By: Michael W. Shumate

On December 15, 2020 the FRA published amendments to 49 CFR Parts 219, 240, and 242, revising its regulations governing the qualification and certification of locomotive engineers to make it consistent with its established regulations for the qualification and certification of conductors. The changes include:

• Amending the program submission process;
• Handling engineer and conductor petitions for review with a single FRA review board (Operating Crew Review Board or OCRB); and
• Revising the filing requirements for petitions to the OCRB.

 The full text of the amendments can be found at: https://railroads.dot.gov/regulations-fr/rulemaking/2020-27209

 Summary of Amendments:

49 CFR Part 219

• Sections 219.25 and 219.1003 are amended to update cross references to Part 240 in accordance with the other amendments discussed below.

49 CFR Part 240 – Qualification and Certification of Locomotive Engineers

• Section 240.7 – Definitions
  • Definitions added or revised to mirror those in Section 242
  • Adds definitions for:
    • conductor
    • drug and alcohol counselor
    • ineligible or ineligibility
    • on the job training (OJT)
    • physical characteristics
    • plant railroad
    • substance abuse professional
    • territorial qualifications
    • tourist, scenic, or excursion operations that are not part of the general system of transportation
  • Revises definitions of:
    • file, filed, and filing
    • FRA representative
    • instructor engineer
      • made as similar as possible to “qualified instructor” in section 242
    • medical examiner
    • qualified
    • railroad rolling stock
    • substance abuse disorder
  • Section 240.103 – Approval of Design of Individual Railroad Programs by FRA
    • The filing and approval process is now modified to mirror the existing process required by Section 242.103.
  • Section 240.107 – Types of Service
    • No substantive changes, just a modification of the section heading
  • Section 240.111 – Individual’s Duty to Furnish Data on Prior Safety Conduct as Motor Vehicle Operator
    • Amendment clarifies that for purposes of motor vehicle driving record checks and the reporting of certain motor vehicle incidents, the requirements apply equally to a person with a foreign-issued driver license as to a person with a U.S.-issued driver license.
  • Section 240.115 – Criteria for Consideration of Prior Safety Conduct as a Motor Vehicle Operator
    • Criteria are revised to mirror those contained in Section 242.111 (a) through (f) and (o)
  • Section 240.117 – Criteria for Consideration of Operating Rules Compliance Data
    • Criteria are revised to mirror those contained in Section 242.403
  • Section 240.121 – Criteria for Vision and Hearing Acuity Data
    • Criteria in paragraphs (a) and (d) are revised to mirror those contained in Section 242.117 (a) and (i)
      • updates references to more modern ANSI standards
    • Section 240.123 – Training
      • Revised to be similar to the training requirements in Section 242.119 and to relate the training requirements of Section 240 to the requirements found in Section 243
    • Section 240.307 – Revocation of Certification
      • Revised to mirror the revocation procedures for conductor certification in Section 242.407.
    • Section 240.308 – Multiple Certifications
      • Clarifies that paragraph (d) applies to passenger train operations
    • Section 240.401 – Review Board Established
      • LERB is now merged into the FRA’s OCRB, which will adjudicate both engineer and conductor certification and recertification
    • Section 240.403 – Petition Requirements
      • Requirements are revised to mirror those contained in Section 242.503
    • Section 240.405 – Processing Certification Review Petitions
      • Requirements are revised to mirror those contained in Section 242.505
    • Section 240.411 – Appeals
      • Appeal instructions are revised to mirror those contained in Section 242.511
    • Appendix B
      • Job titles are updated and requirements are clarified

49 CFR Part 242

• Section 242.7 – Definitions
  • In the definition of “main track” a reference to PTC as a method of operation is removed due to being incorrect
  • “substance abuse disorder” is amended to be consistent with the definition in Part 240
• Section 242.103 – Approval of Design of Individual Railroad Programs by FRA
  • Primary method for submitting certification programs is by email to FRAOPCERTPROG@dot.gov.
  • Copies of submissions must be provided to the president of each labor organization that represents the railroad’s conductors, and railroads must affirm to the FRA that they have done so
• Section 242.117 – Vision and Hearing Acuity
  • Changes made consistent with section 240.121 regarding ANSI calibration standards
  • Audiometers are not subject to a single industry standard
• Section 242.213 – Multiple Certifications
  • Clarifies that paragraph (e) applies to passenger train operations
• Section 242.403 – Criteria for Revoking Certification
  • No substantive changes
• Section 242.503 – Petition Requirements
  • Language changed to match Section 240.403, no substantive change
• Section 242.505 – Processing Certification Review Petitions
  • Clarifies that the standard of review for procedural issues us the same as in Section 240.405
• Section 242.511 – Appeals
  • Modified so the instructions in Parts 240 and 243 are the same.
  • Two copies of appeals need no longer be served

For further information, please contact Michael Shumate at mshumate@fletcher-sippel.com.