[Title 49 CFR 229]
[Code of Federal Regulations (annual edition) - October 1, 2006 Edition]
[Title 49 - TRANSPORTATION]
[Subtitle B - Other Regulations Relating to Transportation (Continued)]
[Chapter II - FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF]
[Part 229 - RAILROAD LOCOMOTIVE SAFETY STANDARDS]
[From the U.S. Government Publishing Office]
49TRANSPORTATION42006-10-012006-10-01falseRAILROAD LOCOMOTIVE SAFETY STANDARDS229PART 229TRANSPORTATIONOther Regulations Relating to Transportation (Continued)FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF
PART 229_RAILROAD LOCOMOTIVE SAFETY STANDARDS--Table of Contents
Subpart A_General
Sec.
229.1 Scope.
229.3 Applicability.
229.4 Information collection.
229.5 Definitions.
229.7 Prohibited acts.
229.9 Movement of non-complying locomotives.
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 B_Inspections 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.
Subpart C_Safety 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.
[[Page 386]]
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 metal parts.
229.85 Doors and cover plates marked ``Danger''.
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 of safety.
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 measures--auxiliary external
lights.
229.135 Event recorders.
229.137 Sanitation, general requirements.
229.139 Sanitation, servicing requirements.
Subpart D_Locomotive Crashworthiness Design 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 design standards and changes to
existing FRA-approved locomotive crashworthiness design
standards.
229.209 Alternative locomotive crashworthiness designs.
229.211 Processing of petitions.
229.213 Locomotive manufacturing information.
229.215 Retention and inspection of designs.
229.217 Fuel tank.
Appendix A to Part 229--Form FRA 6180-49A [Note]
Appendix B to Part 229--Schedule of Civil Penalties
Appendix C to Part 229--FRA Locomotive Standards--Code of Defects [Note]
Appendix D to Part 229--Criteria for Certification of Crashworthy Event
Recorder Memory Module
Appendix E to Part 229--Performance Criteria for Locomotive
Crashworthiness
Authority: 49 U.S.C. 20103, 20107, 20133, 20137-38, 20143, 20701-03,
21301-02, 21304; 28 U.S.C. 2401, note; and 49 CFR 1.49(c), (m).
Source: 45 FR 21109, Mar. 31, 1980, unless otherwise noted.
Subpart A_General
Sec. 229.1 Scope.
This part prescribes minimum Federal safety standards for all
locomotives except those propelled by steam power.
Sec. 229.3 Applicability.
(a) Except as provided in paragraphs (b) through (e) of this
section, this part applies 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 not part of the general railroad system of transportation; or
(2) Rapid transit operations in an urban area that are not connected
with the general railroad system of transportation.
(c) Paragraphs (a) and (b) of Sec. 229.125 do not apply to Tier II
passenger equipment as defined in Sec. 238.5 of this chapter (i.e.,
passenger equipment operating at speeds exceeding 125 mph but not
exceeding 150 mph).
(d) On or after November 8, 1999, paragraphs (a)(1) and (b)(1) of
Sec. 229.141 do not apply to ``passenger equipment'' as defined in
Sec. 238.5 of this chapter, unless such equipment is excluded from the
requirements of Sec. Sec. 238.203 through
[[Page 387]]
238.219, and Sec. 238.223 of this chapter by operation of Sec.
238.201(a)(2) of this chapter.
(e) Paragraphs (a)(2) through (a)(4), and (b)(2) through (b)(4) of
Sec. 229.141 do not apply to ``passenger equipment'' as defined in
Sec. 238.5 of this chapter that is placed in service for the first time
on or after September 8, 2000, unless such equipment is excluded from
the requirements of Sec. Sec. 238.203 through 238.219, and Sec.
238.223 of this chapter by operation of Sec. 238.201(a)(2) of this
chapter.
[54 FR 33229, Aug. 14, 1989, as amended at 64 FR 25659, May 12, 1999]
Sec. 229.4 Information collection.
(a) The information collection requirements in this part have been
reviewed by the Office of Management and Budget pursuant to the
Paperwork Reduction Act of 1980, Public Law 96-511, and have been
assigned OMB control number 2130-0004.
(b) The information collection requirements are found in the
following sections:
(1) Section 229.9.
(2) Section 229.17.
(3) Section 229.21.
(4) Section 229.23.
(5) Section 229.25.
(6) Section 229.27.
(7) Section 229.29.
(8) Section 229.31.
(9) Section 229.33.
(10) Section 229.55.
(11) Section 229.103.
(12) Section 229.105.
(13) Section 229.113.
(14) Section 229.135.
[50 FR 6953, Feb. 19, 1985, as amended at 58 FR 36613, July 8, 1993]
Sec. 229.5 Definitions.
As used in this part--
AAR means the Association of American Railroads.
Acceptable quality level (AQL). The AQL is expressed in terms of
percent defective or defects per 100 units. Lots having a quality level
equal to a specified AQL will be accepted approximately 95 percent of
the time when using the sampling plans prescribed for that AQL.
Anti-climbers means the parts at the ends of adjoining rail vehicles
in a train that are designed to engage when subjected to large buff
loads to prevent the override of one vehicle by another.
Associate Administrator for Safety means the Associate Administrator
for Safety, Federal Railroad Administration, or that person's delegate
as designated in writing.
Break means a fracture resulting in complete separation into parts.
Build date means the date on which the completed locomotive is
shipped by the manufacturer or remanufacturer to the customer, or if the
railroad manufactures or remanufactures the locomotive itself, the date
on which the locomotive is released from the manufacture or
remanufacture facility.
Cab means that portion of the superstructure designed to be occupied
by the crew operating the locomotive.
Carrier means railroad, as that term is in this section.
Collision posts means structural members of the end structures of a
rail vehicle that extend vertically from the underframe to which they
are securely attached and that provide protection to occupied
compartments from an object penetrating the vehicle during a collision.
Corner posts means structural members located at the intersection of
the front or rear surface with the side surface of a rail vehicle and
which extend vertically from the underframe to the roof.
Commuter service means the type of railroad service described under
the heading ``Commuter Operations'' in 49 CFR part 209, Appendix A.
