[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR239.201]

[Page 618-619]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS--Table of Contents
 
  Subpart C--Review, Approval, and Retention of Emergency Preparedness 
                                  Plans
 
Sec. 239.201  Emergency preparedness plan; filing and approval.


    (a) Filing. Each passenger railroad to which this part applies and 
all railroads hosting its passenger train service (if applicable) shall 
jointly adopt a single emergency preparedness plan for that service and 
the passenger railroad shall file one copy of that plan with the 
Associate Administrator for Safety, Federal Railroad Administration, 
Mail Stop 25, 400 Seventh Street, S.W., Washington, D.C. 20590, not more 
than 180 days after May 4, 1998, or not less than 45 days prior to 
commencing passenger operations, whichever is later. The emergency 
preparedness plan shall include the name, title, address, and telephone 
number of the primary person on each affected railroad to be contacted 
with regard to review of the plan, and shall include a summary of each 
railroad's analysis supporting each plan element and describing how 
every condition on the railroad's property that is likely to affect 
emergency response is addressed in the plan. Each subsequent amendment 
to a railroad's emergency preparedness plan shall be filed with FRA by 
the passenger railroad not less than 60 days prior to the proposed 
effective date.
    (b) Approval. (1) Preliminary review. (i) Within 90 days of receipt 
of each proposed emergency preparedness plan, and within 45 days of 
receipt of each plan for passenger operations to be commenced after the 
initial deadline for plan submissions, FRA will conduct a preliminary 
review of the proposed plan to determine if the elements prescribed in 
Sec. 239.101 are sufficiently addressed and discussed in the railroad's 
plan submission. FRA will then notify the primary contact person of each 
affected railroad in writing of the results of the review, whether the 
proposed

[[Page 619]]

plan has been conditionally approved by FRA, and if not conditionally 
approved, the specific points in which the plan is deficient.
    (ii) If a proposed emergency preparedness plan is not conditionally 
approved by FRA, the affected railroad or railroads shall amend the 
proposed plan to correct all deficiencies identified by FRA (and provide 
FRA with a corrected copy) not later than 30 days following receipt of 
FRA's written notice that the proposed plan was not conditionally 
approved.
    (2) Final review. (i) Within 18 months of receipt of each proposed 
plan, and within 180 days of receipt of each proposed plan for passenger 
operations to be commenced after the initial deadline for plan 
submissions, FRA will conduct a comprehensive review of the 
conditionally approved plan to evaluate implementation of the elements 
included. This review will include ongoing dialogues with rail 
management and labor representatives, and field analysis and 
verification. FRA will then notify the primary contact person of each 
affected railroad in writing of the results of the review, whether the 
conditionally approved plan has been finally approved by FRA, and if not 
approved, the specific points in which the plan is deficient.
    (ii) If an emergency preparedness plan of a railroad or railroads is 
not finally approved by FRA, the affected railroad or railroads shall 
amend the plan to correct all deficiencies (and provide FRA with a 
corrected copy) not later than 30 days following receipt of FRA's 
written notice that the plan was not finally approved.
    (3) Review of amendments. (i) FRA will review each proposed plan 
amendment within 45 days of receipt. FRA will then notify the primary 
contact person of each affected railroad of the results of the review, 
whether the proposed amendment has been approved by FRA, and if not 
approved, the specific points in which the proposed amendment is 
deficient.
    (ii) If the amendment is not approved, the railroad shall correct 
any deficiencies identified by FRA and file the corrected amendment 
prior to implementing the amendment.
    (4) Reopened review. Following initial approval of a plan, or 
amendment, FRA may reopen consideration of the plan, or amendment, for 
cause stated.