[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: 49CFR240.103]



[Page 734-735]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

        Subpart B_Component Elements of the Certification Process

 

Sec. 240.103  Approval of design of individual railroad programs by FRA.



    (a) Each railroad shall submit its written certification program and 

a description of how its program conforms to the specific requirements 

of this part in accordance with the procedures contained in appendix B 

to this part and shall submit this written certification program for 

approval at least 60 days before commencing operations.

    (b) That submission shall state the railroad's election either:

    (1) To accept responsibility for the training of student engineers 

and thereby obtain authority for that railroad to initially certify a 

person as an engineer in an appropriate class of service, or

    (2) To recertify only engineers previously certified by other 

railroads.



A railroad that elects to accept responsibility for the training of 

student engineers shall state in its submission whether it will conduct 

the training program or employ a training program conducted by some 

other entity on its behalf but adopted and ratified by that railroad.

    (c) A railroad's program is considered approved and may be 

implemented thirty days after the required filing date (or the actual 

filing date) unless the Administrator notifies the railroad in writing 

that the program does not conform to the criteria set forth in this 

part.

    (1) If the Administrator determines that the program does not 

conform, the Administrator will inform the railroad of the specific 

deficiencies.

    (2) If the Administrator informs the railroad of deficiencies more 

than 30 days after the initial filing date, the original program may 

remain in effect until 30 days after approval of the revised program is 

received.

    (d) A railroad shall resubmit its program within 30 days after the 

date of such notice of deficiencies. A failure to



[[Page 735]]



resubmit the program with the necessary revisions will be considered a 

failure to implement a program under this part.

    (1) The Administrator will inform the railroad in writing whether 

its revised program conforms with this part.

    (2) If the program does not conform, the railroad shall resubmit its 

program.

    (e) A railroad that intends to materially modify its program after 

receiving initial FRA approval shall submit a description of how it 

intends to modify the program in conformity with the specific 

requirements of this part at least 30 days prior to implementing such a 

change.

    (1) A modification is material if it would affect the program's 

conformance with this part.

    (2) The modification submission shall contain a description that 

conforms with the pertinent portion of the procedures contained in 

appendix B.

    (3) The modification submission will be handled in accordance with 

the procedures of paragraphs (c) and (d) of this section as though it 

were a new program.



[56 FR 28254, June 19, 1991, as amended at 64 FR 60990, Nov. 8, 1999]