Commuter work train is a non-revenue service train used in the
administration and upkeep service of a commuter railroad.
Control cab locomotive means a locomotive without propelling motors
but with one or more control stands.
Controlling remote distributed power locomotive means the locomotive
in a distributed power consist that receives the coded signal from the
lead locomotive consist of the train whether commanded automatically by
the distributed power system or manually by the locomotive engineer.
Crack means a fracture without complete separation into parts,
except that castings with shrinkage cracks or hot
[[Page 388]]
tears that do not significantly diminish the strength of the member are
not considered to be cracked.
Cruise control means a device that controls locomotive power output
to obtain a targeted speed. A device that functions only at or below 30
miles per hour is NOT considered a ``cruise control'' for purposes of
this part.
Data element means one or more data point or value reflecting on-
board train operations at a particular time. Data may be actual or
``passed through'' values or may be derived from a combination of values
from other sources.
Dead locomotive means--
(1) A locomotive, other than a control cab locomotive, that does not
have any traction device supplying tractive power; or
(2) A control cab locomotive that has a locked and unoccupied cab.
Defective means, for purposes of section 229.129 of this part, a
locomotive equipped with an audible warning device that produces a
maximum sound level in excess of 110 dB(A) and/or a minimum sound level
below 96 dB(A), as measured 100 feet forward of the locomotive in the
direction of travel.
Designated service means exclusive operation of a locomotive under
the following conditions:
(1) The locomotive is not used as an independent unit or the
controlling unit in a consist of locomotives except when moving for the
purposes of servicing or repair within a single yard area;
(2) The locomotive is not occupied by operating or deadhead crews
outside a single yard area; and
(3) The locomotive is stenciled ``Designated Service--DO NOT
OCCUPY.''
Design standard means a criterion adopted by an industry or
voluntary consensus standards body, which addresses the design of a
locomotive with respect to its crashworthiness and crashworthiness
features.
Distributed power system means a system that provides control of a
number of locomotives dispersed throughout a train from a controlling
locomotive located in the lead position. The system provides control of
the rearward locomotives by command signals originating at the lead
locomotive and transmitted to the remote (rearward) locomotives.
DMU locomotive means a diesel-powered multiple unit operated
locomotive with one or more propelling motors designed to carry
passenger traffic.
Electronic air brake means a brake system controlled by a computer
which provides the means for control of the locomotive brakes or train
brakes or both.
Event recorder means a device, designed to resist tampering, that
monitors and records data, as detailed in Sec. 229.135(b), over the
most recent 48 hours of operation of the electrical system of the
locomotive on which the device is installed. However, a device, designed
to resist tampering, that monitors and records the specified data only
when the locomotive is in motion meets this definition if the device was
installed prior to November 5, 1993 and if it records the specified data
for the last eight hours the locomotive was in motion.
Event recorder memory module means that portion of the event
recorder used to retain the recorded data as detailed in Sec.
229.135(b).
FRA means the Federal Railroad Administration.
Fuel tank, external means a fuel containment vessel that extends
outside the car body structure of a locomotive.
Fuel tank, internal means a fuel containment vessel that does not
extend outside the car body structure of a locomotive.
High voltage means an electrical potential of more than 150 volts.
In-service event recorder means an event recorder that was
successfully tested as prescribed in Sec. 229.27(d) and whose
subsequent failure to operate as intended, if any, is not actually known
by the railroad operating the locomotive on which it is installed.
Lateral means the horizontal direction perpendicular to the
direction of travel.
Lead locomotive means the first locomotive proceeding in the
direction of movement.
Lite locomotive means a locomotive or a consist of locomotives not
attached to any piece of equipment or attached only to a caboose.
[[Page 389]]
Locomotive means a piece of on-track equipment other than hi-rail,
specialized maintenance, or other similar equipment--
(1) With one or more propelling motors designed for moving other
equipment;
(2) With one or more propelling motors designed to carry freight or
passenger traffic or both; or
(3) Without propelling motors but with one or more control stands.
Locomotive cab means the compartment or space on board a locomotive
where the control stand is located and which is normally occupied by the
engineer when the locomotive is operated.
Longitudinal means in a direction parallel to the normal direction
of travel.
Lot means a collection of locomotives, equipped with the same horn
model, configuration, and location, and the same air pressure and
delivery system, which has been manufactured or processed under
essentially the same conditions.
Mandatory directive means any movement authority or speed
restriction that affects a railroad operation.
Manufacture means the act of constructing a locomotive.
Modesty lock means a latch that can be operated in the normal manner
only from within the sanitary compartment, that is designed to prevent
entry of another person when the sanitary compartment is in use. A
modesty lock may be designed to allow deliberate forced entry in the
event of an emergency.
Monocoque design locomotive means a locomotive design where the
shell or skin acts as a single unit with the supporting frame to resist
and transmit the loads acting on the locomotive.
MU locomotive means a multiple unit operated electric locomotive--
(1) With one or more propelling motors designed to carry freight or
passenger traffic or both; or
(2) Without propelling motors but with one or more control stands.
Narrow-nose locomotive means a locomotive with a short hood that
spans substantially less than the full width of the locomotive.
Occupied service means the operation of a locomotive when the cab is
physically occupied by a person.
Other short-haul passenger service means the type of railroad
service described under the heading ``Other short-haul passenger
service'' in 49 CFR part 209, Appendix A.
Permanent deformation means the undergoing of a permanent change in
shape of a structural member of a rail vehicle.
Potable water means water that meets the requirements of 40 CFR part
141, the Environmental Protection Agency's Primary Drinking Water
Regulations, or water that has been approved for drinking and washing
purposes by the pertinent state or local authority having jurisdiction.
For purposes of this part, commercially available, bottled drinking
water is deemed potable water.
Powered axle is an axle equipped with a traction device.
Power car means a rail vehicle that propels a Tier II passenger
train or is the lead vehicle in a Tier II passenger train, or both.
Railroad means all forms of non-highway ground transportation that
run on rails or electromagnetic guideways, including:
(1) Commuter or other short-haul rail passenger service in a
metropolitan or suburban area, and
(2) High speed ground transportation systems that connect
metropolitan areas, without regard to whether they use new technologies
not associated with traditional railroads. Such term does not include
rapid transit operations within an urban area that are not connected to
the general railroad system of transportation.
