CFR 2010 Title49 Vol4 Part229

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    49 CFR Ch. II (10110 Edition)Pt. 229

    for sleeping purposes. Except where parti-tions are provided, such beds or similar fa-cilities should be spaced not closer than 36inches laterally (except in modular unitswhich cannot be spaced closer than 30inches) and 30 inches end to end, and shouldbe elevated at least 12 inches from the floor.If double-deck bunks are used, they shouldbe spaced not less than 48 inches both lat-erally and end to end. The minimum clearspace between the lower and upper bunkshould be not less than 27 inches. Triple-deckbunks should not be used.

    (e) Floors should be of smooth and tightconstruction and should be kept in good re-pair.

    (f) All living quarters should be providedwith windows the total of which should benot less than 10 percent of the floor area. Atleast one-half of each window designed to beopened should be so constructed that it canbe opened for purposes of ventilation. Dura-ble opaque window coverings should be pro-vided to reduce the entrance of light duringsleeping hours.

    (g) All exterior openings should be effec-tively screened with 16-mesh material. Allscreen doors should be equipped with self-closing devices.

    (h) In a facility where workers cook, live,and sleep, a minimum of 90 square feet perperson should be provided. Sanitary facili-ties should be provided for storing and pre-paring food.

    (i) In camp cars where meals are provided,

    adequate facilities to feed employees withina 60-minute period should be provided.

    (j) All heating, cooking, ventilation, airconditioning and water heating equipmentshould be installed in accordance with appli-cable local regulations governing such in-stallations.

    (k) Every camp car should be provided withequipment capable of maintaining a tem-perature of at least 68 degrees F. during nor-mal cold weather and no greater than 78 de-grees F., or 20 degrees below ambient, which-ever is warmer, during normal hot weather.

    (l) Existing camp cars may be grand-fathered so as to only be subject to subpara-graphs (c), (d), (f), (h), and (k), in accordancewith the following as recommended maxi-mums:

    13 (c), (d), and (h)by January 1, 1994.

    13(f)Indefinitely insofar as the ten percent(10%) requirement for window spacing isconcerned.

    13(k)by January 1, 1992.

    14. Location. Camp cars occupied exclu-sively by individuals employed for the pur-pose of maintaining the right-of-way of arailroad should be located as far as practicalfrom where switching or humping oper-ations of placarded cars occur, as definedin 49 CFR 228.101 (c)(3) and (c)(4), respec-tively. Every reasonable effort should be

    made to locate these camp cars at least one-

    half mile (2,640 feet) from where such switch-

    ing or humping occurs. In the event employ-

    ees housed in camp cars located closer than

    one-half mile (2,640 feet) from where such

    switching or humping of cars takes place are

    exposed to an unusual hazard at such loca-

    tion, the employees involved should be

    housed in other suitable accommodations.

    An unusual hazard means an unsafe condi-

    tion created by an occurrence other than

    normal switching or humping.

    15. General provisions. (a) Sleeping quarters

    are not considered to be free of interrup-

    tions caused by noise under the control of

    the railroad if noise levels attributable tonoise sources under the control of the rail-

    road exceed an Leq (8) value of 55 dB(A), with

    windows closed and exclusive of cooling,

    heating, and ventilating equipment.

    (b) A railroad should, within 48 hours after

    notice of noncompliance with these rec-

    ommendations, fix the deficient condition(s).

    Where holidays or weekends intervene, the

    railroad should fix the condition within 8

    hours after the employees return to work. In

    the event such condition(s) affects the safety

    or health of the employees, such as water,

    cooling, heating or eating facilities, the rail-

    road should provide alternative arrange-

    ments for housing and eating until the non-

    complying condition is fixed.

    [55 FR 30893, July 27, 1990]

    PART 229RAILROADLOCOMOTIVE SAFETY STANDARDS

    Subpart AGeneral

    Sec.

    229.1 Scope.

    229.3 Applicability.

    229.4 Information collection.

    229.5 Definitions.

    229.7 Prohibited acts.

    229.9 Movement of non-complying loco-

    motives.

    229.11 Locomotive identification.

    229.13 Control of locomotives.

    229.14 Non-MU control cab locomotives.

    229.17 Accident reports.229.19 Prior waivers.

    Subpart BInspections and Tests

    229.21 Daily inspection.

    229.23 Periodic inspection: General.

    229.25 Tests: Every periodic inspection.

    229.27 Annual tests.

    229.29 Biennial tests.

    229.31 Main reservoir tests.

    229.33 Out-of-use credit.

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    Federal Railroad Administration, DOT 229.3

    Subpart CSafety Requirements

    GENERAL REQUIREMENTS

    229.41 Protection against personal injury.229.43 Exhaust and battery gases.229.45 General condition.

    BRAKE SYSTEM

    229.46 Brakes: General.229.47 Emergency brake valve.229.49 Main reservoir system.229.51 Aluminum main reservoirs.229.53 Brake gauges.229.55 Piston travel.229.57 Foundation brake gear.

    229.59 Leakage.

    DRAFT SYSTEM

    229.61 Draft system.

    SUSPENSION SYSTEM

    229.63 Lateral motion.229.64 Plain bearings.229.65 Spring rigging.229.67 Trucks.229.69 Side bearings.229.71 Clearance above top of rail.229.73 Wheel sets.229.75 Wheel and tire defects.

    ELECTRICAL SYSTEM

    229.77 Current collectors.229.79 Third rail shoes.229.81 Emergency pole; shoe insulation.

    229.83 Insulation or grounding of metalparts.

    229.85 Doors and cover plates markedDanger.

    229.87 Hand-operated switches.229.89 Jumpers; cable connections.229.91 Motors and generators.

    INTERNAL COMBUSTION EQUIPMENT

    229.93 Safety cut-off device.229.95 Venting.229.97 Grounding fuel tanks.229.99 Safety hangers.229.101 Engines.

    STEAM GENERATORS

    229.103 Safe working pressure; factor ofsafety.

    229.105 Steam generator number.229.107 Pressure gauge.229.109 Safety valves.229.111 Water-flow indicator.229.113 Warning notice.

    CABS AND CAB EQUIPMENT

    229.115 Slip/slide alarms.229.117 Speed indicators.229.119 Cabs, floors, and passageways.229.121 Locomotive cab noise.229.123 Pilots, snowplows, end plates.229.125 Headlights and auxiliary lights.

    229.127 Cab lights.229.129 Locomotive horn.229.131 Sanders.229.133 Interim locomotive conspicuity

    measuresauxiliary external lights.229.135 Event recorders.229.137 Sanitation, general requirements.229.139 Sanitation, servicing requirements.

    Subpart DLocomotive CrashworthinessDesign Requirements

    229.141 Body structure, MU locomotives.229.201 Purpose and scope.229.203 Applicability.229.205 General requirements.

    229.206 Design requirements.229.207 New locomotive crashworthiness de-

    sign standards and changes to existingFRA-approved locomotive crash-worthiness design standards.

    229.209 Alternative locomotive crash-worthiness designs.

    229.211 Processing of petitions.229.213 Locomotive manufacturing informa-

    tion.229.215 Retention and inspection of designs.229.217 Fuel tank.

    APPENDIX A TO PART 229FORM FRA 618049A [NOTE]

    APPENDIX B TO PART 229SCHEDULE OF CIVILPENALTIES

    APPENDIX C TO PART 229FRA LOCOMOTIVESTANDARDSCODE OF DEFECTS [NOTE]

    APPENDIX D TO PART 229CRITERIA FOR CER-

    TIFICATION OF CRASHWORTHY EVENT RE-CORDER MEMORY MODULE

    APPENDIX E TO PART 229PERFORMANCE CRI-

    TERIA FOR LOCOMOTIVE CRASHWORTHINESSAPPENDIXES FG TO PART 229 [RESERVED]APPENDIX H TO PART 229STATIC NOISE TEST

    PROTOCOLSIN-CAB STATIC

    AUTHORITY: 49 U.S.C. 20103, 20107, 20133,2013738, 20143, 2070103, 2130102, 21304; 28U.S.C. 2401, note; and 49 CFR 1.49(c), (m).

    SOURCE: 45 FR 21109, Mar. 31, 1980, unlessotherwise noted.

    Subpart AGeneral

    229.1 Scope.

    This part prescribes minimum Fed-

    eral safety standards for all loco-motives except those propelled bysteam power.

    229.3 Applicability.

    (a) Except as provided in paragraphs(b) through (e) of this section, this partapplies to all standard gage railroads.

    (b) This part does not apply to:(1) A railroad that operates only on

    track inside an installation which is

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    49 CFR Ch. II (10110 Edition) 229.4

    not part of the general railroad systemof transportation; or

    (2) Rapid transit operations in anurban area that are not connected withthe general railroad system of trans-portation.

    (c) Paragraphs (a) and (b) of 229.125do not apply to Tier II passenger equip-ment as defined in 238.5 of this chap-ter (i.e., passenger equipment operatingat speeds exceeding 125 mph but not ex-ceeding 150 mph).

    (d) On or after November 8, 1999,paragraphs (a)(1) and (b)(1) of 229.141

    do not apply to passenger equipmentas defined in 238.5 of this chapter, un-less such equipment is excluded fromthe requirements of 238.203 through238.219, and 238.223 of this chapter byoperation of 238.201(a)(2) of this chap-ter.

