[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR212.105]



[Page 83-84]

 

                        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:



[[Page 84]]



    (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;

    (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]