Remanufacture means the act of constructing a remanufactured
locomotive.
Remanufactured locomotive means a locomotive rebuilt or refurbished
from a previously used or refurbished underframe (``deck''), containing
fewer than 25% previously used components (measured by dollar value of
the components). For calculation purposes, the percentage of previously
used components is determined with equivalent value of new parts and is
calculated using dollar values from the same year
[[Page 390]]
as the new parts used to remanufacture the locomotive.
Roof rail means the longitudinal structural member at the
intersection of the side wall and the roof sheathing.
Sanitary means lacking any condition in which any significant amount
of filth, trash, or human waste is present in such a manner that a
reasonable person would believe that the condition might constitute a
health hazard; or of strong, persistent, chemical or human waste odors
sufficient to deter use of the facility, or give rise to a reasonable
concern with respect to exposure to hazardous fumes. Such conditions
include, but are not limited to, a toilet bowl filled with human waste,
soiled toilet paper, or other products used in the toilet compartment,
that are present due to a defective toilet facility that will not flush
or otherwise remove waste; visible human waste residue on the floor or
toilet seat that is present due to a toilet that overflowed; an
accumulation of soiled paper towels or soiled toilet paper on the floor,
toilet 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 enclosed compartment on a railroad
locomotive 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 be stored are not stored
or when the stored data do not match the data received 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 coupled by means of a drawbar or
other coupling mechanism that requires tools to perform the uncoupling
operation.
Serious injury means an injury that results in the amputation of any
appendage, 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 locomotive above the underframe
located between the cab and the nearest end of the locomotive.
Standards body means an industry and/or professional organization or
association which conducts research and develops and/or issues policies,
criteria, principles, and standards related to the rail industry.
Switching service means the classification of railroad freight and
passenger cars according to commodity or destination; 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.
Throttle position means any and all of the discrete output positions
indicating the speed/tractive effort characteristic requested by the
operator of the locomotive on which the throttle is installed. Together,
the discrete output positions shall cover the entire range of possible
speed/tractive effort characteristics. If the throttle has continuously
variable segments, the event recorder shall capture either:
(1) The exact level of speed/tractive effort characteristic
requested, on a scale of zero (0) to one hundred percent (100%) of the
output variable or
(2) A value converted from a percentage to a comparable 0 to 8
digital signal.
Tier II means operating at speeds exceeding 125 mph but not
exceeding 150 mph.
Time means either ``time-of-day'' or ``elapsed time'' (from an
arbitrarily determined event) as determined by the manufacturer. In
either case, the recorder must be able to convert to an accurate time-
of-day with the time zone stated unless it is Greenwich mean time (UTC).
Toilet facility means a system that automatically or on command of
the user removes human waste to a place where it is treated, eliminated,
or retained such that no solid or non-treated liquid waste is thereafter
permitted
[[Page 391]]
to be released into the bowl, urinal, or room and that prevents harmful
discharges of gases or persistent offensive odors.
Transfer service means a freight train that travels between a point
of origin and a point of final destination not exceeding 20 miles and
that is not performing switching service.
Ultimate strength means the load at which a structural member
fractures or ceases to resist any load.
Unsanitary means having any condition in which any significant
amount of filth, trash, or human waste is present in such a manner that
a reasonable person would believe that the condition might constitute a
health hazard; or strong, persistent, chemical or human waste odors
sufficient to deter use of the facility, or give rise to a reasonable
concern with respect to exposure to hazardous fumes. Such conditions
include, but are not limited to, a toilet bowl filled with human waste,
soiled toilet paper, or other products used in the toilet compartment,
that are present due to a defective toilet facility that will not flush
or otherwise remove waste; visible human waste residue on the floor or
toilet seat that is present due to a toilet that overflowed; an
accumulation of soiled paper towels or soiled toilet paper on the floor,
toilet 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.
Washing system means a system for use by railroad employees to
maintain personal cleanliness that includes a secured sink or basin,
water, antibacterial soap, and paper towels; or antibacterial waterless
soap and paper towels; or antibacterial moist towelettes and paper
towels; or any other combination of suitable antibacterial cleansing
agents.
Wide-nose locomotive means a locomotive with a short hood that spans
the full width of the locomotive.
[70 FR 37938, June 30, 2005, as amended at 71 FR 36911, June 28, 2006;
71 FR 47666, Aug. 17, 2006]
Sec. 229.7 Prohibited acts.
(a) The Locomotive Inspection Act (45 U.S.C. 22-34) makes it
unlawful for any carrier to use or permit to be used on its line any
locomotive unless the entire locomotive and its appurtenances--
(1) Are in proper condition and safe to operate in the service to
which they are 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 type covered under 1 U.S.C. 1,
including but not limited to the following: a railroad; a manager,
supervisor, official, or other employee or agent of a railroad; any
owner, manufacturer, lessor, or lessee of railroad equipment, track, or
facilities; any independent contractor providing goods or services to a
railroad; and any employee of such owner, manufacturer, lessor, lessee,
or independent contractor) who violates any requirement of this part or
of the Locomotive Inspection Act or causes the violation of any such
requirement is subject to a civil penalty of at least $550 and not more
than $11,000 per violation, except that: Penalties may be assessed
against individuals only for willful violations, and, where a grossly
negligent violation or a pattern of repeated violations has created an
imminent hazard of death or injury to persons, or has caused death or
injury, a penalty not to exceed $27,000 per violation may be assessed.
Each day a violation continues shall constitute a separate offense. See
appendix B to this part for a statement of agency civil penalty 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]
Sec. 229.9 Movement of non-complying locomotives.
(a) Except as provided in paragraphs (b), (c) and Sec. 229.125(h),
a locomotive with one or more conditions not in compliance with this
part may be moved only as a lite locomotive or a dead locomotive after
the carrier has complied with the following:
(1) A qualified person shall determine--
[[Page 392]]
(i) That it is safe to move the locomotive; and
(ii) The maximum speed and other restrictions necessary for safely
conducting the movement;
(2)(i) The engineer in charge of the movement of the locomotive
shall be notified in writing and inform all other crew members in the
cab of the presence of the non-complying locomotive and the maximum
speed and other restrictions determined under paragraph (a)(1)(ii) of
this section.