    (e) Paragraphs (a)(2) through (a)(4),and (b)(2) through (b)(4) of 229.141 donot apply to passenger equipment asdefined in 238.5 of this chapter that isplaced in service for the first time onor after September 8, 2000, unless suchequipment is excluded from the re-quirements of 238.203 through 238.219,and 238.223 of this chapter by oper-ation of 238.201(a)(2) of this chapter.

    [54 FR 33229, Aug. 14, 1989, as amended at 64FR 25659, May 12, 1999]

    229.4 Information collection.

    (a) The information collection re-quirements in this part have been re-viewed by the Office of Managementand Budget pursuant to the PaperworkReduction Act of 1980, Public Law 96511, and have been assigned OMB con-trol number 21300004.

    (b) The information collection re-quirements are found in the followingsections: 229.9, 229.17, 229.21, 229.23,229.25, 229.27, 229.29, 229.31, 229.33, 229.55,229.103, 229.105, 229.113, 229.121, 229.135,

    and appendix H to part 229.[50 FR 6953, Feb. 19, 1985, as amended at 58FR 36613, July 8, 1993; 71 FR 63136, Oct. 27,2006]

    229.5 Definitions.

    As used in this partAAR means the Association of Amer-

    ican Railroads.Acceptable quality level (AQL). The

    AQL is expressed in terms of percent

    defective or defects per 100 units. Lotshaving a quality level equal to a speci-fied AQL will be accepted approxi-mately 95 percent of the time whenusing the sampling plans prescribed forthat AQL.

    Anti-climbers means the parts at theends of adjoining rail vehicles in atrain that are designed to engage whensubjected to large buff loads to preventthe override of one vehicle by another.

    Associate Administrator for Safetymeans the Associate Administrator forSafety, Federal Railroad Administra-

    tion, or that persons delegate as des-ignated in writing.

    Break means a fracture resulting incomplete separation into parts.

    Build date means the date on whichthe completed locomotive is shipped bythe manufacturer or remanufacturer tothe customer, or if the railroad manu-factures or remanufactures the loco-motive itself, the date on which the lo-comotive is released from the manufac-ture or remanufacture facility.

    Cab means that portion of the super-structure designed to be occupied bythe crew operating the locomotive.

    Carrier means railroad, as that termis in this section.

    Collision posts means structural mem-bers of the end structures of a rail ve-hicle that extend vertically from theunderframe to which they are securelyattached and that provide protectionto occupied compartments from an ob-ject penetrating the vehicle during acollision.

    Corner posts means structural mem-bers located at the intersection of thefront or rear surface with the side sur-face of a rail vehicle and which extendvertically from the underframe to theroof.

    Commuter service means the type ofrailroad service described under theheading Commuter Operations in 49

    CFR part 209, Appendix A.Commuter work train is a non-revenue

    service train used in the administra-tion and upkeep service of a commuterrailroad.

    Control cab locomotive means a loco-motive without propelling motors butwith one or more control stands.

    Controlling remote distributed power lo-comotive means the locomotive in a dis-tributed power consist that receives

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    the coded signal from the lead loco-motive consist of the train whethercommanded automatically by the dis-tributed power system or manually bythe locomotive engineer.

    Crack means a fracture without com-plete separation into parts, except thatcastings with shrinkage cracks or hottears that do not significantly dimin-ish the strength of the member are notconsidered to be cracked.

    Cruise control means a device thatcontrols locomotive power output toobtain a targeted speed. A device that

    functions only at or below 30 miles perhour is NOT considered a cruise con-trol for purposes of this part.

    Data element means one or more datapoint or value reflecting on-board trainoperations at a particular time. Datamay be actual or passed through val-ues or may be derived from a combina-tion of values from other sources.

    dB(A) means the sound pressure levelin decibels measured on the A-weightedscale.

    Dead locomotive means(1) A locomotive, other than a con-

    trol cab locomotive, that does not haveany traction device supplying tractivepower; or

    (2) A control cab locomotive that hasa locked and unoccupied cab.

    Decibel (dB) means a unit of measure-ment of sound pressure levels.

    Defective means, for purposes of sec-tion 229.129 of this part, a locomotiveequipped with an audible warning de-vice that produces a maximum soundlevel in excess of 110 dB(A) and/or aminimum sound level below 96 dB(A),as measured 100 feet forward of the lo-comotive in the direction of travel.

    Designated service means exclusive op-eration of a locomotive under the fol-lowing conditions:

    (1) The locomotive is not used as anindependent unit or the controlling

    unit in a consist of locomotives exceptwhen moving for the purposes of serv-icing or repair within a single yardarea;

    (2) The locomotive is not occupied byoperating or deadhead crews outside asingle yard area; and

    (3) The locomotive is stenciled Des-ignated ServiceDO NOT OCCUPY.

    Design standard means a criterionadopted by an industry or voluntary

    consensus standards body, which ad-dresses the design of a locomotive withrespect to its crashworthiness andcrashworthiness features.

    Distributed power system means a sys-tem that provides control of a numberof locomotives dispersed throughout atrain from a controlling locomotive lo-cated in the lead position. The systemprovides control of the rearward loco-motives by command signals origi-nating at the lead locomotive andtransmitted to the remote (rearward)locomotives.

    DMU locomotive means a diesel-pow-ered multiple unit operated locomotivewith one or more propelling motors de-signed to carry passenger traffic.

    Excessive noise report means a reportby a locomotive cab occupant that thelocomotive is producing an unusuallevel of noise that significantly inter-feres with normal cab communicationsor that is a concern with respect tohearing conservation.

    Electronic air brake means a brakesystem controlled by a computer whichprovides the means for control of thelocomotive brakes or train brakes orboth.

    Event recorder means a device, de-signed to resist tampering, that mon-itors and records data, as detailed in 229.135(b), over the most recent 48hours of operation of the electrical sys-tem of the locomotive on which the de-vice is installed. However, a device, de-signed to resist tampering, that mon-itors and records the specified dataonly when the locomotive is in motionmeets this definition if the device wasinstalled prior to November 5, 1993 andif it records the specified data for thelast eight hours the locomotive was inmotion.

    Event recorder memory module meansthat portion of the event recorder used

    to retain the recorded data as detailedin 229.135(b).

    FRA means the Federal Railroad Ad-ministration.

    Fuel tank, external means a fuel con-tainment vessel that extends outsidethe car body structure of a locomotive.

    Fuel tank, internal means a fuel con-tainment vessel that does not extendoutside the car body structure of a lo-comotive.

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    (2) High speed ground transportationsystems that connect metropolitanareas, without regard to whether theyuse new technologies not associatedwith traditional railroads. Such termdoes not include rapid transit oper-ations within an urban area that arenot connected to the general railroadsystem of transportation.

    Remanufacture means the act of con-structing a remanufactured loco-motive.

    Remanufactured locomotive means alocomotive rebuilt or refurbished from

    a previously used or refurbishedunderframe (deck), containing fewerthan 25% previously used components(measured by dollar value of the com-ponents). For calculation purposes, thepercentage of previously used compo-nents is determined with equivalentvalue of new parts and is calculatedusing dollar values from the same yearas the new parts used to remanufacturethe locomotive.

    Roof rail means the longitudinalstructural member at the intersectionof the side wall and the roof sheathing.

    Sand delivery system means a perma-nently stationed or fixed device de-signed to deliver sand to locomotive

    sand boxes that do not require the sandto be manually delivered or loaded. Asand delivery system will be consideredpermanently stationed if it is at a loca-tion at least five days a week for atleast eight hours per day.

    Sanitary means lacking any conditionin which any significant amount offilth, trash, or human waste is presentin such a manner that a reasonableperson would believe that the conditionmight constitute a health hazard; or ofstrong, persistent, chemical or humanwaste odors sufficient to deter use ofthe facility, or give rise to a reasonableconcern with respect to exposure tohazardous fumes. Such conditions in-

    clude, but are not limited to, a toiletbowl filled with human waste, soiledtoilet paper, or other products used inthe toilet compartment, that arepresent due to a defective toilet facil-ity that will not flush or otherwise re-move waste; visible human waste res-idue on the floor or toilet seat that ispresent due to a toilet that overflowed;an accumulation of soiled paper towelsor soiled toilet paper on the floor, toi-

    let facility, or sink; an accumulation of

    visible dirt or human waste on the

    floor, toilet facility, or sink; and

    strong, persistent chemical or human

    waste odors in the compartment.

    Sanitation compartment means an en-

    closed compartment on a railroad loco-

    motive that contains a toilet facility

    for employee use.

    Self-monitoring event recorder means

    an event recorder that has the ability

    to monitor its own operation and to

    display an indication to the locomotive

    operator when any data required to bestored are not stored or when the

    stored data do not match the data re-

    ceived from sensors or data collection

    points.

    Semi-monocoque design locomotive

    means a locomotive design where the

    skin or shell acts, to some extent, as a

    single unit with the supporting frame

    to resist and transmit the loads acting

    on the locomotive.

    Semi-permanently coupled means cou-

    pled by means of a drawbar or other

    coupling mechanism that requires

    tools to perform the uncoupling oper-

    ation.

    Serious injury means an injury thatresults in the amputation of any ap-

    pendage, the loss of sight in an eye, the

    fracture of a bone, or confinement in a

    hospital for a period of more than 24

    consecutive hours.

