[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: 49CFR225.35]

[Page 273]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS--Table of Contents
 
Sec. 225.35  Access to records and reports.

    Each railroad subject to this part shall have at least one location, 
and shall identify each location, where any representative of the 
Federal Railroad Administration or of a State agency participating in 
investigative and surveillance activities under part 212 of this chapter 
or any other authorized representative, has centralized access to a copy 
of any record and report required under this part, for examination and 
photocopying in a reasonable manner during normal business hours.
    Each railroad subject to this part shall also provide to any 
representative of the Federal Railroad Administration or of a State 
agency participating in investigative or and surveillance activities 
under part 212 of this chapter or any other authorized representative 
access to relevant medical and claims records for examination and 
photocopying in a reasonable manner during normal business hours. Such 
representatives shall display proper credentials when requested. Each 
railroad shall identify the locations where a copy of any record and 
report required under this part is accessible for inspection and 
photocopying by maintaining a list of such establishment locations at 
the office where the railroad's reporting officer conducts his or her 
official business. A copy of any record and report required under this 
part shall be accessible within four business hours after the request. 
FRA will not assess a monetary penalty against the railroad for its 
failure to provide the requested documentation when circumstances 
outside the railroad's control preclude it from fulfilling the four-
business-hour time limit and the railroad has made a reasonable effort 
to correct the problem. Should a railroad assert a legal privilege with 
respect to certain claims and medical records, failure to provide FRA 
access to such records would not constitute a violation of this section. 
FRA retains the right to issue a subpoena to obtain such records under 
49 U.S.C. Secs. 20107 and 20902 and Secs. 209.7(a) and 225.31(b) of this 
title, and the railroad may contest that subpoena.

[61 FR 30972, June 18, 1996, as amended at 61 FR 59371, Nov. 22, 1996]