[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR212.105]

[Page 82-83]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 212--STATE SAFETY PARTICIPATION REGULATIONS--Table of Contents
 
                     Subpart B--State/Federal Roles
 
Sec. 212.105  Agreements.

    (a) Scope. The principal method by which States may participate in 
investigative and surveillance activities is by agreement with FRA. An 
agreement may delegate investigative and surveillance authority with 
respect to all or any part of the Federal railroad safety laws.
    (b) Duration. An agreement may be for a fixed term or for an 
indefinite duration.
    (c) Amendments. An agreement may be amended to expand or contract 
its scope by consent of FRA and the State.
    (d) Common terms. Each agreement entered into under this section 
provides that:
    (1) The State agency is delegated certain specified authority with 
respect to investigative and surveillance activities;
    (2) The delgation is effective only to the extent it is carried out 
through personnel recognized by the State and the FRA (pursuant to 
subpart C of this part) to be qualified to perform the particular 
investigative and surveillance activities to which the personnel are 
assigned; and
    (3) The State agency agrees to provide the capability necessary to 
assure coverage of facilities, equipment, and operating practices 
through planned routine compliance inspections for all, or a specified 
part of, the territory of the State.
    (e) Request for agreement. A request for agreement shall contain the 
following information:
    (1) An opinion of the counsel for the State agency stating that:
    (i) The agency has jurisdiction over the safety practices of the 
facilities, equipment, rolling stock, and operations of railroads in 
that State and whether the agency has jurisdiction over shippers and 
manufacturers;
    (ii) The agency has the authority and capability to conduct 
investigative and surveillance activities in connection with the rules, 
regulations, orders, and standards issued by the Administrator under the 
Federal railroad safety laws; and
    (iii) State funds may be used for this purpose.
    (2) A statement that the State agency has been furnished a copy of 
each Federal safety statute, rule, regulation, order, or standard 
pertinent to the State's participation;
    (3) The names of the railroads operating in the State together with 
the number of miles of main and branch lines operated by each railroad 
in the State;

[[Page 83]]

    (4) The name, title and telephone number of the person designated by 
the agency to coordinate the program; and
    (5) A description of the organization, programs, and functions of 
the agency with respect to railroad safety.
    (f) Developmental agreement. Consistent with national program 
requirements, the Associate Administrator may enter into an agreement 
under this section prior to the qualification of inspection personnel of 
the State under subpart C of this part. In such a case, the agreement 
shall (1) specify the date at which the State will assume investigative 
and surveillance duties, and (2) refer to any undertaking by the FRA to 
provide training for State inspection personnel, including a schedule 
for the training courses that will be made available.
    (g) Action on request. The Associate Administrator responds to a 
request for agreement by entering into an agreement based on the 
request, by declining the request, or by suggesting modifications.

(Approved by the Office of Management and Budget under control number 
2130-0509)

[47 FR 41051, Sept. 16, 1982, as amended at 57 FR 28115, June 24, 1992]