[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: 49CFR244.13]



[Page 801-802]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 244_REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD 

 

                   Subpart B_Safety Integration Plans

 

Sec.  244.13  Subjects to be addressed in a Safety Integration Plan 

involving an amalgamation of operations.



    Each Safety Integration Plan involving an amalgamation of operations 

shall address the following subjects for railroad operations conducted 

on property subject to the transaction:

    (a) Corporate culture. Each applicant shall:

    (1) Identify and describe differences for each safety-related area 

between the corporate cultures of the railroads involved in the 

transaction;

    (2) Describe how these cultures lead to different practices 

governing rail operations; and

    (3) Describe, in step-by-step measures, the integration of these 

corporate cultures and the manner in which it will produce a system of 

``best practices'' when the transaction is implemented.

    (b) Training. Each applicant shall identify classroom and field 

courses, lectures, tests, and other educational or instructional forums 

designed to ensure the proficiency, qualification, and familiarity with 

the operating rules and operating tasks of territory assigned of the 

following employees, either when these employees are assigned to a new 

territory or the operating rules on a given territory are changed:

    (1) Employees who perform train and engine service;

    (2) Employees who inspect and maintain track and bridges;

    (3) Employees who inspect, maintain and repair any type of on-track 

equipment, including locomotives, passenger cars, and freight cars of 

all types;

    (4) Dispatchers or operators;

    (5) Employees who inspect and maintain signal and train control 

devices and systems;

    (6) Hazardous materials personnel, including information technology 

personnel who affect the transportation of hazardous materials;

    (7) Employees who maintain or upgrade communication systems 

affecting rail operations; and

    (8) Supervisors of employees enumerated in paragraphs (b)(1) through 

(7) of this section.

    (c) Operating practices--(1) Operating rules. Each applicant shall 

identify the operating rules, timetables, and timetable special 

instructions to govern railroad operations, including yard or terminal 

operations and freight or passenger service.

    (2) Alcohol and drug. Each applicant shall identify the post-

accident toxicological testing, reasonable cause testing, and random 

alcohol and drug testing programs as required under 49 CFR part 219.

    (3) Qualification and certification of locomotive engineers. Each 

applicant shall identify the program for qualifying and certifying 

locomotive engineers under 49 CFR part 240.

    (4) Hours of service laws. Each applicant shall identify the 

procedures for complying with the Federal hours of service laws and 

related measures to minimize fatigue of employees covered by 49 U.S.C. 

chapter 211.

    (d) Motive power and equipment. Each applicant shall identify the 

qualification standards for employees who inspect, maintain, or repair 

railroad freight or passenger cars and locomotives, and the designated 

facilities used, or to be used, to repair such equipment.

    (e) Signal and train control. Each applicant shall identify the 

signal and train control systems governing railroad operations and 

maintenance, and



[[Page 802]]



any planned amendments or modifications to capital improvement and 

research and development projects for signal and train control 

operations.

    (f) Track Safety Standards and bridge structures. Each applicant 

shall identify the maintenance and inspection programs for track and 

bridges, and the qualification standards for roadway workers.

    (g) Hazardous Materials. Each applicant shall identify an inspection 

program covering the following areas:

    (1) Field inspection practices;

    (2) Hazardous materials communication standards;

    (3) Emergency response procedures; and

    (4) Information technology systems and personnel employed for 

transmitting or receiving information accompanying hazardous materials 

shipments. The inspection program should identify preventive measures 

that will be employed to respond to potential information technology 

integration and hazardous materials documentation deficiencies.

    (h) Dispatching operations. Each applicant shall identify:

    (1) The railroad dispatching system to be adopted;

    (2) The migration of the existing dispatching systems to the adopted 

system, if applicable; and

    (3) The criteria used to determine workload and duties performed by 

operators or dispatchers employed to execute operations.

    (i) Highway-rail grade crossing systems. Each applicant shall 

identify a program, including its development and implementation, 

covering the following:

    (1) Identification of the highway-rail grade crossings at which 

there will be an increase in rail traffic resulting from the 

transaction;

    (2) An applicant's existing grade-crossing programs as they apply to 

grade crossings identified in paragraph (i)(1) of this section;

    (3) Integration of the grade crossing programs of the railroads 

subject to the transaction to the extent the programs may be different;

    (4) Emergency response actions;

    (5) Avoidance of blocked or obstructed highway-rail crossing systems 

by trains, locomotives, railroad cars, or other pieces of rolling 

equipment; and

    (6) Signs employed for changes in rail traffic patterns.

    (j) Personnel staffing. Each applicant shall identify the number of 

employees by job category, currently and proposed, to perform the 

following types of functions when there is a projected change of 

operations that will impact workforce duties or responsibilities for 

employees of that job category:

    (1) Train and engine service;

    (2) Yard and terminal service;

    (3) Dispatching operations;

    (4) Roadway maintenance;

    (5) Freight car and locomotive maintenance;

    (6) Maintenance of signal and train control systems, devices, and 

appliances;

    (7) Hazardous materials operations; and

    (8) Managers responsible for oversight of safety programs.

    (k) Capital investment. Each applicant shall identify the capital 

investment program, clearly displaying planned investments in track and 

structures, signals and train control, and locomotives and equipment. 

The program shall describe any differences from the program currently in 

place on each of the railroads involved in the transaction.

    (l) Information systems compatibility. Each applicant shall identify 

measures providing for a seamless interchange of information relating to 

the following subject matters:

    (1) Train consists;

    (2) Movements and movement history of locomotives and railroad 

freight cars;

    (3) Dispatching operations;

    (4) Emergency termination of operations; and

    (5) Transportation of hazardous materials.



[67 FR 11604, Mar. 15, 2002, as amended at 67 FR 68045, Nov. 8, 2002]