FRA Decertification Appeals
This section has been compiled for appeal of conductor certification cases. Please instruct the member seeking appeal to review the General Information and Example OCRB Appeal Form prior to filling out the Blank OCRB Appeal Form. Once completed, the petition can either be mailed to the Docket Clerk or submitted electronically in PDF format. If submitting electronically, please see the Uploading the Petition tutorial from FRA as to how to properly submit. If you elect to mail in the petition, send 3 copies of both the petition and all pertinent supporting documents to:
- Docket Clerk
- Docket Operations (M-30), West
- Building Ground Floor, Room W12-140
- 1200 New Jersey Avenue SE
- Washington, DC 20590
Pertinent written documents include but are not limited to:
Notice of Certificate Suspension.
Notice of Certificate Revocation (Final Determination).
Notice of Discipline Assessed.
Complete transcript of railroad certification hearing with all exhibits.
Once the Blank OCRB Appeal Form is completed in Word, there is an option to save as a pdf, which can then be submitted to the FRA electronically.
If requested, this office will review the completed appeal form and e-mail back with any recommended changes in order for the member to submit to the FRA. Send such requests for review to firstname.lastname@example.org, identified in subject line as “OCRB review request.”
How do I file my petition to the Board?
• Standards and requirements for all acceptable forms for petitioning the Board are established by the Federal Docket Management System and posted on its Web site at regulations.gov. No matter which acceptable form you use, FRA recommends that you retain a receipt or other proof of the date you filed your request.
• Electronic submission at regulations.gov is the preferred method for submitting a petition and all supporting documentation. To have a docket created, DOT’s Docket Operations and FRA have developed a procedure by which a filer may electronically submit a document to a pre-existing docket called a “shell docket.” When you go to regulations.gov, enter “FRA-2007-0003” where it says “Search for Rules, Proposed
Rules, Notices or Supporting Documents”. Then press the “Search” button. This will take you to the shell docket where you will click on a link to a document titled “Submission Comment for Submitting Documents to FRA.” Then click on the “Comment” button, enter the required information, and upload a file or files. If the petition is in a file you uploaded, it is suggested that you type a comment in the comment box describing the files you uploaded. Finally, click on “Submit Comment” to submit your comment. You will receive an electronic receipt when submission is complete.
• Please note that it might not be possible to upload large video files or files not in a format acceptable to the docket website. In those situations, please identify any file that could not be uploaded in either the petition or a comment box and leave a description of the file. Additionally, please email Board Counsel at OCRBcounsel@dot.gov to inquire about alternative submission arrangements.
• If you have questions about filing your petition, please email OCRBcounsel@dot.gov.