[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: 49CFR239.201]



[Page 725-726]

 

                        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 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



[[Page 726]]



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.