(ii) A copy of the tag described in paragraph (a)(3) of this section
may be used to provide the notification required by paragraph (a)(2)(i)
of this section.
(3) A tag bearing the words ``non-complying locomotive'' and
containing the following information, shall be securely attached to the
control stand on each MU or control cab locomotive and to the isolation
switch or near the engine start switch on every other type of
locomotive--
(i) The locomotive number;
(ii) The name of the inspecting carrier;
(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
by this paragraph.
(b) A locomotive that develops a non-complying condition enroute may
continue to utilize its propelling motors, if the requirements of
paragraph (a) are otherwise fully met, until the earlier of--
(1) The next calendar day inspection, or
(2) The nearest forward point where the repairs necessary to bring
it into compliance can be made.
(c) A non-complying locomotive may be moved lite or dead within a
yard, at speeds not in excess of 10 miles per hour, without meeting the
requirements of paragraph (a) of this section if the movement is solely
for the purpose of repair. The carrier is responsible to insure that the
movement may be safely made.
(d) A dead locomotive may not continue in use following a calendar
day inspection as a controlling locomotive or at the head of a train or
locomotive consist.
(e) A locomotive does not cease to be a locomotive because its
propelling motor or motors are inoperative or because its control jumper
cables are not connected.
(f) Nothing in this section authorizes the movement of a locomotive
subject to a Special Notice for Repair unless the movement is made in
accordance with the restrictions contained in the Special Notice.
(g) Paragraphs (a), (b), and (c) of this section shall not apply to
sanitation conditions covered by Sec. Sec. 229.137 and 229.139.
Sections 229.137 and 229.139 set forth specific requirements for the
movement and repair of locomotives with defective sanitation
compartments.
[45 FR 21109, Mar. 31, 1980, as amended at 61 FR 8887, Mar. 6, 1996; 67
FR 16050, Apr. 4, 2002]
Sec. 229.11 Locomotive identification.
(a) The letter ``F'' shall be legibly shown on each side of every
locomotive near the end which for identification purposes will be known
as the front end.
(b) The locomotive number shall be displayed in clearly legible
numbers on each side of each locomotive.
Sec. 229.13 Control of locomotives.
Except when a locomotive is moved in accordance with Sec. 229.9,
whenever two or more locomotives are coupled in remote or multiple
control, the propulsion system, the sanders, and the power brake system
of each locomotive shall respond to control from the cab of the
controlling locomotive. If a dynamic brake or regenerative brake system
is in use, that portion of the system in use shall respond to control
from the cab of the controlling locomotive.
Sec. 229.14 Non-MU control cab locomotives.
On each non-MU control cab locomotive, only those components added
to the passenger car that enable it to serve as a lead locomotive,
control the locomotive actually providing tractive
[[Page 393]]
power, and otherwise control the movement of the train, are subject to
this part.
Sec. 229.17 Accident reports.
(a) In the case of an accident due to a failure from any cause of a
locomotive or any part or appurtenance of a locomotive, or a person
coming in contact with an electrically energized part or appurtenance,
that results in serious injury or death of one or more persons, the
carrier operating the locomotive shall immediately report the accident
by toll free telephone, Area Code 800-424-0201. The report shall state
the nature of the accident, number of persons killed or seriously
injured, the place at which it occurred, the location at which the
locomotive or the affected parts may be inspected by the FRA, and the
name, title and phone number of the person making the call. The
locomotive or the part or parts affected by the accident shall be
preserved intact by the carrier until after the FRA inspection.
(b) Written confirmation of the oral report required by paragraph
(a) of this section shall be immediately mailed to the Federal Railroad
Administration, RRS-25, Washington, DC 20590, and contain a detailed
description of the accident, including to the extent known, the causes
and the number of persons killed and injured. The written report
required by this paragraph is in addition to the reporting requirements
of 49 CFR part 225.
Sec. 229.19 Prior waivers.
All waivers of every form and type from any requirement of any order
or regulation implementing the Locomotive Inspection Act, applicable to
one or more locomotives except those propelled by steam power, shall
lapse on August 31, 1980, unless a copy of the grant of waiver is filed
prior to that date with the Office of Safety (RRS-23), Federal Railroad
Administration, Washington, DC 20590.
Subpart B_Inspections and Tests
Sec. 229.21 Daily inspection.
(a) Except for MU locomotives, each locomotive in use shall be
inspected at least once during each calendar day. A written report of
the inspection shall be made. This report shall contain the name of the
carrier; the initials and number of the locomotive; the place, date and
time of the inspection; a description of the non-complying conditions
disclosed by the inspection; and the signature of the employee making
the inspection. Except as provided in Sec. Sec. 229.9, 229.137, and
229.139, any conditions that constitute non-compliance with any
requirement of this part shall be repaired before the locomotive is
used. Except with respect to conditions that do not comply with Sec.
229.137 or Sec. 229.139, a notation shall be made on the report
indicating the nature of the repairs that have been made. Repairs made
for conditions that do not comply with Sec. 229.137 or Sec. 229.139
may be noted on the report, or in electronic form. The person making the
repairs shall sign the report. The report shall be filed and retained
for at least 92 days in the office of the carrier at the terminal at
which the locomotive is cared for. A record shall be maintained on each
locomotive showing the place, date and time of the previous inspection.
(b) Each MU locomotive in use shall be inspected at least once
during each calendar day and a written report of the inspection shall be
made. This report may be part of a single master report covering an
entire group of MU's. If any non-complying conditions are found, a
separate, individual report shall be made containing the name of the
carrier; the initials and number of the locomotive; the place, date, and
time of the inspection; the non-complying conditions found; and the
signature of the inspector. Except as provided in Sec. Sec. 229.9,
229.137, and 229.139, any conditions that constitute non-compliance with
any requirement of this part shall be repaired before the locomotive is
used. Except with respect to conditions that do not comply with Sec.
