The Code of Federal Regulations of the United States of America

(5) Specialized knowledge of the requirements of the Rules, Standards and Instructions for Railroad Signal Systems, including the remedial action required to bring signal and train control systems into compliance with the standards.

§ 212.209 Train control inspector.

(a) The train control inspector is required, at a minimum, to be able to conduct independent inspections of automatic cab signal, automatic train stop, and automatic train control devices on board locomotives for the purpose of determining compliance with Subpart E of the Rules, Standards and Instructions for Railroad Signal Systems (49 CFR 236) and to recommend the institution of enforcement action when appropriate to promote compli

ance.

(b) The train control inspector is required, at a minimum, to have at least four years of recent experience in locomotive construction or maintenance. A bachelor's degree in electrical engineering or a related technical specialization may be substituted for two of the four years of this experience requirement and successful completion of the apprentice training program may be substituted for the four year experience requirement.

(1) A comprehensive knowledge of the various train control systems used on board locomotives, locomotive air brake systems and test and inspection procedures;

(2) The ability to understand and detect deviations from:

(i) Train control maintenance standards accepted in the industry; and

(ii) Subpart E of the Rules, Standards and Instructions for Railroad Signal Systems (40 CFR Part 236);

(3) Knowledge of operating practices and train control systems sufficient to understand the safety significance of deviations and combinations of deviations; and

(4) Specialized knowledge of the requirements of Subpart E of the Rules, Standards and Instructions for Railroad Signal Systems, including the remedial action required to bring train

control systems used on board locomotives into compliance with the standards.

§ 212.211 Apprentice signal and train control inspector.

(a) The apprentice signal and train control inspector must be enrolled in a program of training prescribed by the Associate Administrator leading to qualification as a signal and train control inspector. The apprentice inspector may not participate in the investigative and surveillance activities, except as an assistant to a qualified State or FRA inspector while accompanying that qualified inspector.

(b) Prior to being enrolled in the program the apprentice inspector shall demonstrate:

(1) Working knowledge of basic electricity and the ability to use electrical test equipment in direct current and alternating current circuits; and

(2) A basic knowledge of signal and train control inspection and maintenance methods and procedures.

§ 212.213 Motive power and equipment (MP&E) inspector.

(a) The MP&E inspector is required, at a minimum, to be able to conduct independent inspections of railroad equipment for the purpose of determining compliance with all sections of the Freight Car Safety Standards (49 CFR Part 215), Safety Glazing Standards (49 CFR Part 223), Locomotive Safety Standards (49 CFR Part 229), Safety Appliance Standards (49 CFR Part 231), and Power Brake Standards (49 CFR Part 232), to make reports of those inspections and to recommend the institution of enforcement actions when appropriate to promote compli

ance.

(b) The MP&E inspector is required, at a minimum, to have at least four years of recent experience in the construction or maintenance of railroad rolling equipment. A bachelor's degree in engineering or a related technical specialization may be substituted for two of the four years of this experience requirement and successful completion of the apprentice training program may be substituted for the four year experience requirement.

(1) A comprehensive knowledge of construction, testing, inspecting and repair of railroad freight cars, passenger cars, locomotives and air brakes;

(2) The ability to understand and detect deviations from:

(i) Railroad equipment maintenance standards accepted in the industry; and

(ii) The Freight Car Safety Standards, Safety Glazing Standards, Locomotive Safety Standards, Safety Appliance Standards and Power Brake Standards.

(3) The knowledge of railroad operating procedures associated with the operation of freight cars, passenger cars, locomotives and air brakes sufficient to understand the safety significance of deviations and combinations of deviations; and

(4) Specialized knowledge of proper remedial action to be taken in order to bring defective freight cars, passenger cars, locomotives, and air brakes into compliance with applicable Federal standards.

§ 212.215 Locomotive inspector.

(a) The locomotive inspector is required, at a minimum, to be able to conduct independent inspections of locomotives and air brake systems for the purpose of determining compliance with applicable sections of the Safety Glazing Standards (49 CFR Part 223), Locomotive Safety Standards (49 CFR Part 229), Safety Appliance Standards (49 CFR Part 231) and Power Brake Standards (49 CFR Part 232), to make reports of those inspections and to recommend the institution of enforcement actions when appropriate to promote compliance.

(b) The locomotive inspector is required, at a minimum, to have at least four years of experience in locomotive construction or maintenance. A bachelor's degree in mechanical engineering or a related technical specialization may be substituted for two of the four years of this experience requirement and successful completion of the apprentice training program may be substituted for the four year experience requirement.

(1) A comprehensive knowledge of construction, testing, inspecting and repair of locomotive and air brakes;

(2) The ability to understand and detect deviations from:

(i) Railroad equipment maintenance standards accepted in the industry; and

(ii) Safety Glazing Standards, Locomotive Safety Standards, Safety Appliance Standards and Power Brake Standards;

(3) The knowledge of railroad operating procedures associated with the operation of locomotives and air brakes sufficient to understand the safety significance of deviations and combinations of deviations; and

(4) Specialized knowledge of proper remedial action to be taken in order to bring defective locomotives, and air brakes into compliance with applicable Federal standards.

