[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: 49CFR217.9]



[Page 192-193]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 217_RAILROAD OPERATING RULES--Table of Contents

 

                            Subpart A_General

 

Sec. 217.9  Program of operational tests and inspections; recordkeeping.



    (a) Requirement to conduct operational tests and inspections. Each 

railroad to which this part applies shall periodically conduct 

operational tests and inspections to determine the extent of compliance 

with its code of operating rules, timetables, and timetable special 

instructions in accordance with a written program retained at its system 

headquarters and at the division headquarters for each division where 

the tests are conducted.

    (b) Written program of operational tests and inspections. On or 

after November 21, 1994, or 30 days before commencing operations, 

whichever is later, each railroad to which this part applies shall 

retain one copy of its current program for periodic performance of the 

operational tests and inspections required by paragraph (a) of this 

section and one copy of each subsequent amendment to such program. These 

records shall be retained at the system headquarters of the railroad and 

at the division headquarters for each division where the tests are 

conducted, for three calendar years after the end of the calendar year 

to which they relate. These records shall be made available to 

representatives of the Federal Railroad Administration for inspection 

and copying during normal business hours. The program shall--



[[Page 193]]



    (1) Provide for operational testing and inspection under the various 

operating conditions on the railroad;

    (2) Describe each type of operational test and inspection adopted, 

including the means and procedures used to carry it out;

    (3) State the purpose of each type of operational test and 

inspection;

    (4) State, according to operating divisions where applicable, the 

frequency with which each type of operational test and inspection is 

conducted;

    (5) Begin within 30 days after November 21, 1994, or the date of 

commencing operations, whichever is later; and

    (6) Include a schedule for making the program fully operative within 

210 days after it begins.

    (c) Records of individual tests and inspections. Each railroad to 

which this part applies shall keep a record of the date, time, place, 

and result of each operational test and inspection that was performed in 

accordance with its program. Each record shall specify the officer 

administering the test and inspection and each employee tested. These 

records shall be retained at the system headquarters of the railroad and 

at the division headquarters for each division where the tests are 

conducted for one calendar year after the end of the calendar year to 

which they relate. These records shall be made available to 

representatives of the Federal Railroad Administration for inspection 

and copying during normal business hours.

    (d) Annual summary on operational tests and inspections. Before 

March 1 of each calendar year, each railroad to which this part applies, 

except for a railroad with less than 400,000 total manhours, shall 

retain, at each of its division headquarters and at the system 

headquarters of the railroad, one copy of a written summary of the 

following with respect to its previous year's activities: The number, 

type, and result of each operational test and inspection, stated 

according to operating divisions where applicable, that was conducted as 

required by paragraphs (a) and (b) of this section. These records shall 

be retained for three calendar years after the end of the calendar year 

to which they relate and shall be made available to representatives of 

the Federal Railroad Administration for inspection and copying during 

normal business hours.

    (e) Electronic recordkeeping. Each railroad to which this part 

applies is authorized to retain by electronic recordkeeping the 

information prescribed in paragraphs (b) through (d) of this section, 

provided that all of the following conditions are met:

    (1) The railroad adequately limits and controls accessibility to 

such information retained in its electronic database system and 

identifies those individuals who have such access;

    (2) The railroad has a terminal at the system headquarters and at 

each division headquarters;

    (3) Each such terminal has a desk-top computer (i.e., monitor, 

central processing unit, and keyboard) and either a facsimile machine or 

a printer connected to the computer to retrieve and produce information 

in a usable format for immediate review by FRA representatives;

    (4) The railroad has a designated representative who is authorized 

to authenticate retrieved information from the electronic system as true 

and accurate copies of the electronically kept records; and

    (5) The railroad provides representatives of the Federal Railroad 

Administration with immediate access to these records for inspection and 

copying during normal business hours and provides printouts of such 

records upon request.



[39 FR 41176, Nov. 25, 1974, as amended at 59 FR 43070, Aug. 22, 1994]