[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: 49CFR244.13]

[Page 663-665]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL--Table of Contents
 
                   Subpart B--Safety Integration Plans
 
Sec. 244.13  Subjects to be addressed in a Safety Integration Plan involving an amalgamation of operations.

    Each Safety Integration Plan involving an amalgamation of operations 
shall address the following subjects for railroad operations conducted 
on property subject to the transaction:

[[Page 664]]

    (a) Corporate culture. Each applicant shall:
    (1) Identify and describe differences for each safety-related area 
between the corporate cultures of the railroads involved in the 
transaction;
    (2) Describe how these cultures lead to different practices 
governing rail operations; and
    (3) Describe, in step-by-step measures, the integration of these 
corporate cultures and the manner in which it will produce a system of 
``best practices'' when the transaction is implemented.
    (b) Training. Each applicant shall identify classroom and field 
courses, lectures, tests, and other educational or instructional forums 
designed to ensure the proficiency, qualification, and familiarity with 
the operating rules and operating tasks of territory assigned of the 
following employees, either when these employees are assigned to a new 
territory or the operating rules on a given territory are changed:
    (1) Employees who perform train and engine service;
    (2) Employees who inspect and maintain track and bridges;
    (3) Employees who inspect, maintain and repair any type of on-track 
equipment, including locomotives, passenger cars, and freight cars of 
all types;
    (4) Dispatchers or operators;
    (5) Employees who inspect and maintain signal and train control 
devices and systems;
    (6) Hazardous materials personnel, including information technology 
personnel who affect the transportation of hazardous materials;
    (7) Employees who maintain or upgrade communication systems 
affecting rail operations; and
    (8) Supervisors of employees enumerated in paragraphs (b)(1) through 
(7) of this section.
    (c) Operating practices.
    (1) Operating rules. Each applicant shall identify the operating 
rules, timetables, and timetable special instructions to govern railroad 
operations, including yard or terminal operations and freight or 
passenger service.
    (2) Alcohol and drug. Each applicant shall identify the post-
accident toxicological testing, reasonable cause testing, and random 
alcohol and drug testing programs as required under 49 CFR part 219.
    (3) Qualification and certification of locomotive engineers. Each 
applicant shall identify the program for qualifying and certifying 
locomotive engineers under 49 CFR part 240.
    (4) Hours of service laws. Each applicant shall identify the 
procedures for complying with the Federal hours of service laws and 
related measures to minimize fatigue of employees covered by 49 U.S.C. 
chapter 211.
    (d) Motive power and equipment. Each applicant shall identify the 
qualification standards for employees who inspect, maintain, or repair 
railroad freight or passenger cars and locomotives, and the designated 
facilities used, or to be used, to repair such equipment.
    (e) Signal and train control. Each applicant shall identify the 
signal and train control systems governing railroad operations and 
maintenance, and any planned amendments or modifications to capital 
improvement and research and development projects for signal and train 
control operations.
    (f) Track Safety Standards and bridge structures. Each applicant 
shall identify the maintenance and inspection programs for track and 
bridges, and the qualification standards for roadway workers.
    (g) Hazardous Materials. Each applicant shall identify an inspection 
program covering the following areas:
    (1) Field inspection practices;
    (2) Hazardous materials communication standards;
    (3) Emergency response procedures; and
    (4) Information technology systems and personnel employed for 
transmitting or receiving information accompanying hazardous materials 
shipments. The inspection program should identify preventive measures 
that will be employed to respond to potential information technology 
integration and hazardous materials documentation deficiencies.
    (h) Dispatching operations. Each applicant shall identify:
    (1) The railroad dispatching system to be adopted;

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    (2) The migration of the existing dispatching systems to the adopted 
system, if applicable; and
    (3) The criteria used to determine workload and duties performed by 
operators or dispatchers employed to execute operations.
    (i) Highway-rail grade crossing systems. Each applicant shall 
identify a program, including its development and implementation, 
covering the following:
    (1) Identification of the highway-rail grade crossings at which 
there will be an increase in rail traffic resulting from the 
transaction;
    (2) An applicant's existing grade-crossing programs as they apply to 
grade crossings identified in paragraph (i)(1) of this section;
    (3) Integration of the grade crossing programs of the railroads 
subject to the transaction to the extent the programs may be different;
    (4) Emergency response actions;
    (5) Avoidance of blocked or obstructed highway-rail crossing systems 
by trains, locomotives, railroad cars, or other pieces of rolling 
equipment; and
    (6) Signs employed for changes in rail traffic patterns.
    (j) Personnel staffing. Each applicant shall identify the number of 
employees by job category, currently and proposed, to perform each of 
the following types of function when there is a projected change of 
operations that will impact workforce duties or responsibilities:
    (1) Train and engine service;
    (2) Yard and terminal service;
    (3) Dispatching operations;
    (4) Roadway maintenance;
    (5) Freight car and locomotive maintenance;
    (6) Maintenance of signal and train control systems, devices, and 
appliances;
    (7) Hazardous materials operations; and
    (8) Managers responsible for oversight of safety programs.
    (k) Capital investment. Each applicant shall identify the capital 
investment program, clearly displaying planned investments in track and 
structures, signals and train control, and locomotives and equipment. 
The program shall describe any differences from the program currently in 
place on each of the railroads involved in the transaction.
    (l) Information systems compatibility. Each applicant shall identify 
measures providing for a seamless interchange of information relating to 
the following subject matters:
    (1) Train consists;
    (2) Movements and movement history of locomotives and railroad 
freight cars;
    (3) Dispatching operations;
    (4) Emergency termination of operations; and
    (5) Transportation of hazardous materials.