    Short hood means the part of the lo-

    comotive above the underframe located

    between the cab and the nearest end of

    the locomotive.

    Standards body means an industry

    and/or professional organization or as-

    sociation which conducts research and

    develops and/or issues policies, criteria,

    principles, and standards related to the

    rail industry.

    Switching service means the classifica-tion of railroad freight and passenger

    cars according to commodity or des-

    tination; assembling cars for train

    movements; changing the position of

    cars for purposes of loading, unloading,

    or weighing; placing locomotives and

    cars for repair or storage; or moving

    rail equipment in connection with

    work service that does not constitute a

    train movement.

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    Throttle position means any and all ofthe discrete output positions indi-cating the speed/tractive effort char-acteristic requested by the operator ofthe locomotive on which the throttle isinstalled. Together, the discrete outputpositions shall cover the entire rangeof possible speed/tractive effort charac-teristics. If the throttle has continu-ously variable segments, the event re-corder shall capture either:

    (1) The exact level of speed/tractiveeffort characteristic requested, on ascale of zero (0) to one hundred percent

    (100%) of the output variable or(2) A value converted from a percent-

    age to a comparable 0 to 8 digital sig-nal.

    Tier IImeans operating at speeds ex-ceeding 125 mph but not exceeding 150mph.

    Time means either time-of-day orelapsed time (from an arbitrarily de-termined event) as determined by themanufacturer. In either case, the re-corder must be able to convert to anaccurate time-of-day with the timezone stated unless it is Greenwichmean time (UTC).

    Toilet facility means a system thatautomatically or on command of the

    user removes human waste to a placewhere it is treated, eliminated, or re-tained such that no solid or non-treat-ed liquid waste is thereafter permittedto be released into the bowl, urinal, orroom and that prevents harmful dis-charges of gases or persistent offensiveodors.

    Transfer service means a freight trainthat travels between a point of originand a point of final destination not ex-ceeding 20 miles and that is not per-forming switching service.

    Ultimate strength means the load atwhich a structural member fractures orceases to resist any load.

    Unsanitary means having any condi-

    tion in which any significant amountof filth, trash, or human waste ispresent in such a manner that a rea-sonable person would believe that thecondition might constitute a healthhazard; or strong, persistent, chemicalor human waste odors sufficient todeter use of the facility, or give rise toa reasonable concern with respect toexposure to hazardous fumes. Suchconditions include, but are not limited

    to, a toilet bowl filled with humanwaste, soiled toilet paper, or otherproducts used in the toilet compart-ment, that are present due to a defec-tive toilet facility that will not flushor otherwise remove waste; visiblehuman waste residue on the floor ortoilet seat that is present due to a toi-let that overflowed; an accumulation ofsoiled paper towels or soiled toiletpaper on the floor, toilet facility, orsink; an accumulation of visible dirt orhuman waste on the floor, toilet facil-ity, or sink; and strong, persistent

    chemical or human waste odors in thecompartment.

    Upper 99% confidence limit means thenoise level below which 99% of all noiselevel measurements must lie.

    Washing system means a system foruse by railroad employees to maintainpersonal cleanliness that includes a se-cured sink or basin, water, anti-bacterial soap, and paper towels; orantibacterial waterless soap and papertowels; or antibacterial moisttowelettes and paper towels; or anyother combination of suitable anti-bacterial cleansing agents.

    Wide-nose locomotive means a loco-motive with a short hood that spansthe full width of the locomotive.

    [70 FR 37938, June 30, 2005, as amended at 71FR 36911, June 28, 2006; 71 FR 47666, Aug. 17,2006; 71 FR 61857, Oct. 19, 2006; 71 FR 63136,Oct. 27, 2006; 72 FR 59223, Oct. 19, 2007]

    229.7 Prohibited acts.

    (a) The Locomotive Inspection Act(45 U.S.C. 2234) makes it unlawful forany carrier to use or permit to be usedon its line any locomotive unless theentire locomotive and its appur-tenances

    (1) Are in proper condition and safeto operate in the service to which theyare put, without unnecessary peril to

    life or limb; and(2) Have been inspected and tested as

    required by this part.

    (b) Any person (an entity of any typecovered under 1 U.S.C. 1, including butnot limited to the following: a railroad;a manager, supervisor, official, orother employee or agent of a railroad;any owner, manufacturer, lessor, orlessee of railroad equipment, track, orfacilities; any independent contractor

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    providing goods or services to a rail-road; and any employee of such owner,manufacturer, lessor, lessee, or inde-pendent contractor) who violates anyrequirement of this part or of the Loco-motive Inspection Act or causes theviolation of any such requirement issubject to a civil penalty of at least$650 and not more than $25,000 per vio-lation, except that: Penalties may beassessed against individuals only forwillful violations, and, where a grosslynegligent violation or a pattern of re-peated violations has created an immi-

    nent hazard of death or injury to per-sons, or has caused death or injury, apenalty not to exceed $100,000 per viola-tion may be assessed. Each day a viola-tion continues shall constitute a sepa-rate offense. See appendix B to thispart for a statement of agency civilpenalty policy.

    [45 FR 21109, Mar. 31, 1980, as amended at 53

    FR 28601, July 28, 1988; 53 FR 52931, Dec. 29,

    1988; 63 FR 11622, Mar. 10, 1998; 69 FR 30594,

    May 28, 2004; 72 FR 51197, Sept. 6, 2007; 73 FR79703, Dec. 30, 2008]

    229.9 Movement of non-complying lo-comotives.

    (a) Except as provided in paragraphs(b), (c), 229.125(g), and 229.131(b) and(c)(1), a locomotive with one or moreconditions not in compliance with thispart may be moved only as a lite loco-motive or a dead locomotive after thecarrier has complied with the fol-lowing:

    (1) A qualified person shall deter-mine

    (i) That it is safe to move the loco-motive; and

    (ii) The maximum speed and other re-strictions necessary for safely con-ducting the movement;

    (2)(i) The engineer in charge of themovement of the locomotive shall be

    notified in writing and inform all othercrew members in the cab of the pres-ence of the non-complying locomotiveand the maximum speed and other re-strictions determined under paragraph(a)(1)(ii) of this section.

    (ii) A copy of the tag described inparagraph (a)(3) of this section may beused to provide the notification re-quired by paragraph (a)(2)(i) of this sec-tion.

    (3) A tag bearing the words non-complying locomotive and containingthe following information, shall be se-curely attached to the control stand oneach MU or control cab locomotive andto the isolation switch or near the en-gine start switch on every other typeof locomotive

    (i) The locomotive number;(ii) The name of the inspecting car-

    rier;(iii) The inspection location and

    date;(iv) The nature of each defect;

    (v) Movement restrictions, if any;(vi) The destination; and(vii) The signature of the person

    making the determinations required bythis paragraph.

    (b) A locomotive that develops a non-complying condition enroute may con-tinue to utilize its propelling motors, ifthe requirements of paragraph (a) areotherwise fully met, until the earlierof

    (1) The next calendar day inspection,or

    (2) The nearest forward point wherethe repairs necessary to bring it intocompliance can be made.

    (c) A non-complying locomotive may

    be moved lite or dead within a yard, atspeeds not in excess of 10 miles perhour, without meeting the require-ments of paragraph (a) of this section ifthe movement is solely for the purposeof repair. The carrier is responsible toinsure that the movement may be safe-ly made.

    (d) A dead locomotive may not con-tinue in use following a calendar dayinspection as a controlling locomotiveor at the head of a train or locomotiveconsist.

    (e) A locomotive does not cease to bea locomotive because its propellingmotor or motors are inoperative or be-cause its control jumper cables are not

    connected.(f) Nothing in this section authorizes

    the movement of a locomotive subjectto a Special Notice for Repair unlessthe movement is made in accordancewith the restrictions contained in theSpecial Notice.

    (g) Paragraphs (a), (b), and (c) of thissection shall not apply to sanitationconditions covered by 229.137 and229.139. Sections 229.137 and 229.139 set

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    forth specific requirements for themovement and repair of locomotiveswith defective sanitation compart-ments.

    [45 FR 21109, Mar. 31, 1980, as amended at 61FR 8887, Mar. 6, 1996; 67 FR 16050, Apr. 4, 2002;72 FR 59223, Oct. 19, 2007]

    229.11 Locomotive identification.

    (a) The letter F shall be legiblyshown on each side of every locomotivenear the end which for identificationpurposes will be known as the frontend.

    (b) The locomotive number shall bedisplayed in clearly legible numbers oneach side of each locomotive.

    229.13 Control of locomotives.

    Except when a locomotive is movedin accordance with 229.9, whenevertwo or more locomotives are coupled inremote or multiple control, the propul-sion system, the sanders, and thepower brake system of each locomotiveshall respond to control from the cab ofthe controlling locomotive. If a dy-namic brake or regenerative brake sys-tem is in use, that portion of the sys-tem in use shall respond to controlfrom the cab of the controlling loco-

    motive.

    229.14 Non-MU control cab loco-motives.

    On each non-MU control cab loco-motive, only those components addedto the passenger car that enable it toserve as a lead locomotive, control thelocomotive actually providing tractivepower, and otherwise control the move-ment of the train, are subject to thispart.