229.137 or Sec. 229.139, a notation shall be made on the report
indicating the nature of the repairs that have been made. Repairs made
for conditions that do not comply with Sec. 229.137 or Sec. 229.139
may be noted on the report, or in electronic form. A notation shall be
made on the report indicating the nature of the repairs that have been
made. The person making the repairs shall sign the report.
[[Page 394]]
The report shall be filed in the office of the carrier at the place
where the inspection is made or at one central location and retained for
at least 92 days.
(c) Each carrier shall designate qualified persons to make the
inspections required by this section.
[45 FR 21109, Mar. 31, 1980, as amended at 50 FR 6953, Feb. 19, 1985; 67
FR 16050, Apr. 4, 2002]
Sec. 229.23 Periodic inspection: General.
(a) Each locomotive and steam generator shall be inspected at each
periodic inspection to determine whether it complies with this part.
Except as provided in Sec. 229.9, all non-complying conditions shall be
repaired before the locomotive or the steam generator is used. Except as
provided in Sec. 229.33, the interval between any two periodic
inspections may not exceed 92 days. Periodic inspections shall only be
made where adequate facilities are available. At each periodic
inspection, a locomotive shall be positioned so that a person may safely
inspect the entire underneath portion of the locomotive.
(b) The periodic inspection of the steam generator may be postponed
indefinitely if the water suction pipe to the water pump and the leads
to the main switch (steam generator switch) are disconnected, and the
train line shut-off-valve is wired closed or a blind gasket applied.
However, the steam generator shall be so inspected before it is returned
to use.
(c) After April 30, 1980, each new locomotive shall receive an
initial periodic inspection before it is used. Except as provided in
Sec. 229.33, each locomotive in use on or before April 30, 1980, shall
receive an initial periodic inspection within 92 days of the last 30-day
inspection performed under the prior rules (49 CFR 230.331 and 230.451).
At the initial periodic inspection, the date and place of the last tests
performed that are the equivalent of the tests required by Sec. Sec.
229.27, 229.29, and 229.31 shall be entered on Form FRA F 6180-49A.
These dates shall determine when the tests first become due under
Sec. Sec. 229.27, 229.29, and 229.31. Out of use credit may be carried
over from Form FRA F 6180-49 and entered on Form FRA F 6180-49A.
(d) Each periodic inspection shall be recorded on Form FRA F 6180-
49A. The form shall be signed by the person conducting the inspection
and certified by that person's supervisor that the work was done. The
form shall be displayed under a transparent cover in a conspicuous place
in the cab of each locomotive.
(e) At the first periodic inspection in each calendar year the
carrier shall remove from each locomotive Form FRA F 6180-49A covering
the previous calendar year. If a locomotive does not receive its first
periodic inspection in a calendar year before April 2 because it is out
of use, the form shall be promptly replaced. The Form FRA F 6180-49A
covering the preceding year for each locomotive, in or out of use, shall
be signed by the railroad official responsible for the locomotive and
filed as required in Sec. 229.23(f). The date and place of the last
periodic inspection and the date and place of the last test performed
under Sec. Sec. 229.27, 229.29, and 229.31 shall be transferred to the
replacement Form FRA F 6180-49A.
(f) The mechanical officer of each railroad who is in charge of a
locomotive shall maintain in his office a secondary record of the
information reported on Form FRA F 6180-49A under this part. The
secondary record shall be retained until Form FRA F 6180-49A has been
removed from the locomotive and filed in the railroad office of the
mechanical officer in charge of the locomotive. If the Form FRA F 6180-
49A removed from the locomotive is not clearly legible, the secondary
record shall be retained until the Form FRA F 6180-49A for the
succeeding year is filed. The Form F 6180-49A removed from a locomotive
shall be retained until the Form FRA F 6180-49A for the succeeding year
is filed.
[45 FR 21109, Mar. 31, 1980, as amended at 45 FR 39852, June 12, 1980;
50 FR 6953, Feb. 19, 1985]
Sec. 229.25 Tests: Every periodic inspection.
Each periodic inspection shall include the following:
(a) All mechanical gauges used by the engineer to aid in the control
or braking of the train or locomotive, except load meters used in
conjunction with an auxiliary brake system, shall be tested by
comparison with a dead-
[[Page 395]]
weight tester or a test gauge designed for this purpose.
(b) All electrical devices and visible insulation shall be
inspected.
(c) All cable connections between locomotives and jumpers that are
designed to carry 600 volts or more shall be thoroughly cleaned,
inspected, and tested for continuity.
(d) Each steam generator that is not isolated as prescribed in Sec.
229.23(b) shall be inspected and tested as follows:
(1) All automatic controls, alarms and protective devices shall be
inspected and tested.
(2) Steam pressure gauges shall be tested by comparison with a dead-
weight tester or a test gauge designed for this purpose. The siphons to
the steam gauges shall be removed and their connections examined to
determine that they are open.
(3) Safety valves shall be set and tested under steam after the
steam pressure gauge is tested.
(e) Event recorder. A microprocessor-based self-monitoring event
recorder, if installed, is exempt from periodic inspection under
paragraphs (e)(1) through (e)(5) of this section and shall be inspected
annually as required by Sec. 229.27(d). Other types of event recorders,
if installed, shall be inspected, maintained, and tested in accordance
with instructions of the manufacturer, supplier, or owner thereof and in
accordance with the following criteria:
(1) A written or electronic copy of the instructions in use shall be
kept at the point where the work is performed and a hard-copy version,
written in the English language, shall be made available upon request of
a governmental agent empowered to request it.
(2) The event recorder shall be tested before any maintenance work
is performed on it. At a minimum, the event recorder test shall include
cycling, as practicable, all required recording elements and determining
the full range of each element by reading out recorded data.
(3) If the pre-maintenance test does not reveal that the device is
recording all the specified data and that all recordings are within the
designed recording elements, this fact shall be noted, and maintenance
and testing shall be performed as necessary until a subsequent test is
successful.
(4) When a successful test is accomplished, a copy of the data-
verification results shall be maintained in any medium with the
maintenance records for the locomotive until the next one is filed.
(5) A railroad's event recorder periodic maintenance shall be
considered effective if 90 percent of the recorders on locomotives
inbound for periodic inspection in any given calendar month are still
fully functional; maintenance practices and test intervals shall be
adjusted as necessary to yield effective periodic maintenance.
