---
kind: "section"
citation: "49 C.F.R. § 246.109"
title: "49"
number: "246.109"
heading: "Determinations required for certification and recertification."
url: "https://uscodex.org/cfr/49/246.109"
---

# §246.109. Determinations required for certification and recertification.

- (a) After FRA has approved a railroad's signal employee certification program, the railroad, prior to initially certifying or recertifying any person as a signal employee, shall, in accordance with its FRA-approved program, determine in writing that:
  - (1) The individual meets the prior safety conduct eligibility requirements of §§ [246.111](/cfr/49/246.111.md) and [246.113](/cfr/49/246.113.md);
  - (2) The individual meets the eligibility requirements of §§ [246.115](/cfr/49/246.115.md) and [246.303](/cfr/49/246.303.md);
  - (3) The individual meets the visual and hearing acuity standards of §§ [246.117](/cfr/49/246.117.md) and [246.118](/cfr/49/246.118.md);
  - (4) If applicable, the individual has completed a training program that meets the requirements of [§ 246.119](/cfr/49/246.119.md);
  - (5) The individual meets the qualification requirements of [§ 246.120](/cfr/49/246.120.md); and
  - (6) The individual has the necessary knowledge, as demonstrated by successfully completing testing and practical demonstration that meet the requirements of [§ 246.121](/cfr/49/246.121.md).
- (b) Nothing in this section, [§ 246.111](/cfr/49/246.111.md), or [§ 246.113](/cfr/49/246.113.md) shall be construed to prevent persons subject to this part from entering into an agreement that results in a railroad obtaining the information needed for compliance with this subpart in a different manner than that prescribed in [§ 246.111](/cfr/49/246.111.md) or [§ 246.113](/cfr/49/246.113.md).

## 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 44873, May 21, 2024, unless otherwise noted.