    229.17 Accident reports.

    (a) In the case of an accident due toa failure from any cause of a loco-motive or any part or appurtenance of

    a locomotive, or a person coming incontact with an electrically energizedpart or appurtenance, that results inserious injury or death of one or morepersons, the carrier operating the loco-motive shall immediately report theaccident by toll free telephone, AreaCode 8004240201. The report shallstate the nature of the accident, num-ber of persons killed or seriously in-jured, the place at which it occurred,

    the location at which the locomotiveor the affected parts may be inspectedby the FRA, and the name, title andphone number of the person makingthe call. The locomotive or the part orparts affected by the accident shall bepreserved intact by the carrier untilafter the FRA inspection.

    (b) Written confirmation of the oralreport required by paragraph (a) of thissection shall be immediately mailed tothe Federal Railroad Administration,RRS25, Washington, DC 20590, and con-tain a detailed description of the acci-

    dent, including to the extent known,the causes and the number of personskilled and injured. The written reportrequired by this paragraph is in addi-tion to the reporting requirements of49 CFR part 225.

    229.19 Prior waivers.

    All waivers of every form and typefrom any requirement of any order orregulation implementing the Loco-motive Inspection Act, applicable toone or more locomotives except thosepropelled by steam power, shall lapseon August 31, 1980, unless a copy of thegrant of waiver is filed prior to thatdate with the Office of Safety (RRS23),

    Federal Railroad Administration,Washington, DC 20590.

    Subpart BInspections and Tests

    229.21 Daily inspection.

    (a) Except for MU locomotives, eachlocomotive in use shall be inspected atleast once during each calendar day. Awritten report of the inspection shallbe made. This report shall contain thename of the carrier; the initials andnumber of the locomotive; the place,date and time of the inspection; a de-scription of the non-complying condi-tions disclosed by the inspection; andthe signature of the employee making

    the inspection. Except as provided in229.9, 229.137, and 229.139, any condi-tions that constitute non-compliancewith any requirement of this part shallbe repaired before the locomotive isused. Except with respect to conditionsthat do not comply with 229.137 or 229.139, a notation shall be made onthe report indicating the nature of therepairs that have been made. Repairsmade for conditions that do not comply

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    with 229.137 or 229.139 may be notedon the report, or in electronic form.The person making the repairs shallsign the report. The report shall befiled and retained for at least 92 days inthe office of the carrier at the terminalat which the locomotive is cared for. Arecord shall be maintained on each lo-comotive showing the place, date andtime of the previous inspection.

    (b) Each MU locomotive in use shallbe inspected at least once during eachcalendar day and a written report ofthe inspection shall be made. This re-

    port may be part of a single master re-port covering an entire group of MUs.If any non-complying conditions arefound, a separate, individual reportshall be made containing the name ofthe carrier; the initials and number ofthe locomotive; the place, date, andtime of the inspection; the non-com-plying conditions found; and the signa-ture of the inspector. Except as pro-vided in 229.9, 229.137, and 229.139, anyconditions that constitute non-compli-ance with any requirement of this partshall be repaired before the locomotiveis used. Except with respect to condi-tions that do not comply with 229.137or 229.139, a notation shall be made on

    the report indicating the nature of therepairs that have been made. Repairsmade for conditions that do not complywith 229.137 or 229.139 may be notedon the report, or in electronic form. Anotation shall be made on the reportindicating the nature of the repairsthat have been made. The person mak-ing the repairs shall sign the report.The report shall be filed in the office ofthe carrier at the place where the in-spection is made or at one central loca-tion and retained for at least 92 days.

    (c) Each carrier shall designate quali-fied persons to make the inspectionsrequired by this section.

    [45 FR 21109, Mar. 31, 1980, as amended at 50

    FR 6953, Feb. 19, 1985; 67 FR 16050, Apr. 4,2002]

    229.23 Periodic inspection: General.

    (a) Each locomotive and steam gener-ator shall be inspected at each periodicinspection to determine whether itcomplies with this part. Except as pro-vided in 229.9, all non-complying con-ditions shall be repaired before the lo-comotive or the steam generator is

    used. Except as provided in 229.33, theinterval between any two periodic in-spections may not exceed 92 days. Peri-odic inspections shall only be madewhere adequate facilities are available.At each periodic inspection, a loco-motive shall be positioned so that aperson may safely inspect the entireunderneath portion of the locomotive.

    (b) The periodic inspection of thesteam generator may be postponed in-definitely if the water suction pipe tothe water pump and the leads to themain switch (steam generator switch)are disconnected, and the train lineshut-off-valve is wired closed or a blindgasket applied. However, the steamgenerator shall be so inspected beforeit is returned to use.

    (c) After April 30, 1980, each new loco-motive shall receive an initial periodicinspection before it is used. Except asprovided in 229.33, each locomotive inuse on or before April 30, 1980, shall re-ceive an initial periodic inspectionwithin 92 days of the last 30-day inspec-tion performed under the prior rules (49CFR 230.331 and 230.451). At the initialperiodic inspection, the date and placeof the last tests performed that are the

    equivalent of the tests required by229.27, 229.29, and 229.31 shall be en-tered on Form FRA F 618049A. Thesedates shall determine when the testsfirst become due under 229.27, 229.29,and 229.31. Out of use credit may becarried over from Form FRA F 618049and entered on Form FRA F 618049A.

    (d) Each periodic inspection shall berecorded on Form FRA F 618049A. Theform shall be signed by the person con-ducting the inspection and certified bythat persons supervisor that the workwas done. The form shall be displayedunder a transparent cover in a con-spicuous place in the cab of each loco-motive.

    (e) At the first periodic inspection ineach calendar year the carrier shall re-move from each locomotive Form FRAF 618049A covering the previous cal-endar year. If a locomotive does not re-ceive its first periodic inspection in acalendar year before April 2 because itis out of use, the form shall be prompt-ly replaced. The Form FRA F 618049Acovering the preceding year for eachlocomotive, in or out of use, shall be

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    practices and test intervals shall be ad-justed as necessary to yield effectiveperiodic maintenance.

    [45 FR 21109, Mar. 31, 1980, as amended at 58FR 36614, July 8, 1993; 60 FR 27905, May 26,1995; 66 FR 4192, Jan. 17, 2001; 70 FR 37939,June 30, 2005]

    229.27 Annual tests.

    A locomotive, except for a DMU orMU locomotive, shall be subjected tothe tests and inspections prescribed inparagraphs (a), (b), and (c) of this sec-tion. A DMU locomotive or an MU lo-

    comotive shall be subjected to the testsand inspections prescribed in para-graphs (b) and (c) of this section. A lo-comotive, including a DMU locomotiveor an MU locomotive, equipped with amicroprocessor-based event recorderthat includes a self-monitoring feature,shall be subjected to the tests and in-spections prescribed in paragraph (d) ofthis section. All testing under this sec-tion shall be performed at intervalsthat do not exceed 368 calendar days.

    (a)(1) The filtering devices or dirtcollectors located in the main reservoirsupply line to the air brake systemshall be cleaned, repaired, or replaced.

    (2) Brake cylinder relay valve por-

    tions, main reservoir safety valves,brake pipe vent valve portions, feedand reducing valve portions in the airbrake system (including related dirtcollectors and filters) shall be cleaned,repaired, and tested.

    (3) The date and place of the clean-ing, repairing, and testing shall be re-corded on Form FRA F 618049A andthe person performing the work andthat persons supervisor shall sign theform. A record of the parts of the airbrake system that are cleaned, re-paired, and tested shall be kept in thecarriers files or in the cab of the loco-motive.

    (4) At its option, a carrier may frag-

    ment the work required by this para-graph. In that event, a separate airrecord shall be maintained under atransparent cover in the cab. The airrecord shall include the locomotivenumber, a list of the air brake compo-nents, and the date and place of thelast inspection and test of each compo-nent. The signature of the person per-forming the work and the signature ofthat persons supervisor shall be in-

    cluded for each component. A duplicaterecord shall be maintained in the car-riers files.

    (b) The load meter shall be tested.Each device used by the engineer to aidin the control or braking of the trainor locomotive that provides an indica-tion of air pressure electronically shallbe tested by comparison with a testgauge or self-test designed for this pur-pose. An error of greater than five per-cent or three pounds per square inchshall be corrected. The date and placeof the test shall be recorded on Form

    FRA F 618049A, and the person con-ducting the test and that persons su-pervisor shall sign the form.

    (c) Each steam generator that is notisolated as prescribed in 229.23(b),shall be subjected to a hydrostaticpressure at least 25 percent above theworking pressure and the visual returnwater-flow indicator shall be removedand inspected.

    (d) A microprocessor-based event re-corder with a self-monitoring featureequipped to verify that all data ele-ments required by this part are re-corded, requires further maintenanceonly if either or both of the followingconditions exist:

    (1) The self-monitoring feature dis-plays an indication of a failure. If afailure is displayed, further mainte-nance and testing must be performeduntil a subsequent test is successful.When a successful test is accomplished,a record, in any medium, shall be madeof that fact and of any maintenancework necessary to achieve the success-ful result. This record shall be avail-able at the location where the loco-motive is maintained until a record ofa subsequent successful test is filed.

