[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: 49CFR212.107]



[Page 84-85]

 

                        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. 212.107  Certification.



    (a) Scope. In the event the FRA and the State agency do not agree on 

terms for the participation of the State under Sec. 212.105 of this 

part and the State wishes to engage in investigative and surveillance 

activities with respect to any rule, regulation, order, or standard 

issued under the authority of the Federal Railroad Safety Act of 1970, 

the State shall file an annual certification with respect to such 

activities.

    (b) Content. The annual certification shall be filed not less than 

60 days before the beginning of the Federal fiscal year to which it 

applies, shall contain the information required by Sec. 212.105(e) of 

this part and, in addition, shall certify that:

    (1) The State agency has the authority and capability to conduct 

investigative and surveillance activities under the requirements of this 

part with respect to each rule, regulation, order or standard for which 

certification is submitted; and

    (2) The State agency will, at a minimum, conduct planned compliance 

inspections meeting the level of effort prescribed in the applicable 

appendix to this part.

    (c) Action on certification. The Associate Administrator responds to 

the filing of an annual certification within 60 days of its receipt by 

accepting it or by rejecting it for cause stated.



[[Page 85]]



    (d) Delegation of authority. Acceptance of an annual certification 

constitutes a delegation of authority to conduct investigative and 

surveillance activities only to the extent that the delegation 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.



(Approved by the Office of Management and Budget under control number 

2130-0509)