§ 240.103 Approval of design of individual railroad programs by FRA. ( a ) Each railroad shall submit its written certification program and a description of how its program conforms to the specific requirements of this part in accordance with the procedures contained in appendix B to this part and shall submit this written certification program for approval at least 60 days before commencing operations. The primary method for a railroad's submission is by email to *FRAOPCERTPROG@dot.gov .* For those railroads that are unable to send the program by email, the program may be sent to the Associate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
( b ) Each railroad shall: ( 1 ) Simultaneous with its filing with FRA, provide a copy of the submission filed pursuant to paragraph (a) of this section, a resubmission filed pursuant to paragraph (f) of this section, or a material modification filed pursuant to paragraph (g) of this section to the president of each labor organization that represents the railroad's employees subject to this part; and
( 2 ) Include in its submission filed pursuant to paragraph (a) of this section, a resubmission filed pursuant to paragraph (f) of this section, or a material modification filed pursuant to paragraph (g) of this section a statement affirming that the railroad has provided a copy to the president of each labor organization that represents the railroad's employees subject to this part, together with a list of the names and addresses of persons provided a copy.
( c ) Not later than 45 days from the date of filing a submission pursuant to paragraph (a) of this section, a resubmission pursuant to paragraph (f) of this section, or a material modification pursuant to paragraph (g) of this section, any designated representative of railroad employees subject to this part may comment on the submission, resubmission, or material modification. ( 1 ) Each comment shall set forth specifically the basis upon which it is made, and contain a concise statement of the interest of the commenter in the proceeding;
( 2 ) Each comment shall be submitted by email to *FRAOPCERTPROG@dot.gov* or by mail to the Associate Administrator for Railroad Safety/Chief Safety Officer, FRA, 1200 New Jersey Avenue SE, Washington, DC 20590; and
( 3 ) The commenter shall affirm that a copy of the comment was provided to the railroad.
( d ) The submission required by paragraph (a) of this section shall state the railroad's election either: ( 1 ) To accept responsibility for the training of student engineers and thereby obtain authority for that railroad to certify initially a person as an engineer in an appropriate class of service, or
( 2 ) To recertify only engineers previously certified by other railroads.
( e ) A railroad that elects to accept responsibility for the training of student engineers shall state in its submission whether it will conduct the training program or employ a training program conducted by some other entity on its behalf but adopted and ratified by that railroad.
( f ) A railroad's program is considered approved and may be implemented 30 days after the required filing date (or the actual filing date) unless the Administrator notifies the railroad in writing that the program does not conform to the criteria set forth in this part. ( 1 ) If the Administrator determines that the program does not conform, the Administrator will inform the railroad of the specific deficiencies.
( 2 ) If the Administrator informs the railroad of deficiencies more than 30 days after the initial filing date, the original program may remain in effect until 30 days after approval of the revised program is received so long as the railroad has complied with the requirements of paragraph (g) of this section.
( g ) A railroad shall resubmit its program within 30 days after the date of such notice of deficiencies. A failure to resubmit the program with the necessary revisions will be considered a failure to implement a program under this part. ( 1 ) The Administrator will inform the railroad in writing whether its revised program conforms to this part.
( 2 ) If the program does not conform, the railroad shall resubmit its program.
( h ) A railroad that intends to modify materially its program after receiving initial FRA approval shall submit a description of how it intends to modify the program in conformity with the specific requirements of this part at least 60 days prior to implementing such a change. ( 1 ) A modification is material if it would affect the program's conformance with this part.
( 2 ) The modification submission shall contain a description that conforms to the pertinent portion of the procedures contained in appendix B of this part.
( 3 ) The modification submission will be handled in accordance with the procedures of paragraphs (b) and (c) of this section as though it were a new program.
[85 FR 81309, Dec. 15, 2020]