    (2) A download of the event recorder,taken within the preceding 30 days andreviewed for the previous 48 hours oflocomotive operation, reveals a failure

    to record a regularly recurring dataelement or reveals that any requireddata element is not representative ofthe actual operations of the locomotiveduring this time period. If the review isnot successful, further maintenanceand testing shall be performed until asubsequent test is successful. When asuccessful test is accomplished, arecord, in any medium, shall be madeof that fact and of any maintenance

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    work necessary to achieve the success-ful result. This record shall be kept atthe location where the locomotive ismaintained until a record of a subse-quent successful test is filed. Thedownload shall be taken from informa-tion stored in the certified crash-worthy crash hardened event recordermemory module if the locomotive is soequipped.

    [45 FR 21109, Mar. 31, 1980, as amended at 66FR 4192, Jan. 17, 2001; 70 FR 37940, June 30,2005]

    229.29 Biennial tests.(a) Except for the valves and valve

    portions on non-MU locomotives thatare cleaned, repaired, and tested as pre-scribed in 229.27(a), all valves, valveportions, MU locomotive brake cyl-inders and electric-pneumatic mastercontrollers in the air brake system (in-cluding related dirt collectors and fil-ters) shall be cleaned, repaired, andtested at intervals that do not exceed736 calendar days. The date and placeof the cleaning, repairing, and testingshall be recorded on Form FRA F 618049A, and the person performing thework and that persons supervisor shallsign the form. A record of the parts of

    the air brake system that are cleaned,repaired, and tested shall be kept inthe carriers files or in the cab of thelocomotive.

    (b) At its option, a carrier may frag-ment the work required by this sec-tion. In that event, a separate airrecord shall be maintained under atransparent cover in the cab. The airrecord shall include the locomotivenumber, a list of the air brake compo-nents, and the date and place of the in-spection and test of each component.The signature of the person performingthe work and the signature of that per-sons supervisor shall be included foreach component. A duplicate record

    shall be maintained in the carriersfiles.

    229.31 Main reservoir tests.

    (a) Before it is placed in service, eachmain reservoir other than an alu-minum reservoir shall be subjected to apneumatic or hydrostatic pressure ofat least 25 percent more than the max-imum working pressure fixed by thechief mechanical officer. The test date,

    place, and pressure shall be recorded onForm FRA F 618049A, block eighteen.Except as provided in paragraph (c) ofthis section, at intervals that do notexceed 736 calendar days, each mainreservoir other than an aluminum res-ervoir shall be subjected to a hydro-static pressure of at least 25 percentmore than the maximum working pres-sure fixed by the chief mechanical offi-cer. The test date, place, and pressureshall be recorded on Form FRA F 618049A, and the person performing the testand that persons supervisor shall sign

    the form.(b) Except as provided in paragraph

    (c) of this section, each main reservoirother than an aluminum reservoir shallbe hammer tested over its entire sur-face while the reservoir is empty at in-tervals that do not exceed 736 calendardays. The test date and place shall berecorded on Form FRA F 618049A, andthe person performing the test andthat persons supervisor shall sign theform.

    (c) Each welded main reservoir origi-nally constructed to withstand at leastfive times the maximum working pres-sure fixed by the chief mechanical offi-cer may be drilled over its entire sur-face with telltale holes that are three-sixteenths of an inch in diameter. Theholes shall be spaced not more than 12inches apart, measured both longitu-dinally and circumferentially, anddrilled from the outer surface to an ex-treme depth determined by the for-mula

    D = (.6PR/S0.6P)

    Where:

    D = extreme depth of telltale holes in inchesbut in no case less than one-sixteenth inch;

    P = certified working pressure in pounds persquare inch;

    S = one-fifth of the minimum specified ten-sile strength of the material in pounds per

    square inch; andR = inside radius of the reservoir in inches.

    One row of holes shall be drilledlengthwise of the reservoir on a lineintersecting the drain opening. A res-ervoir so drilled does not have to meetthe requirements of paragraphs (a) and(b) of this section, except the require-ment for a pneumatic or hydrostatictest before it is placed in use. When-ever any such telltale hole shall have

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    penetrated the interior of any res-

    ervoir, the reservoir shall be perma-

    nently withdrawn from service. A res-

    ervoir now in use may be drilled in lieu

    of the tests provided for by paragraphs

    (a) and (b) of this section, but shall re-

    ceive a hydrostatic test before it is re-

    turned to use or may receive a pneu-

    matic test if conducted by the manu-

    facturer in an appropriately safe envi-

    ronment.

    (d) Each aluminum main reservoir

    before being placed in use and at inter-

    vals that do not exceed 736 calendardays thereafter, shall be

    (1) Cleaned and given a thorough vis-

    ual inspection of all internal and exter-

    nal surfaces for evidence of defects or

    deterioration; and

    (2) Subjected to a hydrostatic pres-

    sure at least twice the maximum work-

    ing pressure fixed by the chief mechan-

    ical officer, but not less than 250 p.s.i.

    The test date, place, and pressure shall

    be recorded on Form FRA F 618049A,

    and the person conducting the test and

    that persons supervisor shall sign the

    form.

    [45 FR 21109, Mar. 31, 1980, as amended at 71

    FR 61857, Oct. 19, 2006]

    229.33 Out-of-use credit.

    When a locomotive is out of use for 30

    or more consecutive days or is out of

    use when it is due for any test or in-

    spection required by 229.23, 229.25,

    229.27, 229.29, or 229.31, an out-of-use no-

    tation showing the number of out-of-

    use days shall be made on an inspec-

    tion line on Form FRA F 618049A. A

    supervisory employee of the carrier

    who is responsible for the locomotive

    shall attest to the notation. If the loco-

    motive is out of use for one or more pe-

    riods of at least 30 consecutive days

    each, the interval prescribed for anytest or inspection under this part may

    be extended by the number of days in

    each period the locomotive is out of

    use since the last test or inspection in

    question. A movement made in accord-

    ance with 229.9 is not a use for pur-

    poses of determining the period of the

    out-of-use credit.

    Subpart CSafety Requirements

    GENERAL REQUIREMENTS

    229.41 Protection against personalinjury.

    Fan openings, exposed gears and pin-ions, exposed moving parts of mecha-nisms, pipes carrying hot gases andhigh-voltage equipment, switches, cir-cuit breakers, contactors, relays, gridresistors, and fuses shall be in non-haz-ardous locations or equipped withguards to prevent personal injury.

    229.43 Exhaust and battery gases.

    (a) Products of combustion shall bereleased entirely outside the cab andother compartments. Exhaust stacksshall be of sufficient height or othermeans provided to prevent entry ofproducts of combustion into the cab orother compartments under usual oper-ating conditions.

    (b) Battery containers shall be vent-ed and batteries kept from gassing ex-cessively.

    229.45 General condition.

    All systems and components on a lo-comotive shall be free of conditionsthat endanger the safety of the crew,locomotive or train. These conditionsinclude: insecure attachment of compo-nents, including third rail shoes orbeams, traction motors and motor gearcases, and fuel tanks; fuel, oil, water,steam, and other leaks and accumula-tions of oil on electrical equipmentthat create a personal injury hazard;improper functioning of components,including slack adjusters, pantographoperating cylinders, circuit breakers,contactors, relays, switches, and fuses;and cracks, breaks, excessive wear andother structural infirmities of compo-nents, including quill drives, axles,gears, pinions, pantograph shoes andhorns, third rail beams, traction motorgear cases, and fuel tanks.

    BRAKE SYSTEM

    229.46 Brakes: General.

    The carrier shall know before eachtrip that the locomotive brakes and de-vices for regulating all pressures, in-cluding but not limited to the auto-matic and independent brake valves,

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    Society of Mechanical Engineers,United Engineering Center, 345 East47th Street, New York, New York 10017.

    229.53 Brake gauges.

    All mechanical gauges and all de-vices providing indication of air pres-sure electronically that are used by theengineer to aid in the control or brak-ing of the train or locomotive shall belocated so that they may be conven-iently read from the engineers usualposition during operation of the loco-motive. A gauge or device shall not be

    more than five percent or three poundsper square inch in error, whichever isless.

    [66 FR 4192, Jan. 17, 2001]

    229.55 Piston travel.

    (a) Brake cylinder piston travel shallbe sufficient to provide brake shoeclearance when the brakes are released.

    (b) When the brakes are applied on astanding locomotive, the brake cyl-inder piston travel may not exceed 112inches less than the total possible pis-ton travel. The total possible pistontravel for each locomotive shall be en-tered on Form FRA F 618049A.

    (c) The minimum brake cylinderpressure shall be 30 pounds per squareinch.

    229.57 Foundation brake gear.

    A lever, rod, brake beam, hanger, orpin may not be worn through morethan 30 percent of its cross-sectionalarea, cracked, broken, or missing. Allpins shall be secured in place withcotters, split keys, or nuts. Brake

    shoes shall be fastened with a brakeshoe key and aligned in relation to thewheel to prevent localized thermalstress in the edge of the rim or theflange.

    229.59 Leakage.

    (a) Leakage from the main air res-ervoir and related piping may not ex-ceed an average of 3 pounds per squareinch per minute for 3 minutes after thepressure has been reduced to 60 percentof the maximum pressure.

    (b) Brake pipe leakage may not ex-ceed 5 pounds per square inch perminute.

    (c) With a full service application atmaximum brake pipe pressure and withcommunication to the brake cylindersclosed, the brakes shall remain appliedat least 5 minutes.

    (d) Leakage from control air res-ervoir, related piping, and pneumati-cally operated controls may not exceedan average of 3 pounds per square inchper minute for 3 minutes.