[45 FR 21109, Mar. 31, 1980, as amended at 58 FR 36614, July 8, 1993; 60
FR 27905, May 26, 1995; 66 FR 4192, Jan. 17, 2001; 70 FR 37939, June 30,
2005]
Sec. 229.27 Annual tests.
A locomotive, except for a DMU or MU locomotive, shall be subjected
to the tests and inspections prescribed in paragraphs (a), (b), and (c)
of this section. A DMU locomotive or an MU locomotive shall be subjected
to the tests and inspections prescribed in paragraphs (b) and (c) of
this section. A locomotive, including a DMU locomotive or an MU
locomotive, equipped with a microprocessor-based event recorder that
includes a self-monitoring feature, shall be subjected to the tests and
inspections prescribed in paragraph (d) of this section. All testing
under this section shall be performed at intervals that do not exceed
368 calendar days.
(a)(1) The filtering devices or dirt collectors located in the main
reservoir supply line to the air brake system shall be cleaned,
repaired, or replaced.
(2) Brake cylinder relay valve portions, main reservoir safety
valves, brake pipe vent valve portions, feed and reducing valve portions
in the air brake system (including related dirt collectors and filters)
shall be cleaned, repaired, and tested.
(3) The date and place of the cleaning, repairing, and testing shall
be recorded on Form FRA F 6180-49A and the person performing the work
and that person's supervisor shall sign the form. A record of the parts
of the air brake system that are cleaned, repaired, and tested shall be
kept in the
[[Page 396]]
carrier's files or in the cab of the locomotive.
(4) At its option, a carrier may fragment the work required by this
paragraph. In that event, a separate air record shall be maintained
under a transparent cover in the cab. The air record shall include the
locomotive number, a list of the air brake components, and the date and
place of the last inspection and test of each component. The signature
of the person performing the work and the signature of that person's
supervisor shall be included for each component. A duplicate record
shall be maintained in the carrier's files.
(b) The load meter shall be tested. Each device used by the engineer
to aid in the control or braking of the train or locomotive that
provides an indication of air pressure electronically shall be tested by
comparison with a test gauge or self-test designed for this purpose. An
error of greater than five percent or three pounds per square inch shall
be corrected. The date and place of the test shall be recorded on Form
FRA F 6180-49A, and the person conducting the test and that person's
supervisor shall sign the form.
(c) Each steam generator that is not isolated as prescribed in Sec.
229.23(b), shall be subjected to a hydrostatic pressure at least 25
percent above the working pressure and the visual return water-flow
indicator shall be removed and inspected.
(d) A microprocessor-based event recorder with a self-monitoring
feature equipped to verify that all data elements required by this part
are recorded, requires further maintenance only if either or both of the
following conditions exist:
(1) The self-monitoring feature displays an indication of a failure.
If a failure is displayed, further maintenance and testing must be
performed until a subsequent test is successful. When a successful test
is accomplished, a record, in any medium, shall be made of that fact and
of any maintenance work necessary to achieve the successful result. This
record shall be available at the location where the locomotive is
maintained until a record of a subsequent successful test is filed.
(2) A download of the event recorder, taken within the preceding 30
days and reviewed for the previous 48 hours of locomotive operation,
reveals a failure to record a regularly recurring data element or
reveals that any required data element is not representative of the
actual operations of the locomotive during this time period. If the
review is not successful, further maintenance and testing shall be
performed until a subsequent test is successful. When a successful test
is accomplished, a record, in any medium, shall be made of that fact and
of any maintenance work necessary to achieve the successful result. This
record shall be kept at the location where the locomotive is maintained
until a record of a subsequent successful test is filed. The download
shall be taken from information stored in the certified crashworthy
crash hardened event recorder memory module if the locomotive is so
equipped.
[45 FR 21109, Mar. 31, 1980, as amended at 66 FR 4192, Jan. 17, 2001; 70
FR 37940, June 30, 2005]
Sec. 229.29 Biennial tests.
(a) Except for the valves and valve portions on non-MU locomotives
that are cleaned, repaired, and tested as prescribed in Sec. 229.27(a),
all valves, valve portions, MU locomotive brake cylinders and electric-
pneumatic master controllers in the air brake system (including related
dirt collectors and filters) shall be cleaned, repaired, and tested at
intervals that do not exceed 736 calendar days. The date and place of
the cleaning, repairing, and testing shall be recorded on Form FRA F
6180-49A, and the person performing the work and that person's
supervisor shall sign the form. A record of the parts of the air brake
system that are cleaned, repaired, and tested shall be kept in the
carrier's files or in the cab of the locomotive.
(b) At its option, a carrier may fragment the work required by this
section. In that event, a separate air record shall be maintained under
a transparent cover in the cab. The air record shall include the
locomotive number, a list of the air brake components, and the date and
place of the inspection and test of each component.
[[Page 397]]
The signature of the person performing the work and the signature of
that person's supervisor shall be included for each component. A
duplicate record shall be maintained in the carrier's files.
Sec. 229.31 Main reservoir tests.
(a) Except as provided in paragraph (c) of this section, before it
is put in service and at intervals that do not exceed 736 calendar days,
each main reservoir other than an aluminum reservoir shall be subjected
to a hydrostatic pressure of at least 25 percent more than the maximum
working pressure fixed by the chief mechanical officer. The test date,
place, and pressure shall be recorded on Form FRA F 6180-49A, and the
person performing the test and that person's supervisor shall sign the
form.
(b) Except as provided in paragraph (c) of this section, each main
reservoir other than an aluminum reservoir shall be hammer tested over
its entire surface while the reservoir is empty at intervals that do not
exceed 736 calendar days. The test date and place shall be recorded on
Form FRA F 6180-49A, and the person performing the test and that
person's supervisor shall sign the form.