(a) The car inspector is required, at a minimum, to be able to conduct independent inspections of railroad rolling stock for the purpose of determining compliance with all sections of the Freight Car Safety Standards (49 CFR Part 215), Safety Glazing Standards (49 CFR Part 223), Safety Appliance Standards (49 CFR Part 231) and Power Brake Standards (49 CFR Part 232), to make reports of those inspections and to recommend the institution of enforcement actions when appropriate to promote compliance.

(b) The car inspector is required, at a minimum, to have at least two years of recent experience in freight car or passenger car construction, maintenance or inspection. Successful completion of the apprentice training program may be substituted for this two year experience requirement.

(1) A comprehensive knowledge of the construction and testing of freight and passenger cars and air brakes;

(2) The ability to understand and detect deviations from:

(i) Railroad freight and passenger car maintenance standards accepted in the industry; and

(ii) The Freight Car Safety Standards (49 CFR Part 215), Safety Glazing Standards (49 CFR Part 223), Safety Appliance Standards (49 CFR Part 231) and Power Brake Standards (49 CFR Part 232);

(3) The knowledge of railroad operating procedures associated with the operation of freight and passenger cars and air brakes sufficient to understand the safety significance of deviations and combinations of deviations; and

(4) Specialized knowledge of proper remedial action to be taken in order to bring defective freight and passenger car equipment and air brakes into compliance with applicable Federal standards.

§ 212.219 Apprentice MP&E inspector.

(a) The apprentice MP&E inspector must be enrolled in a program of training prescribed by the Associate Administrator leading to qualification as an MP&E inspector. The apprentice may not participate in investigative and surveillance activities, except as an assistant to a qualified State or FRA inspector while accompanying that qualified inspector.

(b) An apprentice MP&E inspector shall demonstrate basic knowledge of railroad equipment and air brake inspection, testing and maintenance, prior to being enrolled in the program.

§ 212.221 Operating practices inspector.

(a) The operating practices inspector is required, at a minimum, to be able to conduct independent inspections for the purpose of determining compliance with all sections of the Federal operating practice regulations (49 CFR Parts 217, 218, 219, 220, 221, 225 and 228) and the Hours of Service Act (45 U.S.C. 61-64b), to make reports of those inspections, and to recommend the institution of enforcement actions when appropriate to promote compli

ance.

(b) The operating practices inspector is required at a minimum to have at least four years of recent experience in developing or administering railroad operating rules. Successful com

pletion of the apprentice training program may be substituted for this four year experience requirement.

(1) A comprehensive knowledge of railroad operating practices, railroad operating rules, duties of railroad employees, and general railroad nomenclature;

(2) The ability to understand and detect deviations from:

(i) Railroad operating rules accepted in the industry; and

(ii) Federal operating practice regulations;

(3) Knowledge of operating practices and rules sufficient to understand the safety significance of deviations; and

(4) Specialized knowledge of the requirements of the Federal operating practices regulations listed in paragraph (a) of this section, including the remedial action required to bring railroad operations into compliance with the regulations.

[47 FR 41051, Sept. 16, 1982, as amended at 50 FR 31578, Aug. 2, 1985]

§ 212.223 Operating practices compliance inspector.

(a) The operating practices compliance inspector is required, at a minimum, to be able to conduct independent inspections for the purpose of determining compliance with the requirements of the following:

(1) Operating Rules-blue flag (49 CFR Part 218);

(2) Control of Alcohol and Drug Use (49 CFR Part 219);

(3) Rear End Marking Device Regulations (49 CFR Part 221);

(4) Railroad accidents/incidents: reports classification and investigations (49 CFR Part 225); and

(5) Hours of Service Act (45 U.S.C. 61-64b) and implementing regulations (49 CFR Part 228); to make reports of those inspections and to recommend the institution of enforcement actions when appropriate to promote compli

ance.

(b) The operating practices compliance inspector is required, at a minimum, to have at least two years of recent experience in developing or ad

ministering railroad operating rules. Successful completion of the apprentice training program may be substituted for the two year experience requirement.

(1) A basic knowledge of railroad operations, duties of railroad employees and general railroad safety as it relates to the protection of railroad employees;

(2) A basic knowledge of railroad rules and practices;

(3) The ability to understand and detect deviations from the requirements cited in paragraph (a) of this section; and

(4) Specialized knowledge of the requirements of the Federal operating practices regulations listed in paragraph (a) of this section, including the remedial action required to bring defective conditions into compliance with the applicable Federal standards. [47 FR 41051, Sept. 16, 1982, as amended at 50 FR 31578, Aug. 2, 1985]

§ 212.225 Apprentice operating practices inspector.