    DRAFT SYSTEM

    229.61 Draft system.

    (a) A coupler may not have any ofthe following conditions:

    (1) A distance between the guard armand the knuckle nose of more than 518inches on standard type couplers (MCBcontour 1904) or more than 5516 incheson D&E couplers.

    (2) A crack or break in the side wallor pin bearing bosses outside of theshaded areas shown in Figure 1 or inthe pulling face of the knuckle.

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    locking device to secure them in thedown position.

    (b) Each pantograph operating on anoverhead trolley wire shall have a de-vice for locking and grounding it in thelowest position, that can be appliedand released only from a positionwhere the operator has a clear view ofthe pantograph and roof withoutmounting the roof.

    229.79 Third rail shoes.

    When locomotives are equipped withboth third rail and overhead collectors,

    third-rail shoes shall be deenergizedwhile in yards and at stations whencurrent collection is exclusively fromthe overhead conductor.

    229.81 Emergency pole; shoe insula-tion.

    (a) Each locomotive equipped with apantograph operating on an overheadtrolley wire shall have an emergencypole suitable for operating the panto-graph. Unless the entire pole can besafely handled, the part of the polewhich can be safely handled shall bemarked to so indicate. This pole shallbe protected from moisture when notin use.

    (b) Each locomotive equipped withthird-rail shoes shall have a device forinsulating the current collecting appa-ratus from the third rail.

    229.83 Insulation or grounding ofmetal parts.

    All unguarded noncurrent-carryingmetal parts subject to becomingcharged shall be grounded or thor-oughly insulated.

    229.85 Doors and cover platesmarked Danger.

    All doors and cover plates guardinghigh voltage equipment shall bemarked DangerHigh Voltage or

    with the word Danger and the nor-mal voltage carried by the parts so pro-tected.

    229.87 Hand-operated switches.

    All hand-operated switches carryingcurrents with a potential of more than150 volts that may be operated whileunder load shall be covered and shall beoperative from the outside of the cover.Means shall be provided to show wheth-

    er the switches are open or closed.Switches that should not be operatedwhile under load shall be legiblymarked with the words must not beoperated under load and the voltagecarried.

    229.89 Jumpers; cable connections.

    (a) Jumpers and cable connectionsbetween locomotives shall be so lo-cated and guarded to provide sufficientvertical clearance. They may not hangwith one end free.

    (b) Cable and jumper connections be-tween locomotive may not have any ofthe following conditions:

    (1) Broken or badly chafed insulation.

    (2) Broken plugs, receptacles or ter-minals.

    (3) Broken or protruding strands ofwire.

    229.91 Motors and generators.

    A motor or a generator may not haveany of the following conditions:

    (a) Be shorted or grounded.

    (b) Throw solder excessively.

    (c) Show evidence of coming apart.

    (d) Have an overheated support bear-ing.

    (e) Have an excessive accumulationof oil.

    INTERNAL COMBUSTION EQUIPMENT

    229.93 Safety cut-off device.

    The fuel line shall have a safety cut-off device that

    (a) Is located adjacent to the fuelsupply tank or in another safe loca-tion;

    (b) Closes automatically whentripped and can be reset without haz-ard; and

    (c) Can be hand operated from clearlymarked locations, one inside the cab

    and one on each exterior side of the lo-comotive.

    229.95 Venting.

    Fuel tank vent pipes may not dis-charge on the roof nor on or betweenthe rails.

    229.97 Grounding fuel tanks.

    Fuel tanks and related piping shallbe electrically grounded.

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    229.99 Safety hangers.

    Drive shafts shall have safety hang-ers.

    229.101 Engines.

    (a) The temperature and pressurealarms, controls and related switchesof internal combustion engines shallfunction properly.

    (b) Whenever an engine has been shutdown due to mechanical or other prob-lems, a distinctive warning notice giv-ing reason for the shut-down shall be

    conspicuously attached near the enginestarting control until repairs have beenmade.

    (c) Wheel slip/slide protection shallbe provided on a locomotive with anengine displaying a warning noticewhenever required by 229.115(b).

    STEAM GENERATORS

    229.103 Safe working pressure; factorof safety.

    The safe working pressure for eachsteam generator shall be fixed by thechief mechanical officer of the carrier.The minimum factor of safety shall befour. The fixed safe working pressureshall be indicated on FRA Form F 6180

    49A.

    229.105 Steam generator number.

    An identification number shall bemarked on the steam generators sepa-rator and that number entered on FRAForm F 618049A.

    229.107 Pressure gauge.

    (a) Each steam generator shall havean illuminated steam gauge that cor-rectly indicates the pressure. Thesteam pressure gauge shall be grad-uated to not less than one and one-halftimes the allowed working pressure ofthe steam generator.

    (b) Each steam pressure gauge on a

    steam generator shall have a siphonthat prevents steam from entering thegauge. The pipe connection shall di-rectly enter the separator and shall besteam tight between the separator andthe gauge.

    229.109 Safety valves.

    Every steam generator shall beequipped with at least two safetyvalves that have a combined capacity

    to prevent an accumulation of pressureof more than five pounds per squareinch above the allowed working pres-sure. The safety valves shall be inde-pendently connected to the separatorand located as closely to the separatoras possible without discharging insideof the generator compartment. Theends of the safety valve discharge linesshall be located or protected so thatdischarged steam does not create a haz-ard.

    229.111 Water-flow indicator.

    (a) Steam generators shall beequipped with an illuminated visual re-turn water-flow indicator.

    (b) Steam generators shall beequipped with an operable test valve orother means of determining whetherthe steam generator is filled withwater. The fill test valve may not dis-charge steam or hot water into thesteam generator compartment.

    229.113 Warning notice.

    Whenever any steam generator hasbeen shut down because of defects, adistinctive warning notice giving rea-sons for the shut-down shall be con-

    spicuously attached near the steamgenerator starting controls until thenecessary repairs have been made. Thelocomotive in which the steam gener-ator displaying a warning notice is lo-cated may continue in service until thenext periodic inspection.

    CABS AND CAB EQUIPMENT

    229.115 Slip/slide alarms.

    (a) Except for MU locomotives, eachlocomotive used in road service shallbe equipped with a device that providesan audible or visual alarm in the cab ofeither slipping or sliding wheels onpowered axles under power. When two

    or more locomotives are coupled inmultiple or remote control, the wheelslip/slide alarm of each locomotiveshall be shown in the cab of the con-trolling locomotive.

    (b) Except as provided in 229.9, anequipped locomotive may not be dis-patched in road service, or continue inroad service following a daily inspec-tion, unless the wheel slip/slide protec-tive device of whatever type

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    railroad shall maintain a record of the

    report, and repair or replace the item

    identified as substantially contributing

    to the noise:

    (i) On or before the next periodic in-

    spection required by 229.23; or

    (ii) If the railroad determines that

    the repair or replacement of the item

    requires significant shop or material

    resources that are not readily avail-

    able, at the time of the next major

    equipment repair commonly used for

    the particular type of maintenance

    needed.(2) Conditions that may lead a loco-

    motive cab occupant to file an exces-

    sive noise report include, but are not

    limited to: defective cab window seals;

    defective cab door seals; broken or in-

    operative windows; deteriorated insula-

    tion or insulation that has been re-

    moved for other reasons; broken or in-

    operative doors; and air brakes that

    vent inside of the cab.

    (3) A railroad has an obligation to re-

    spond to an excessive noise report that

    a locomotive cab occupant files. The

    railroad meets its obligation to re-

    spond to an excessive noise report, as

    set forth in paragraph (b)(1) of this sec-tion, if the railroad makes a good faith

    effort to identify the cause of the re-ported noise, and where the railroad is

    successful in determining the cause, ifthe railroad repairs or replaces the

    items cause the noise.

    (4) Recordkeeping. (i) A railroad shall

    maintain a written or electronic recordof any excessive noise report, inspec-

    tion, test, maintenance, replacement,or repair completed pursuant to

    229.121(b) and the date on which thatinspection, test, maintenance, replace-

    ment, or repair occurred. If a railroadelects to maintain an electronic

    record, the railroad must satisfy the

    conditions listed in 227.121(a)(2)(i)through (v).

    (ii) The railroad shall retain these

    records for 92 days if they are madepursuant to 229.21, or for one year if

    they are made pursuant to 229.23.

    (iii) The railroad shall establish aninternal, auditable, monitorable sys-

    tem that contains these records.

    [71 FR 63136, Oct. 27, 2006]

    229.123 Pilots, snowplows, end plates.

    After January 1, 1981, each lead loco-motive shall be equipped with an endplate that extends across both rails, apilot, or a snowplow. The minimumclearance above the rail of the pilot,snowplow or end plate shall be 3 inches,and the maximum clearance 6 inches.

    229.125 Headlights and auxiliarylights.

    (a) Each lead locomotive used in roadservice shall have a headlight that pro-duces a peak intensity of at least200,000 candela. If a locomotive or loco-motive consist in road service is regu-larly required to run backward for anyportion of its trip other than to pick upa detached portion of its train or tomake terminal movements, it shallalso have on its rear a headlight thatproduces at least 200,000 candela. Eachheadlight shall be arranged to illu-minate a person at least 800 feet aheadand in front of the headlight. For pur-poses of this section, a headlight shallbe comprised of either one or twolamps.

