[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: 49CFR240.403]



[Page 760-761]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 

of Contents

 

                 Subpart E_Dispute Resolution Procedures

 

Sec. 240.403  Petition requirements.



    (a) To obtain review of a railroad's decision to deny certification, 

deny recertification, or revoke certification, a person shall file a 

petition for review that complies with this section.

    (b) Each petition shall:

    (1) Be in writing;

    (2) Be submitted in triplicate to the Docket Clerk, Office of Chief 

Counsel, Federal Railroad Administration, 1120 Vermont Avenue, NW, 

Washington, DC 20590;

    (3) Contain all available information that the person thinks 

supports the person's belief that the railroad acted improperly, 

including:

    (i) The petitioner's full name;

    (ii) The petitioner's current mailing address;

    (iii) The petitioner's daytime telephone number;

    (iv) The name and address of the railroad; and

    (v) The facts that the petitioner believes constitute the improper 

action by the railroad, specifying the locations, dates, and identities 

of all persons who were present or involved in the railroad's actions 

(to the degree known by the petitioner);

    (4) Explain the nature of the remedial action sought;

    (5) Be supplemented by a copy of all written documents in the 

petitioner's possession that document that railroad's decision; and

    (6) Be filed in a timely manner.

    (c) A petition seeking review of a railroad's decision to deny 

certification or recertification filed with FRA more than 180 days after 

the date of the railroad's denial decision will be denied as untimely.

    (d) A petition seeking review of a railroad's decision to revoke 

certification in accordance with the procedures required by Sec. 

240.307 filed with FRA more than 120 days after the date of the 

railroad's revocation decision will be denied as untimely except that 

the Locomotive Engineer Review Board for cause shown may extend the 

petition filing period at any time in its discretion:

    (1) Provided the request for extension is filed before the 

expiration of the period provided in this paragraph (d); or

    (2) Provided that the failure to timely file was the result of 

excusable neglect.

    (e) A party aggrieved by a Board decision to deny a petition as 

untimely



[[Page 761]]



may file an appeal with the Administrator in accordance with Sec. 

240.411.



[56 FR 28254, June 19, 1991, as amended at 64 FR 60995, Nov. 8, 1999; 64 

FR 70196, Dec. 16, 1999]