[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR236.110]



[Page 610-611]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 236_RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE 

 

              Subpart A_Rules and Instructions: All Systems

 

Sec.  236.110  Results of tests.



    (a) Results of tests made in compliance with Sec. Sec.  236.102 to 

236.109, inclusive; 236.376 to 236.387, inclusive; 236.576; 236.577; 

236.586 to 236.589, inclusive; and 236.917(a) must be recorded on 

preprinted forms provided by the railroad or by electronic means, 

subject to approval by the FRA Associate Administrator for Safety. These 

records must show the name of the railroad, place and date, equipment 

tested, results of tests, repairs, replacements, adjustments made, and 

condition in which the apparatus was left. Each record must be:

    (1) Signed by the employee making the test, or electronically coded 

or identified by number of the automated test equipment (where 

applicable);

    (2) Unless otherwise noted, filed in the office of a supervisory 

official having jurisdiction; and

    (3) Available for inspection and replication by FRA and FRA-

certified State inspectors.

    (b) Results of tests made in compliance with Sec.  236.587 must be 

retained for 92 days.

    (c) Results of tests made in compliance with Sec.  236.917(a) must 

be retained as follows:

    (1) Results of tests that pertain to installation or modification 

must be retained for the life-cycle of the equipment tested and may be 

kept in any office designated by the railroad; and

    (2) Results of periodic tests required for maintenance or repair of 

the equipment tested must be retained until the next record is filed but 

in no case less than one year.

    (d) Results of all other tests listed in this section must be 

retained until the next record is filed but in no case less than one 

year.

    (e) Electronic or automated tracking systems used to meet the 

requirements contained in paragraph (a) of this section must be capable 

of being reviewed and monitored by FRA at any time to ensure the 

integrity of the system. FRA's Associate Administrator for Safety may 

prohibit or revoke a railroad's authority to utilize an electronic or 

automated tracking system in lieu of preprinted forms if FRA finds that 

the electronic or automated tracking system is not properly secured, is 

inaccessible to FRA, FRA-certified State inspectors, or railroad 

employees requiring access to discharge



[[Page 611]]



their assigned duties, or fails to adequately track and monitor the 

equipment. The Associate Administrator for Safety will provide the 

affected railroad with a written statement of the basis for his or her 

decision prohibiting or revoking the railroad from utilizing an 

electronic or automated tracking system.



[70 FR 11095, Mar. 7, 2005]