    (1) If a locomotive is equipped with asingle-lamp headlight, the single lampshall produce a peak intensity of at

    least 200,000 candela. The followinglamps meet the standard set forth inthis paragraph (a)(1): a single operativePAR56, 200-watt, 30-volt lamp; or anoperative lamp of equivalent designand intensity.

    (2) If a locomotive is equipped with adual-lamp headlight, a peak intensityof at least 200,000 candela shall be pro-duced by the headlight based either ona single lamp capable of individuallyproducing the required peak intensityor on the candela produced by theheadlight with both lamps illuminated.If both lamps are needed to produce therequired peak intensity, then bothlamps in the headlight shall be oper-

    ational. The following lamps meet thestandard set forth in this paragraph(a)(2): a single operative PAR56, 200-watt, 30-volt lamp; two operative PAR56, 350-watt, 75-volt lamps; or operativelamp(s) of equivalent design and inten-sity.

    (b) Each locomotive or locomotiveconsist used in yard service shall havetwo headlights, one located on thefront of the locomotive or locomotive

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    consist and one on its rear. Each head-light shall produce at least 60,000 can-dela and shall be arranged to illu-minate a person at least 300 feet aheadand in front of the headlight.

    (c) Headlights shall be provided witha device to dim the light.

    (d) Effective December 31, 1997, eachlead locomotive operated at a speedgreater than 20 miles per hour over oneor more public highway-rail crossingsshall be equipped with operative auxil-iary lights, in addition to the headlightrequired by paragraph (a) or (b) of thissection. A locomotive equipped onMarch 6, 1996 with auxiliary lights inconformance with 229.133 shall bedeemed to conform to this section untilMarch 6, 2000. All locomotives in com-pliance with 229.133(c) shall be deemedto conform to this section. Auxiliarylights shall be composed as follows:

    (1) Two white auxiliary lights shallbe placed at the front of the loco-motive to form a triangle with theheadlight.

    (i) The auxiliary lights shall be atleast 36 inches above the top of therail, except on MU locomotives andcontrol cab locomotives where such

    placement would compromise the in-tegrity of the car body or be otherwiseimpractical. Auxiliary lights on suchMU locomotives and control cab loco-motives shall be at least 24 inchesabove the top of the rail.

    (ii) The auxiliary lights shall bespaced at least 36 inches apart if thevertical distance from the headlight tothe horizontal axis of the auxiliarylights is 60 inches or more.

    (iii) The auxiliary lights shall bespaced at least 60 inches apart if thevertical distance from the headlight tothe horizontal axis of the auxiliarylights is less than 60 inches.

    (2) Each auxiliary light shall produce

    a peak intensity of at least 200,000 can-dela or shall produce at least 3,000 can-dela at an angle of 7.5 degrees and atleast 400 candela at an angle of 20 de-grees from the centerline of the loco-motive when the light is aimed parallelto the tracks. Any of the followinglamps meet the standard set forth inthis paragraph (d)(2): an operativePAR56, 200-watt, 30-volt lamp; an op-erative PAR56, 350-watt, 75-volt lamp;

    or an operative lamp of equivalent de-sign and intensity.

    (3) The auxiliary lights shall be fo-cused horizontally within 15 degrees ofthe longitudinal centerline of the loco-motive.

    (e) Auxiliary lights required by para-graph (d) of this section may be ar-ranged

    (1) To burn steadily or(2) Flash on approach to a crossing.If the auxiliary lights are arranged to

    flash;(i) They shall flash alternately at a

    rate of at least 40 flashes per minuteand at most 180 flashes per minute,

    (ii) The railroads operating rulesshall set a standard procedure for useof flashing lights at public highway-rail grade crossings, and

    (iii) The flashing feature may be acti-vated automatically, but shall be capa-ble of manual activation and deactiva-tion by the locomotive engineer.

    (f) Auxiliary lights required by para-graph (d) of this section shall be con-tinuously illuminated immediatelyprior to and during movement of thelocomotive, except as provided by rail-road operating rules, timetable or spe-cial instructions, unless such exception

    is disapproved by FRA. A railroad mayexcept use of auxiliary lights at a spe-cific public highway-rail grade crossingby designating that exception in therailroads operating rules, timetable,or a special order. Any exception fromuse of auxiliary lights at a specific pub-lic grade crossing can be disapprovedfor a stated cause by FRAs AssociateAdministrator for Safety or any one ofFRAs Regional Administrators, afterinvestigation by FRA and opportunityfor response from the railroad.

    (g) Movement of locomotives with de-fective auxiliary lights.

    (1) A lead locomotive with only onefailed auxiliary light must be repaired

    or switched to a trailing position be-fore departure from the place where aninitial terminal inspection is requiredfor that train.

    (2) A locomotive with only one auxil-iary light that has failed after depar-ture from an initial terminal, must berepaired not later than the next cal-endar inspection required by 229.21.

    (3) A lead locomotive with two failedauxiliary lights may only proceed to

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    the next place where repairs can bemade. This movement must be con-sistent with 229.9.

    (h) Any locomotive subject to Part229, that was built before December 31,1948, and that is not used regularly incommuter or intercity passenger serv-ice, shall be considered historic equip-ment and excepted from the require-ments of paragraphs (d) through (h) ofthis section.

    [45 FR 21109, Mar. 31, 1980, as amended at 61FR 8887, Mar. 6, 1996; 68 FR 49717, Aug. 19,2003; 69 FR 12537, Mar. 16, 2004]

    229.127 Cab lights.

    (a) Each locomotive shall have cablights which will provide sufficient il-lumination for the control instru-ments, meters, and gauges to enablethe engine crew to make accurate read-ings from their normal positions in thecab. These lights shall be located, con-structed, and maintained so that lightshines only on those parts requiring il-lumination and does not interfere withthe crews vision of the track and sig-nals. Each controlling locomotive shallalso have a conveniently located lightthat can be readily turned on and offby the persons operating the loco-

    motive and that provides sufficient il-lumination for them to read train or-ders and timetables.

    (b) Cab passageways and compart-ments shall have adequate illumina-tion.

    229.129 Locomotive horn.

    (a) Each lead locomotive shall beequipped with a locomotive horn thatproduces a minimum sound level of 96dB(A) and a maximum sound level of110 dB(A) at 100 feet forward of the lo-comotive in its direction of travel. Thelocomotive horn shall be arranged sothat it can be conveniently operatedfrom the engineers usual position dur-

    ing operation of the locomotive.(b)(1) Each locomotive built on or

    after September 18, 2006 shall be testedin accordance with this section to en-sure that the horn installed on such lo-comotive is in compliance with para-graph (a) of this section. Locomotivesbuilt on or after September 18, 2006may, however, be tested in accordancewith an acceptance sampling schemesuch that there is a probability of .05

    or less of rejecting a lot with a propor-tion of defectives equal to an AQL of1% or less, as set forth in 7 CFR part43.

    (2) Each locomotive built before Sep-tember 18, 2006 shall be tested in ac-cordance with this section before June24, 2010 to ensure that the horn in-stalled on such locomotive is in com-pliance with paragraph (a) of this sec-tion.

    (3) Each remanufactured locomotive,as determined pursuant to 229.5 of thispart, shall be tested in accordance withthis section to ensure that the horn in-stalled on such locomotive is in com-pliance with paragraph (a).

    (4)(i) Except as provided in paragraph(b)(4)(ii) of this section, each loco-motive equipped with a replacement lo-comotive horn shall be tested, in ac-cordance with paragraph (c) of this sec-tion, before the next two annual testsrequired by 229.27 of this part arecompleted.

    (ii) Locomotives that have alreadybeen tested individually or through ac-ceptance sampling, in accordance withparagraphs (b)(1), (b)(2), or (b)(3) of thissection, shall not be required to under-

    go sound level testing when equippedwith a replacement locomotive horn,provided the replacement locomotivehorn is of the same model as the loco-motive horn that was replaced and themounting location and type of mount-ing are the same.

    (c) Testing of the locomotive hornsound level shall be in accordance withthe following requirements:

    (1) A properly calibrated sound levelmeter shall be used that, at a min-imum, complies with the requirementsof International Electrotechnical Com-mission (IEC) Standard 616721 (200205)for a Class 2 instrument.

    (2) An acoustic calibrator shall be

    used that, at a minimum, complieswith the requirements of IEC standard60942 (199711) for a Class 2 instrument.

    (3) The manufacturers instructionspertaining to mounting and orientingthe microphone; positioning of the ob-server; and periodic factory recalibra-tion shall be followed.

    (4) A microphone windscreen shall beused and tripods or similar microphonemountings shall be used that minimize

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    interference with the sound beingmeasured.

    (5) The test site shall be free of largereflective structures, such as barriers,hills, billboards, tractor trailers orother large vehicles, locomotives orrail cars on adjacent tracks, bridges orbuildings, within 200 feet to the frontand sides of the locomotive. The loco-motive shall be positioned on straight,level track.

    (6) Measurements shall be taken onlywhen ambient air temperature is be-tween 32 degrees and 104 degrees Fahr-

    enheit inclusively; relative humidity isbetween 20 percent and 95 percent in-clusively; wind velocity is not morethan 12 miles per hour and there is noprecipitation.

