49 C.F.R. § 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. (1) The individual meets the prior safety conduct eligibility requirements of §§ 246.111 and 246.113;
2. (2) The individual meets the eligibility requirements of §§ 246.115 and 246.303;
3. (3) The individual meets the visual and hearing acuity standards of §§ 246.117 and 246.118;
4. (4) If applicable, the individual has completed a training program that meets the requirements of § 246.119;
5. (5) The individual meets the qualification requirements of § 246.120; and
6. (6) The individual has the necessary knowledge, as demonstrated by successfully completing testing and practical demonstration that meet the requirements of § 246.121.
(b) Nothing in this section, § 246.111, or § 246.113 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 or § 246.113.