---
kind: "section"
citation: "49 C.F.R. § 245.205"
title: "49"
number: "245.205"
heading: "List of certified dispatchers and recordkeeping."
url: "https://uscodex.org/cfr/49/245.205"
---

# §245.205. List of certified dispatchers and recordkeeping.

- (a) After a railroad's certification program has received its initial approval from FRA, pursuant to [§ 245.103(f)(1)](/cfr/49/245.103.md?p=f-1), the railroad must maintain a list of each person who is currently certified as a dispatcher by the railroad. The list must include the date of the railroad's certification decision and the date the person's certification expires.
- (b) **The list shall—**
  - (1) Be updated at least annually;
  - (2) Be made available, upon request, to FRA representatives in a timely manner; and
  - (3) **Be available either—**
    - (i) In electronic format pursuant to [paragraph (c)](#c) of this section; or
    - (ii) **At the divisional or regional headquarters of the railroad.**
- (c) If a railroad elects to maintain its list in an electronic format, it must:
  - (1) Maintain an information technology security program adequate to ensure the integrity of the electronic data storage system, including the prevention of unauthorized access to the program logic or the list;
  - (2) Have its program and data storage system protected by a security system that utilizes an employee identification number and password, or a comparable method, to establish appropriate levels of program access meeting all of the following standards:
    - (i) No two individuals have the same electronic identity; and
    - (ii) An entry on the list cannot be deleted or altered by any individual after the entry is certified by the employee who created the entry;
  - (3) **Have any amendment to the list either—**
    - (i) Electronically stored apart from the entry on the list that it amends; or
    - (ii) Electronically attached to the entry on the list as information without changing the original entry;
  - (4) Ensure that each amendment to the list uniquely identifies the person making the amendment; and
  - (5) Ensure that the system employed for data storage permits reasonable access and retrieval of the information which can be easily produced in an electronic or printed format that can be:
    - (i) Provided to FRA representatives in a timely manner; and
    - (ii) Authenticated by a designated representative of the railroad as a true and accurate copy of the railroad's records if requested to do so by an FRA representative.
- (d) It shall be unlawful for any railroad to knowingly or any individual to willfully:
  - (1) Make, cause to be made, or participate in the making of a false entry on the list required by this section; or
  - (2) **Otherwise falsify such list through material misstatement, omission, or mutilation.**

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.

### Source

Source: 89 FR 44806, May 21, 2024, unless otherwise noted.