---
kind: "section"
citation: "49 C.F.R. § 270.409"
title: "49"
number: "270.409"
heading: "Requirements for an FRMP plan."
url: "https://uscodex.org/cfr/49/270.409"
---

# §270.409. Requirements for an FRMP plan.

- (a) **In general.** A railroad shall adopt and implement its FRMP through an FRA-approved FRMP plan, developed in consultation with directly affected employees as described under [§ 270.107](/cfr/49/270.107.md). A railroad must submit the plan for approval to the FRA Associate Administrator for Railroad Safety and Chief Safety Officer at FRAFatigue@dot.gov, under the criteria of subpart C.
- (b) **Goals.** An FRMP plan must contain a statement that defines the specific fatigue-related goals of the FRMP and describes strategies for reaching those goals.
- (c) **Methods—**
  - (1) **Analysis of fatigue risk.** An FRMP plan shall describe a railroad's method(s) for conducting its fatigue-risk analysis as part of its FRMP. The description shall specify:
    - (i) The scope of the analysis, which is the covered population of safety-related railroad employees;
    - (ii) The processes a railroad will use to identify fatigue-related railroad safety hazards on its system and determine the degree of risk associated with each fatigue-related hazard identified;
    - (iii) The processes a railroad will use to compare and prioritize identified fatigue-related risks for mitigation purposes; and
    - (iv) The information sources a railroad will use to support ongoing identification of fatigue-related railroad safety hazards and determine the degree of risk associated with those hazards.
  - (2) **Mitigation strategies.** An FRMP plan shall describe a railroad's processes for:
    - (i) Identifying and selecting fatigue risk mitigation strategies; and
    - (ii) **Monitoring identified fatigue-related railroad safety hazards.**
  - (3) **Evaluation.** An FRMP plan shall describe:
    - (i) A railroad's processes for monitoring and evaluating the overall effectiveness of its FRMP and the effectiveness of fatigue-related mitigation strategies the railroad uses under [§ 270.407](/cfr/49/270.407.md); and
    - (ii) A railroad's procedures for reviewing the FRMP as part of the annual internal assessment of its SSP under [§ 270.303](/cfr/49/270.303.md) and for updating the FRMP plan under the process for amending its SSP plan under [§ 270.201(c)](/cfr/49/270.201.md?p=c).
- (d) **FRMP implementation plan.** A railroad shall describe in its FRMP plan how it will implement its FRMP. This description must cover an implementation period not to exceed 36 months, and shall include:
  - (1) A description of the roles and responsibilities of each position or job function with significant responsibility for implementing the FRMP, including those held by employees, contractors who provide significant FRMP-related services, and other entities or persons that provide significant FRMP services;
  - (2) A timeline describing when certain milestones that must be met to implement the FRMP fully will be achieved. Implementation milestones shall be specific and measurable;
  - (3) A description of how a railroad may make significant changes to the FRMP plan under the process for amending its SSP plan in [§ 270.201(c)](/cfr/49/270.201.md?p=c); and
  - (4) The procedures for consultation with directly affected employees on any subsequent substantive amendments to the railroad's FRMP plan. The requirements of this section do not apply to non-substantive amendments (e.g., amendments that update names and addresses of railroad personnel).

## Notes

### Amendments

[87 FR 35671, June 13, 2022, as amended at 90 FR 28198, July 1, 2025]

### Source

Source: 87 FR 35671, June 13, 2022, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.

### Source

Source: 81 FR 53896, Aug. 12, 2016, unless otherwise noted.

### Amendments

[87 FR 35671, June 13, 2022, as amended at 90 FR 28198, July 1, 2025]