(c) Each welded main reservoir originally constructed to withstand
at least five times the maximum working pressure fixed by the chief
mechanical officer may be drilled over its entire surface with telltale
holes that are three-sixteenths of an inch in diameter. The holes shall
be spaced not more than 12 inches apart, measured both longitudinally
and circumferentially, and drilled from the outer surface to an extreme
depth determined by the formula--
D=(.6PR/(S-0.6P))
where:
D=extreme depth of telltale holes in inches but in no case less than
one-sixteenth inch;
P=certified working pressure in pounds per square inch;
S=one-fifth of the minimum specified tensile strength of the material in
pounds per square inch; and
R=inside radius of the reservoir in inches.
One row of holes shall be drilled lengthwise of the reservoir on a line
intersecting the drain opening. A reservoir so drilled does not have to
meet the requirements of paragraphs (a) and (b) of this section, except
the requirement for a hydrostatic test before it is placed in use.
Whenever any such telltale hole shall have penetrated the interior of
any reservoir, the reservoir shall be permanently withdrawn from
service. A reservoir now in use may be drilled in lieu of the tests
provided for by paragraphs (a) and (b) of this section, but it shall
receive a hydrostatic test before it is returned to use.
(d) Each aluminum main reservoir before being placed in use and at
intervals that do not exceed 736 calendar days thereafter, shall be--
(1) Cleaned and given a thorough visual inspection of all internal
and external surfaces for evidence of defects or deterioration; and
(2) Subjected to a hydrostatic pressure at least twice the maximum
working pressure fixed by the chief mechanical officer, but not less
than 250 p.s.i. The test date, place, and pressure shall be recorded on
Form FRA F 6180-49A, and the person conducting the test and that
person's supervisor shall sign the form.
Sec. 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 inspection required by
Sec. 229.23, 229.25, 229.27, 229.29, or 229.31, an out-of-use notation
showing the number of out-of-use days shall be made on an inspection
line on Form FRA F 6180-49A. A supervisory employee of the carrier who
is responsible for the locomotive shall attest to the notation. If the
locomotive is out of use for one or more periods of at least 30
consecutive days each, the interval prescribed for any test 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 accordance with Sec. 229.9 is not a use
for purposes of determining the period of the out-of-use credit.
[[Page 398]]
Subpart C_Safety Requirements
General Requirements
Sec. 229.41 Protection against personal injury.
Fan openings, exposed gears and pinions, exposed moving parts of
mechanisms, pipes carrying hot gases and high-voltage equipment,
switches, circuit breakers, contactors, relays, grid resistors, and
fuses shall be in non-hazardous locations or equipped with guards to
prevent personal injury.
Sec. 229.43 Exhaust and battery gases.
(a) Products of combustion shall be released entirely outside the
cab and other compartments. Exhaust stacks shall be of sufficient height
or other means provided to prevent entry of products of combustion into
the cab or other compartments under usual operating conditions.
(b) Battery containers shall be vented and batteries kept from
gassing excessively.
Sec. 229.45 General condition.
All systems and components on a locomotive shall be free of
conditions that endanger the safety of the crew, locomotive or train.
These conditions include: insecure attachment of components, including
third rail shoes or beams, traction motors and motor gear cases, and
fuel tanks; fuel, oil, water, steam, and other leaks and accumulations
of oil on electrical equipment that create a personal injury hazard;
improper functioning of components, including slack adjusters,
pantograph operating cylinders, circuit breakers, contactors, relays,
switches, and fuses; and cracks, breaks, excessive wear and other
structural infirmities of components, including quill drives, axles,
gears, pinions, pantograph shoes and horns, third rail beams, traction
motor gear cases, and fuel tanks.
Brake System
Sec. 229.46 Brakes: General.
The carrier shall know before each trip that the locomotive brakes
and devices for regulating all pressures, including but not limited to
the automatic and independent brake valves, operate as intended and that
the water and oil have been drained from the air brake system.
Sec. 229.47 Emergency brake valve.
(a) Except for locomotives with cabs designed for occupancy by only
one person, each road locomotive shall be equipped with a brake pipe
valve that is accessible to a member of the crew, other than the
engineer, from that crew member's position in the cab. On car body type
locomotives, a brake pipe valve shall be attached to the wall adjacent
to each end exit door. The words ``Emergency Brake Valve'' shall be
legibly stenciled or marked near each brake pipe valve or shall be shown
on an adjacent badge plate.
(b) MU and control cab locomotives operated in road service shall be
equipped with an emergency brake valve that is accessible to another
crew member in the passenger compartment or vestibule. The words
``Emergency Brake Valve'' shall be legibly stenciled or marked near each
valve or shall be shown on an adjacent badge plate.
Sec. 229.49 Main reservoir system.
(a)(1) The main reservoir system of each locomotive shall be
equipped with at least one safety valve that shall prevent an
accumulation of pressure of more than 15 pounds per square inch above
the maximum working air pressure fixed by the chief mechanical officer
of the carrier operating the locomotive.
(2) Except for non-equipped MU locomotives built prior to January 1,
1981, each locomotive that has a pneumatically actuated system of power
controls shall be equipped with a separate reservoir of air under
pressure to be used for operating those power controls. The reservoir
shall be provided with means to automatically prevent the loss of
pressure in the event of a failure of main air pressure, have storage
capacity for not less than three complete operating cycles of control
equipment and be located where it is not exposed to damage.
(b) A governor shall be provided that stops and starts or unloads
and loads the air compressor within 5 pounds per
[[Page 399]]
square inch above or below the maximum working air pressure fixed by the
carrier.
(c) Each compressor governor used in connection with the automatic
air brake system shall be adjusted so that the compressor will start
when the main reservoir pressure is not less than 15 pounds per square
inch above the maximum brake pipe pressure fixed by the carrier and will
not stop the compressor until the reservoir pressure has increased at
least 10 pounds.
Sec. 229.51 Aluminum main reservoirs.
(a) Aluminum main reservoirs used on locomotives shall be designed
and fabricated as follows:
(1) The heads and shell shall be made of Aluminum Association Alloy
No. 5083-0, produced in accordance with American Society of Mechnical
Engineers (ASME) Specification SB-209, as defined in the ``ASME Boiler
and Pressure Vessel Code'' (1971 edition), section II, Part B, page 123,
with a minimum tensile strength of 40,000 p.s.i. (40 k.s.i.).
(2) Each aluminum main reservoir shall be designed and fabricated in
accordance with the ``ASME Boiler and Pressure Vessel Code,'' section
VIII, Division I (1971 edition), except as otherwise provided in this
part.
