the operational equivalent thereof is in effect, the period of revocation for a violation of § 242.403(e)(6) through (8), (10), or (11) shall be reduced by one half provided that another revocable event has not occurred within the previous 12 months. (ii) In the case of a single incident involving violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11), the person shall have his or her certificate revoked for a period of 30 calendar days. (iii) In the case of two separate incidents involving a violation of one or more of the operating rules or practices described in § 242.403(e)(1) through (11), that occurred within 24 months of each other, the person shall have his or her certificate revoked for a period of six months. (iv) In the case of three separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of one year. (v) In the case of four separate incidents involving violations of one or more of the operating rules or practices, described in § 242.403(e)(1) through (12), that occurred within 36 months of each other, the person shall have his or her certificate revoked for a period of three years. (vi) Where, based on the occurrence of violations described in § 242.403(e)(12), different periods of ineligibility may result under the provisions of this section and § 242.115, the long… | |||||
| 49:49:4.1.1.1.36.5.137.4 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | E | Subpart E—Denial and Revocation of Certification | § 242.407 Process for revoking certification. | FRA | (a) Except as provided for in § 242.115(g), a railroad that certifies or recertifies a person as a conductor and, during the period that certification is valid, acquires reliable information regarding violation(s) of § 242.403(e) or § 242.115(e) of this chapter shall revoke the person's conductor certificate. (b) Pending a revocation determination under this section, the railroad shall: (1) Upon receipt of reliable information regarding violation(s) of § 242.403(e) or § 242.115(e) of this chapter, 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 av… | |||||
| 49:49:4.1.1.1.36.6.137.1 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | F | Subpart F—Dispute Resolution Procedures | § 242.501 Review board established. | FRA | (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 regulation 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. | |||||
| 49:49:4.1.1.1.36.6.137.2 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | F | Subpart F—Dispute Resolution Procedures | § 242.503 Petition requirements. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 85 FR 81325, 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 Web site 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; and (6) Be filed in a timely manner. (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 recertificati… | ||||
| 49:49:4.1.1.1.36.6.137.3 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | F | Subpart F—Dispute Resolution Procedures | § 242.505 Processing certification review petitions. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 85 FR 81325, 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 Web site 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 Bo… | ||||
| 49:49:4.1.1.1.36.6.137.4 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | F | Subpart F—Dispute Resolution Procedures | § 242.507 Request for a hearing. | FRA | (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 § 242.509. (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 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 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. | |||||
| 49:49:4.1.1.1.36.6.137.5 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | F | Subpart F—Dispute Resolution Procedures | § 242.509 Hearings. | FRA | (a) An administrative hearing for a conductor 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 filed, all doc… | |||||
| 49:49:4.1.1.1.36.6.137.6 | 49 | Transportation | II | 242 | PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS | F | Subpart F—Dispute Resolution Procedures | § 242.511 Appeals. | FRA | [76 FR 69841, Nov. 9, 2011, as amended at 85 FR 81325, 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 § 242.503(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. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);