(a) The apprentice operating practices inspector must be enrolled in a program of training prescribed by the Associate Administrator leading to qualification as an inspector. The apprentice inspector may not participate in investigative and surveillance activities, except as an assistant to a qualified State or FRA inspector while accompanying that qualified inspector.

(b) An apprentice operating practices inspector shall demonstrate basic knowledge of railroad operating practices, railroad operating rules and general duties of railroad employees prior to being enrolled in the program.

Subpart D-Grants in Aid

§ 212.301 Grant authority.

The FRA is authorized to pay, out of funds appropriated for the purpose, up to 50 percent of the cost of the personnel, equipment, and activities reasonably required for a State agency to carry out investigative and surveillance activities prescribed by the FRA as necessary for enforcement of the Federal railroad safety laws and regulations.

§ 212.303 Annual funding process.

(a) A State agency that is participating in investigative and surveillance and related administrative or supervisory activities under this part by agreement or certification, or any State agency making application for such participation, may apply for funding under this subpart. An application for funding for a full fiscal year should be submitted to the Associate Administrator not later than sixty (60) days prior to commencement of that fiscal year. Applications for funding may be submitted at any time during a fiscal year by a State agency that is initially commencing investigative and surveillance activities for the remainder of that fiscal year.

(b) An application shall contain: (1) Assurance satisfactory to the Associate Administrator that:

(i) The State agency will provide the remaining cost of the safety program conducted with respect to the agreement or certification entered into under this part; and

(ii) The aggregate expenditure of funds of the State, exclusive of Federal grants, for the safety program conducted with respect to the agreement or certification entered into under this part will be maintained at a level which does not fall below the average level of equivalent expenditures by the States for the two fiscal years preceding October 16, 1970.

(2) A description of the State safety program conducted with respect to the agreement or certification entered into under this part, including a description of the personnel, equipment and activities to be involved in the State program; and

(3) A summary of estimated program costs for the fiscal year.

(c) Approval of a funding application, in whole or in part, constitutes a conditional obligation of funds in the approved amount. Payment is made in reimbursement of allowable costs actually incurred, not to exceed the approved amount.

(d) The Associate Administrator determines the apportionment of Federal funds to be paid to each State agency which submits a funding application under this subpart.

(Approved by the Office of Management and the Budget under control number 21300509)

§ 212.305 Reports.

Each State agency receiving funding under this subpart shall submit periodic reports of investigative and surveillance activities, and expenses incurred in relation to those activities, as required by the States Participation Program Manual.

(Approved by the Office of Management and Budget under control number 21300509)

§ 212.307 Maximum reimbursement levels.

(a) Agreement. (1) The maximum level of inspection effort for which funding will be authorized with respect to a State agency participating by agreement is determined by the Associate Administrator, subject to paragraph (a)(2) of this section. In determining the maximum level of effort that will be funded, the Associate Administrator considers:

(i) The number of inspection points or miles of track requiring coverage;

(ii) Traffic levels of railroads operating in the State;

(iii) Accident history and accident potential of railroads in the State;

(iv) Any undertakings by the State agency to provide investigative and surveillance activities under the laws set forth at § 212.3(d)(2) through (6) of this part;

(v) The deployment of FRA personnel; and

(vi) Other relevant factors, including available obligational authority.

(2) Upon the request of a State agency providing all planned compliance inspections under the Federal

Railroad Safety Act of 1970 and consistent with the provisions of this part, the minimum level of effort that FRA will authorize for funding is not less than that set forth in Appendices A, B and C to this part.

(b) Certification. (1) Except as provided in paragraph (b)(2) of this section, the maximum level of inspection effort for which reimbursement may be authorized with respect to a State agency participating by certification is set forth in Appendices A, B and C to this part.

(2) The Associate Administrator may authorize an increase in the maximum level of inspection effort for which reimbursement will be permitted under paragraph (a) of this section. This increase may not exceed more than double the maximum levels prescribed in Appendices A, B and C to this part and must be based on a showing by the State agency that special circumstances necessitate additional investigative and surveillance activities.

(c) Allocation. The FRA reserves the right to allocate available obligational authority among participating States in the event insufficient funds are appropriated to provide the full 50 percent Federal contribution authorized by the Federal Railroad Safety Act of 1970.

(d) Additional participation. A State agency participating by agreement or certification may elect to provide increments of inspection effort beyond the level established for purposes of maximum funding under this subpart. However, all investigative and surveillance activities conducted by a participating State agency must be carried out through personnel qualified under Subpart C of this part.

APPENDIX A-TRACK SAFETY STANDARDS-LEVEL OF INSPECTION EFFORT AND REIMBURSEMENT

As provided in this part, the minimum level of investigative and surveillance effort for a State agency participating by certification and the maximum reimbursement level for the Federal share of such activities with respect to the Track Safety Standards are specified for each State and are expressed in terms of man-years of effort.

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