[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: 49CFR217.9]

[Page 183-184]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 217--RAILROAD OPERATING RULES--Table of Contents
 
                           Subpart A--General
 
Sec. 217.9  Program of operational tests and inspections; recordkeeping.

    (a) Requirement to conduct operational tests and inspections. Each 
railroad to which this part applies shall periodically conduct 
operational tests and inspections to determine the extent of compliance 
with its code of operating rules, timetables, and timetable special 
instructions in accordance with a written program retained at its system 
headquarters and at the division headquarters for each division where 
the tests are conducted.
    (b) Written program of operational tests and inspections. On or 
after November 21, 1994, or 30 days before commencing operations, 
whichever is later, each railroad to which this part applies shall 
retain one copy of its current program for periodic performance of the 
operational tests and inspections required by paragraph (a) of this 
section and one copy of each subsequent amendment to such program. These 
records shall be retained at the system headquarters of the railroad and 
at the division headquarters for each division where the tests are 
conducted, for three calendar years after the end of the calendar year 
to which they relate. These records shall be made available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours. The program shall--
    (1) Provide for operational testing and inspection under the various 
operating conditions on the railroad;
    (2) Describe each type of operational test and inspection adopted, 
including the means and procedures used to carry it out;
    (3) State the purpose of each type of operational test and 
inspection;
    (4) State, according to operating divisions where applicable, the 
frequency with which each type of operational test and inspection is 
conducted;
    (5) Begin within 30 days after November 21, 1994, or the date of 
commencing operations, whichever is later; and
    (6) Include a schedule for making the program fully operative within 
210 days after it begins.

[[Page 184]]

    (c) Records of individual tests and inspections. Each railroad to 
which this part applies shall keep a record of the date, time, place, 
and result of each operational test and inspection that was performed in 
accordance with its program. Each record shall specify the officer 
administering the test and inspection and each employee tested. These 
records shall be retained at the system headquarters of the railroad and 
at the division headquarters for each division where the tests are 
conducted for one calendar year after the end of the calendar year to 
which they relate. These records shall be made available to 
representatives of the Federal Railroad Administration for inspection 
and copying during normal business hours.
    (d) Annual summary on operational tests and inspections. Before 
March 1 of each calendar year, each railroad to which this part applies, 
except for a railroad with less than 400,000 total manhours, shall 
retain, at each of its division headquarters and at the system 
headquarters of the railroad, one copy of a written summary of the 
following with respect to its previous year's activities: The number, 
type, and result of each operational test and inspection, stated 
according to operating divisions where applicable, that was conducted as 
required by paragraphs (a) and (b) of this section. These records shall 
be retained for three calendar years after the end of the calendar year 
to which they relate and shall be made available to representatives of 
the Federal Railroad Administration for inspection and copying during 
normal business hours.
    (e) Electronic recordkeeping. Each railroad to which this part 
applies is authorized to retain by electronic recordkeeping the 
information prescribed in paragraphs (b) through (d) of this section, 
provided that all of the following conditions are met:
    (1) The railroad adequately limits and controls accessibility to 
such information retained in its electronic database system and 
identifies those individuals who have such access;
    (2) The railroad has a terminal at the system headquarters and at 
each division headquarters;
    (3) Each such terminal has a desk-top computer (i.e., monitor, 
central processing unit, and keyboard) and either a facsimile machine or 
a printer connected to the computer to retrieve and produce information 
in a usable format for immediate review by FRA representatives;
    (4) The railroad has a designated representative who is authorized 
to authenticate retrieved information from the electronic system as true 
and accurate copies of the electronically kept records; and
    (5) The railroad provides representatives of the Federal Railroad 
Administration with immediate access to these records for inspection and 
copying during normal business hours and provides printouts of such 
records upon request.

[39 FR 41176, Nov. 25, 1974, as amended at 59 FR 43070, Aug. 22, 1994]