[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR236.110]

[Page 645-646]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 236_RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, 
 
              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

[[Page 646]]

    (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 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]