locomotive engineer certification

the ofr/gpo partnership is committed to presenting accurate and reliable regulatory information on federalregister.gov with the objective of establishing the xml-based federal register as an acfr-sanctioned publication in the future. fra is proposing to revise its regulation governing the qualification and certification of locomotive engineers to make it consistent with its regulation for the qualification and certification of conductors. please see the privacy act heading in the supplementary information section of this document for privacy act information related to any submitted comments or materials. accordingly, fra is proposing to revise its regulation governing the minimum requirements for the qualification and certification of locomotive engineers to make certain provisions consistent with its regulation for the qualification and certification of conductors and to update and clarify, as appropriate, the existing requirements of the locomotive engineer certification regulation. fra proposes to amend paragraph (c) of this section to conform it to paragraph (c) of § 242.1. however, the intent of the paragraph remains the same—i.e., even though a person may have a job classification title other than “locomotive engineer,” the locomotive engineer certification requirements of this rule apply to that person if he or she meets the definition of locomotive engineer. [4] fra notes that part 242 does not contain any language comparable to the language in existing paragraphs (a) and (b) of this section. fra proposes to add the same definition of this term as the definition of “ineligible or ineligibility” in part 242 and to describe some instances when a person may not serve as a locomotive engineer. meanwhile, because of the different classes of locomotive engineer service, fra proposes a minimum service requirement in the class of service for which a person is designated to instruct. fra notes that as proposed, not all instructor engineers will be required to have a minimum of 12 months of experience in the class of service for which the person is designated to instruct. fra proposes to add a definition of ocu to part 240 that is the same as that used in part 229 of this chapter. for example, in proposed § 240.307(c)(11)(iii), fra proposes that a railroad issuing a decision must serve that decision on the employee and the employee’s representative, if any, as well as a requirement for the railroad to retain proof of that service. also, fra is proposing to redesignate existing paragraph (c)(2) as paragraph (e)(2) and then revise that paragraph to be the same as § 242.103(g)(2), indicating that a deficient program may remain in effect for a specified period of time “so long as the railroad has complied with the requirements” for resubmission found in another paragraph of this section. although the proposed requirement to serve programs would be new to part 240, fra considered that part 240 was effective in 1991 and it would be expected that each president of a relevant labor organization that wanted a copy of a railroad’s locomotive engineer certification program would have obtained it by now. for example, an individual who is a student locomotive serving engineer would be prohibited from operating with a locomotive coupled to cars—even if operating under the direct and immediate supervision of a qualified instructor engineer. the proposed changes to paragraph (f) would address what an individual must do when a railroad is informed by an authority with driver’s license information that additional information about the individual may exist in files of a foreign country. paragraph (e) of § 242.111 provides that if a railroad certifies or recertifies an individual as a conductor for 60 days under § 242.111, but cannot obtain and evaluate the required information during those 60 days, the person is ineligible to perform as a conductor until the information can be evaluated. thus, a railroad could not revoke a locomotive engineer’s certificate for an alleged violation of a railroad rule or practice that is more stringent than the condition or restrictions required by part 240. this proposal conforms to § 242.403(f)(4). fra is also proposing to remove the word “failure” from the phrase “refusal or failure” in existing paragraph (c)(2) and renumber the paragraph as proposed paragraph (e)(2) of this section. when that is the case, the railroad is only required to supplement the certification training program with the updated ojt portion as a material modification as required in §§ 240.103(e) and 242.103(i). fra proposes to revise paragraph (a) of this section to be the same as paragraph (a) of § 242.121, which sets forth the requirement that railroads must adopt and comply with a program meeting the requirements of the section. fra proposes to amend this section by adding a semicolon at the end of paragraph (b)(2)(i). finally, in paragraph (c), fra proposes to add a comma after the phrase “[i]f a person fails to achieve a passing score under the testing procedures required by this part.” the proposed changes do not change the meaning of this section and the requirements of this existing section are consistent with the requirements of § 242.121(f) and (g). existing paragraph (a) of this section requires a railroad, before denying an individual’s certification or recertification, to notify the individual of information known to the railroad that forms a basis for denying his or her certification and to provide the individual with a reasonable opportunity to explain or rebut the information in writing. as it does under existing part 240, under this proposed rule the ocrb would already have the authority to order a railroad to produce these types of documents and fra would not expect these documents to be privileged. as proposed, paragraph (d) would be the same as paragraph (c) of § 242.205. fra also proposes to add new language to paragraph (e) clarifying that it is unlawful for a railroad to knowingly, or an individual to willfully, make a false entry on or falsify the lists this section requires. proposed paragraph (a) would be the same as paragraph (a) of § 242.211 and would make railroads responsible for providing replacement certificates to engineers at no cost to the locomotive engineer. in addition, any relevant information required to be provided under this section that leads to the suspension of an engineer’s certificate pursuant to paragraph (b)(1), is to be provided through statements of an employee of the convening railroad, and the railroad must make that employee available for examination during the hearing. fra is proposing revisions to paragraph (c)(11) to make it the same as paragraph (c)(11) of § 242.407, including expanding what information is required in the railroad’s written decision and who must be served with a copy of that decision. the other option is for the locomotive engineer who is operating without an assigned certified conductor to have a certified conductor attach to the crew “in a manner similar to that of an independent assignment.” see proposed § 240.308(c) and (d). as proposed, paragraph (i)(2) would be the same as paragraph (i)(2) of § 242.215. existing subpart e details the opportunities and procedures for an individual to appeal a decision by a railroad to deny certification or recertification or to revoke an individual’s locomotive engineer certification. in paragraph (a), fra proposes to substitute the word “certification” for “qualification” to clarify that fra is reviewing railroads’ certification decisions, not railroads’ decisions as to whether individuals meet the “qualification” requirements of part 240. this proposed change would make paragraph (a) of § 240.401 the same as paragraph (a) of § 242.501 and is not intended to change the substantive requirements of this paragraph. existing § 240.403 provides the requirements for obtaining fra review of a railroad’s decision to deny certification, deny recertification, or revoke certification. therefore, fra proposes to revise paragraph (b) of this section to specify that, as opposed to fra providing the railroad with a copy of each petition it receives under part 240, fra will notify the railroad of its receipt of a petition under part 240 and where the petition may be accessed online. fra proposes to revise paragraph (d)(2) to clarify that a railroad must serve a copy of its response on the petitioner and the petitioner’s representative, if any. fra expects that this change would reduce copying expenses for both parties by not having to file in triplicate, and may also reduce the amount of time it takes to file a petition. fra notes this proposed rule would necessarily require the ocrb to determine whether a railroad revoked the correct certificate of an individual who holds both an engineer and conductor certification.




fra proposes minor revisions to this section to make the language the same as that in the corresponding provision of part 242 (§ 242.509). the existing citation is found at § 240.403(e), and this proposed rule would change that citation to paragraph (d) of that section. existing appendix d to part 240 (appendix d) addresses part 240’s requirements that each person seeking certification or recertification as a locomotive engineer must request that a check of the ndr be conducted and that the resulting information be furnished to his or her employer or prospective employer. [11] fra is also aware that it would not be fair to change the time limits for a filing (e.g., changing the time limits for filing a denial of certification petition with the ocrb from 180 days to 120 days in § 240.403) in cases whose time limits have already started to run. that is, under the amendments to § 240.115, workers may begin work as a locomotive engineer sooner and railroads would have available a larger pool of workers who would be qualified to work as locomotive engineers. for the railroad industry over a 20-year period, fra estimates that issuing the proposed rule would result in new costs of $166,054 (pv 7%) and $194,843 (pv 3%). the proposed rule would codify long-standing agency interpretations of whether a railroad or individual meets and maintains compliance with fra’s locomotive engineer certification requirements. 13771, fra initiated a review of its existing regulations with the goal of identifying those it could amend or eliminate to reduce the overall regulatory, paperwork, and cost burden on entities subject to fra jurisdiction. railroad revenue is adjusted for inflation by applying a revenue deflator formula in accordance with 49 cfr 1201.1-1. this definition is what fra is proposing to use for the rulemaking. fra expects that most of the skills necessary to comply with the proposed regulation would be recordkeeping and reporting personnel. this is the same recordkeeping requirement as in § 242.123(b)(2) and amounts to a new time burden. omb is required to make a decision concerning the collection of information requirements contained in this proposed rule between 30 and 60 days after publication of this document in the federal register. fra has determined that this proposed rule is not a major fra action (requiring the preparation of an environmental impact statement or environmental assessment) because it is categorically excluded from detailed environmental review pursuant to section 4(c)(20) of fra’s procedures. as a result, fra finds that this proposed rule is not a major federal action significantly affecting the quality of the human environment. (c) except as provided in § 240.308, nothing in this part shall be construed to create or prohibit an eligibility or entitlement to employment in other service for the railroad as a result of denial, suspension, or revocation of certification under this part. (2) if a railroad does not have designated employee representation, then a person employed by the railroad need not comply with paragraph (1)(ii) or (iii) of this definition to be an instructor engineer. for purposes of this part, the term rcl does not refer to a locomotive or group of locomotives remotely controlled from the lead locomotive of a train, as in a distributed power arrangement. (f) if a person requests the information required pursuant