[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: 49CFR240.405]



[Page 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. 240.405  Processing qualification review petitions.



    (a) Each petition shall be acknowledged in writing by FRA. The 

acknowledgment shall contain the docket number assigned to the petition 

and a statement of FRA's intention that the Board will render a decision 

on this petition within 180 days from the date that the railroad's 

response is received or from the date upon which the railroad's response 

period has lapsed pursuant to paragraph (c) of this section.

    (b) Upon receipt of the petition, FRA will notify the railroad that 

it has received the petition and provide the railroad with a copy of the 

petition.

    (c) The railroad will be given a period of not to exceed 60 days to 

submit to FRA any information that the railroad considers pertinent to 

the petition. Late filings will only be considered to the extent 

practicable.

    (d) A railroad that submits such information shall:

    (1) Identify the petitioner by name and the docket number of the 

review proceeding;

    (2) Provide a copy of the information being submitted to FRA to the 

petitioner.

    (3) Submit the information in triplicate to the Docket Clerk, 

Federal Railroad Administration, 400 Seventh Street SW., Washington, DC 

20590;

    (e) Each petition will then be referred to the Locomotive Engineer 

Review Board for a decision.

    (f) The Board will determine whether the denial or revocation of 

certification or recertification was improper under this regulation 

(i.e., based on an incorrect determination that the person failed to 

meet the qualification requirements of this regulation) and grant or 

deny the petition accordingly. The Board will not otherwise consider the 

propriety of a railroad's decision, i.e., it will not consider whether 

the railroad properly applied its own more stringent requirements.

    (g) Notice of that decision will be provided in writing to both the 

petitioner and the railroad. The decision will include findings of fact 

on which it is based.



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