    (7) With the exception of cab-mount-ed or low-mounted horns, the micro-phone shall be located 100 feet forwardof the front knuckle of the locomotive,15 feet above the top of the rail, at anangle no greater than 20 degrees fromthe center line of the track, and ori-ented with respect to the sound sourceaccording to the manufacturers rec-ommendations. For cab-mounted andlow-mounted horns, the microphoneshall be located 100 feet forward of the

    front knuckle of the locomotive, fourfeet above the top of the rail, at anangle no greater than 20 degrees fromthe center line of the track, and ori-ented with respect to the sound sourceaccording to the manufacturers rec-ommendations. The observer shall notstand between the microphone and thehorn.

    (8) Background noise shall be mini-mal: the sound level at the test site im-mediately before and after each hornsounding event shall be at least 10dB(A) below the level measured duringthe horn sounding.

    (9) Measurement procedures. The soundlevel meter shall be set for A-weighting

    with slow exponential response andshall be calibrated with the acousticcalibrator immediately before andafter compliance tests. Any change inthe before and after calibration levelsshall be less than 0.5 dB. After the out-put from the locomotive horn systemhas reached a stable level, the A-weighted equivalent sound level (slowresponse) for a 10-second duration(LAeq, 10s) shall be obtained either di-

    rectly using an integrating-averagingsound level meter, or recorded once persecond and calculated indirectly. Thearithmetic-average of a series of atleast six such 10-second duration read-ings shall be used to determine compli-ance. The standard deviation of thereadings shall be less than 1.5 dB.

    (10) Written reports of locomotivehorn testing required by this part shallbe made and shall reflect horn type;the date, place, and manner of testing;and sound level measurements. Thesereports, which shall be signed by theperson who performs the test, shall beretained by the railroad, at a locationof its choice, until a subsequent loco-motive horn test is completed and shallbe made available, upon request, toFRA as provided by 49 U.S.C. 20107.

    (d) This section does not apply to lo-comotives of rapid transit operationswhich are otherwise subject to thispart.

    [71 FR 47666, Aug. 17, 2006]

    229.131 Sanders.

    (a) Prior to departure from an initialterminal, each locomotive, except forMU locomotives, shall be equippedwith operative sanders that depositsand on each rail in front of the firstpower operated wheel set in the direc-tion of movement or shall be handledin accordance with the requirementscontained in 229.9.

    (b) A locomotive being used in roadservice with sanders that become inop-erative after departure from an initialterminal shall be handled in accord-ance with the following:

    (1) A lead locomotive being used inroad service that experiences inoper-ative sanders after departure from aninitial terminal may continue in serv-ice until the earliest of the following

    occurrences:(i) Arrival at the next initial ter-

    minal;

    (ii) Arrival at a location where it isplaced in a facility with a sand deliverysystem;

    (iii) The next periodic inspectionunder 229.23; or

    (iv) Fourteen calendar days from thedate the sanders are first discovered tobe inoperative; and

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    (2) A trailing locomotive being usedin road service that experiences inoper-ative sanders after departure from aninitial terminal may continue in serv-ice until the earliest of the followingoccurrence:

    (i) Arrival at the next initial ter-minal;

    (ii) Arrival at a location where it isplaced in a facility with a sand deliverysystem; or

    (iii) The next periodic inspectionunder 229.23.

    (c) A locomotive being used in

    switching service shall be equippedwith operative sanders that depositsand on each rail in front of the firstpower operated wheel set in the direc-tion of movement. If the sanders be-come inoperative, the locomotive shallbe handled in accordance with the fol-lowing:

    (1) A locomotive being used inswitching service at a location notequipped with a sand delivery systemmay continue in service for seven cal-endar days from the date the sandersare first discovered inoperative or untilits next periodic inspection under 229.23, which ever occurs first; and

    (2) A locomotive being used in

    switching service at locations equippedwith a sand delivery system shall behandled in accordance with the re-quirements contained in 229.9.

    (d) A locomotive being handled underthe provisions contained in paragraph(b) and (c)(1) of this section shall betagged in accordance with 229.9(a).

    [72 FR 59223, Oct. 19, 2007]

    229.133 Interim locomotive con-spicuity measuresauxiliary exter-nal lights.

    (a) A locomotive at the head of atrain or other movement is authorizedto be equipped with auxiliary externallights, additional to the headlight re-

    quired by 229.125, for the purpose ofimproved conspicuity. A locomotivethat is equipped with auxiliary exter-nal lights in conformance with thespecifications or performance stand-ards set forth in paragraph (b) of thissection on the date of issuance of afinal rule that requires additional orother external lights on locomotivesfor improved conspicuity, as requiredby section 202(u) of the Federal Rail-

    road Safety Act of 1970, shall bedeemed to conform to the requirements

    of the final rule for four years fol-lowing the date of issuance of thatfinal rule.

    (b) Each qualifying arrangement ofauxiliary external lights shall conformto one of the following descriptions:

    (1) Ditch lights. (i) Ditch lights shallconsist of two white lights, each pro-ducing a steady beam of at least 200,000candela, placed at the front of the loco-motive, at least 36 inches above the top

    of the rail.(ii) Ditch lights shall be spaced atleast 36 inches apart if the vertical dis-tance from the headlight to the hori-zontal axis of the ditch lights is 60inches or more.

    (iii) Ditch lights shall be spaced atleast 60 inches apart if the vertical dis-tance from the headlight to the hori-zontal axis of the ditch lights is lessthan 60 inches.

    (iv) Ditch lights shall be focusedhorizontally within 45 degrees of thelongitudinal centerline of the loco-motive.

    (2) Strobe lights. (i) Strobe lights shallconsist of two white stroboscopic

    lights, each with effective intensity,as defined by the Illuminating Engi-neering Societys Guide for Calculatingthe Effective Intensity of Flashing Sig-nal Lights (November 1964), of at least500 candela.

    (ii) The flash rate of strobe lightsshall be at least 40 flashes per minuteand at most 180 flashes per minute.

    (iii) Strobe lights shall be placed atthe front of the locomotive, at least 48inches apart, and at least 36 inchesabove the top of the rail.

    (3) Crossing lights. (i) Crossing lightsshall consist of two white lights, placedat the front of the locomotive, at least

    36 inches above the top of the rail.(ii) Crossing lights shall be spaced at

    least 36 inches apart if the vertical dis-tance from the headlight to the hori-zontal axis of the ditch lights is 60inches or more.

    (iii) Crossing lights shall be spaced atleast 60 inches apart if the vertical dis-tance from the headlight to the hori-zontal axis of the ditch lights is lessthan 60 inches.

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    is not monitoring or recording requireddata, shall remove the event recorderfrom service. When a railroad removesan event recorder from service, a quali-fied person shall record the date thatthe device was removed from service onForm FRA F618049A, under the RE-MARKS section, unless the event re-corder is designed to allow the loco-motive to assume the lead positiononly if the recorder is properly func-tioning.

    (d) Response to defective equipment.Notwithstanding the duty established

    in paragraph (a) of this section to equipcertain locomotives with an in-serviceevent recorder, a locomotive on whichthe event recorder has been taken outof service as provided in paragraph (c)of this section may remain as the leadlocomotive only until the next cal-endar-day inspection. A locomotivewith an inoperative event recorder isnot deemed to be in improper condi-tion, unsafe to operate, or a non-com-plying locomotive under 229.7 and229.9, and, other than the requirementsof Appendix D of this part, the inspec-tion, maintenance, and testing of eventrecorders are limited to the require-ments set forth in 229.25(e) and

    229.27(d).(e) Preserving accident data. If any lo-

    comotive equipped with an event re-corder, or any other locomotive-mounted recording device or devicesdesigned to record information con-cerning the functioning of a loco-motive or train, is involved in an acci-dent/incident that is required to be re-ported to FRA under part 225 of thischapter, the railroad that was usingthe locomotive at the time of the acci-dent shall, to the extent possible, andto the extent consistent with the safe-ty of life and property, preserve thedata recorded by each such device foranalysis by FRA. This preservation re-

    quirement permits the railroad to ex-tract and analyze such data, providedthe original downloaded data file, or anunanalyzed exact copy of it, shall beretained in secure custody and shallnot be utilized for analysis or anyother purpose except by direction ofFRA or the National TransportationSafety Board. This preservation re-quirement shall expire one (1) yearafter the date of the accident unless

    FRA or the Board notifies the railroadin writing that the data are desired foranalysis.

    (f) Relationship to other laws. Nothingin this section is intended to alter thelegal authority of law enforcement of-ficials investigating potential viola-tion(s) of State criminal law(s), andnothing in this chapter is intended toalter in any way the priority of Na-tional Transportation Safety Board in-vestigations under 49 U.S.C. 1131 and1134, nor the authority of the Secretaryof Transportation to investigate rail-

    road accidents under 49 U.S.C. 5121,5122, 20107, 20111, 20112, 20505, 20702,20703, and 20902.

    (g) Disabling event recorders. Except asprovided in paragraph (c) of this sec-tion, any individual who willfully dis-ables an event recorder is subject tocivil penalty and to disqualificationfrom performing safety-sensitive func-tions on a railroad as provided in 218.55 of this chapter, and any indi-vidual who tampers with or alters thedata recorded by such a device is sub-ject to a civil penalty as provided inappendix B of part 218 of this chapterand to disqualification from per-forming safety-sensitive functions on a

    railroad if found unfit for such dutiesunder the procedures in part 209 of thischapter.

    [45 FR 21109, Mar. 31, 1980, as amended at 75FR 2697, Jan. 15, 2010]

    229.137 Sanitation