to paragraph (h) of this section but is unable to obtain it, that person or the railroad certifying or recertifying that person may petition for a waiver of the requirements of paragraph (b) of this section in accordance with the provisions of part 211 of this chapter. when any person including, but not limited to, each railroad, railroad officer, supervisor, and employee violates any requirement of a program that complies with the requirements of this section, that person shall be considered to have violated the requirements of this section. each railroad, prior to initially certifying or recertifying any person as a locomotive engineer for any type of service, shall determine that the person meets the eligibility requirements of this section. nothing in this part shall affect the responsibility of the railroad under § 219.1003(f) of this chapter to treat qualified referrals for substance abuse counseling and treatment as confidential; and the certification status of a locomotive engineer who is successfully assisted under the procedures of that section shall not be adversely affected. however, when the certified engineer returns to a service that requires certification pursuant to this part, that certified engineer must be tested pursuant to this section and § 240.303 within 30 days of his or her return. the basis for a railroad’s denial decision shall address any explanation or rebuttal information that the locomotive engineer candidate may have provided in writing pursuant to paragraph (a) of this section. (1) shall not revoke the person’s certification as provided for in paragraph (a) of this section if sufficient evidence exists to establish that an intervening cause prevented or materially impaired the locomotive engineer’s ability to comply with the railroad operating rule or practice that constitutes a violation under § 240.117(e)(1) through (5) of this part; or (2) may decide not to revoke the person’s certification as provided for in paragraph (a) of this section if sufficient evidence exists to establish that the violation of § 240.117(e)(1) through (5) of this part was of a minimal nature and had no direct or potential effect on rail safety. (h) a person who has had his or her locomotive engineer certification revoked under § 240.307 of this chapter may not obtain a conductor certificate pursuant to part 242 of this chapter during the period of revocation. (c) within 60 days from the date of the notification provided in paragraph (b) of this section, the railroad may submit to fra any information that the railroad considers pertinent to the petition. all parties may offer relevant evidence, including testimony, and may conduct such cross-examination of witnesses as may be required to make a record of the relevant facts. as provided for in § 240.101, each railroad must have a program for determining the certification of each person it permits or requires to operate a locomotive. the railroad must describe in this section how it will use that latitude and evaluate those it designates as supervisors of locomotive engineers so as to comply with the performance standard set forth in § 240.105(b). each railroad needs to advise fra how that need is satisfied in terms of the interval between attendance at such training, the nature of the training being provided, and methods for conducting the training. a railroad that plans to accept responsibility for the initial training of locomotive engineers may authorize another railroad or a non-railroad entity to perform the actual training effort as long as the other entity complies with the requirements for training organizations and learning institutions in § 243.111 of this chapter. as provided for in § 240.129, each railroad must have a program for the ongoing monitoring of its locomotive engineers to ensure that they operate their locomotives in conformity with the railroad’s operating rules and practices including methods of safe train handling and relevant federal safety rules. the rule, however, provides a good guide to the considerations that should be addressed in designing a program that will meet the performance standards of this rule. in addition to seeking an individual state’s data, each engineer candidate is required to request that a search and retrieval be performed of any relevant information concerning his or her driving record contained in the national driver register (ndr). fra requires that the request be in writing and contain as much detail as is available to improve the reliability of the data search. under the provisions of § 240.111 of this part, each person seeking certification or recertification as a locomotive operator must request that a check of the national driver register (ndr) be conducted and that the resulting information be furnished to his or her employer or prospective employer. 11.  as discussed above, fra is considering requiring the railroads to file their complete part 240 programs, with modifications, with fra and serve the programs on the president of each labor organization that represents the railroad’s certified locomotive engineers.

fra’s locomotive engineer certification regulation (part 240) provided a starting point for discussions to work as a locomotive engineer, you’ll have to complete a training program, become licensed and be at least 21 years old. entry-level positions often only require you to be 18 years old. you’ll have to be fluent in english, competent in math and able to work outdoors in a variety of weather conditions. students may meet the education requirements for locomotive engineering certification with a, fra locomotive engineer certification, fra locomotive engineer certification, locomotive engineer certification programs, locomotive engineer certification test, locomotive engineer training program near me. [u’ Federal Railroad Administration certification is required for all locomotive engineers working in the United States. Obtaining this certification can take several years and involves classroom work, home study, and hands-on skills training and experience.

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