49 CFR §240.105

1. (a)Each railroad's program shall include criteria and procedures for implementing this section.
2. (b)The railroad shall examine any person it is considering for qualification as a supervisor of locomotive engineers to determine that he or she:
   1. (1)Knows and understands the requirements of this part;
   2. (2)Can appropriately test and evaluate the knowledge and skills of locomotive engineers;
   3. (3)Has the necessary supervisory experience to prescribe appropriate remedial action for any noted deficiencies in the training, knowledge or skills of a person seeking to obtain or retain certification; and
   4. (4)Is a certified engineer who is qualified on the physical characteristics of the portion of the railroad on which that person will perform the duties of a Designated Supervisor of Locomotive Engineers.
3. (c)If a railroad does not have any Designated Supervisors of Locomotive Engineers, and wishes to hire one, the chief operating officer of the railroad shall make a determination in writing that the Designated Supervisor of Locomotive Engineers designate possesses the necessary performance skills in accordance with § 240.127. This determination shall take into account any special operating characteristics which are unique to that railroad.
4. (d)Each railroad is authorized to designate a person as a designated supervisor of locomotive engineers with additional conditions or operational restrictions on the service the person may perform.