(3) An aluminum main reservoir shall be constructed to withstand at
least five times its maximum working pressure or 800 p.s.i., whichever
is greater.
(4) Each aluminum main reservoir shall have at least two inspection
openings to permit complete circumferential visual observation of the
interior surface. On reservoirs less than 18 inches in diameter, the
size of each inspection opening shall be at least that of 1\1/2\-inch
threaded iron pipe, and on reservoirs 18 or more inches in diameter, the
size of each opening shall be at least that of 2-inch threaded iron
pipe.
(b) The following publications, which contain the industry standards
incorporated by reference in paragraph (a) of this section, may be
obtained from the publishers and are also on file in the Office of
Safety of the Federal Railroad Administration, Washington, DC 20590.
Sections II and VIII of the ``ASME Boiler and Pressure Vessel Code''
(1971 edition) are published by the American Society of Mechanical
Engineers, United Engineering Center, 345 East 47th Street, New York,
New York 10017.
Sec. 229.53 Brake gauges.
All mechanical gauges and all devices providing indication of air
pressure electronically that are used by the engineer to aid in the
control or braking of the train or locomotive shall be located so that
they may be conveniently read from the engineer's usual position during
operation of the locomotive. A gauge or device shall not be more than
five percent or three pounds per square inch in error, whichever is
less.
[66 FR 4192, Jan. 17, 2001]
Sec. 229.55 Piston travel.
(a) Brake cylinder piston travel shall be sufficient to provide
brake shoe clearance when the brakes are released.
(b) When the brakes are applied on a standing locomotive, the brake
cylinder piston travel may not exceed 1\1/2\ inches less than the total
possible piston travel. The total possible piston travel for each
locomotive shall be entered on Form FRA F 6180-49A.
(c) The minimum brake cylinder pressure shall be 30 pounds per
square inch.
Sec. 229.57 Foundation brake gear.
A lever, rod, brake beam, hanger, or pin may not be worn through
more than 30 percent of its cross-sectional area, cracked, broken, or
missing. All pins shall be secured in place with cotters, split keys, or
nuts. Brake shoes shall be fastened with a brake shoe key and aligned in
relation to the wheel to prevent localized thermal stress in the edge of
the rim or the flange.
Sec. 229.59 Leakage.
(a) Leakage from the main air reservoir and related piping may not
exceed an average of 3 pounds per square inch per minute for 3 minutes
after the pressure has been reduced to 60 percent of the maximum
pressure.
(b) Brake pipe leakage may not exceed 5 pounds per square inch per
minute.
[[Page 400]]
(c) With a full service application at maximum brake pipe pressure
and with communication to the brake cylinders closed, the brakes shall
remain applied at least 5 minutes.
(d) Leakage from control air reservoir, related piping, and
pneumatically operated controls may not exceed an average of 3 pounds
per square inch per minute for 3 minutes.
Draft System
Sec. 229.61 Draft system.
(a) A coupler may not have any of the following conditions:
(1) A distance between the guard arm and the knuckle nose of more
than 5\1/8\ inches on standard type couplers (MCB contour 1904) or more
than 5\5/16\ inches on D&E couplers.
(2) A crack or break in the side wall or pin bearing bosses outside
of the shaded areas shown in Figure 1 or in the pulling face of the
knuckle.
[GRAPHIC] [TIFF OMITTED] TC01AP91.004
(3) A coupler assembly without anti-creep protection.
(4) Free slack in the coupler or drawbar not absorbed by friction
devices or draft gears that exceeds one-half inches.
(5) A broken or cracked coupler carrier.
(6) A broken or cracked yoke.
(7) A broken draft gear.
(b) A device shall be provided under the lower end of all drawbar
pins and articulated connection pins to prevent the pin from falling out
of place in case of breakage.
Suspension System
Sec. 229.63 Lateral motion.
(a) Except as provided in paragraph (b), the total uncontrolled
lateral motion between the hubs of the wheels and boxes, between boxes
and pedestals or both, on any pair of wheels may not exceed 1 inch on
non-powered axles and friction bearing powered axles, or \3/4\ inch on
all other powered axles.
(b) The total uncontrolled lateral motion may not exceed 1\1/4\
inches on the center axle of three-axle trucks.
Sec. 229.64 Plain bearings.
A plain bearing box shall contain visible free oil and may not be
cracked to the extent that it will leak oil.
Sec. 229.65 Spring rigging.
(a) Protective construction or safety hangers shall be provided to
prevent spring planks, spring seats or bolsters from dropping to track
structure in event of a hanger or spring failure.
(b) An elliptical spring may not have its top (long) leaf broken or
any other three leaves broken, except when that spring is part of a nest
of three or more springs and none of the other springs in the nest has
its top leaf or any other
[[Page 401]]
three leaves broken. An outer coil spring or saddle may not be broken.
An equalizer, hanger, bolt, gib, or pin may not be cracked or broken. A
coil spring may not be fully compressed when the locomotive is at rest.
(c) A shock absorber may not be broken or leaking clearly formed
droplets of oil or other fluid.
Sec. 229.67 Trucks.
(a) The male center plate shall extend into the female center plate
at least \3/4\ inch. On trucks constructed to transmit tractive effort
through the center plate or center pin, the male center plate shall
extend into the female center plate at least 1\1/2\ inches. Maximum lost
motion in a center plate assemblage may not exceed \1/2\ inch.
(b) Each locomotive shall have a device or securing arrangement to
prevent the truck and locomotive body from separating in case of
derailment.
(c) A truck may not have a loose tie bar or a cracked or broken
center casting, motor suspension lug, equalizer, hanger, gib or pin. A
truck frame may not be broken or have a crack in a stress area that may
affect its structural integrity.
Sec. 229.69 Side bearings.
(a) Friction side bearings with springs designed to carry weight may
not have more than 25 percent of the springs in any one nest broken.
(b) Friction side bearings may not be run in contact unless designed
to carry weight. Maximum clearance of side bearings may not exceed one-
fourth inch on each side or a total of one-half inch on both sides,
except where more than two side bearings are used under the same rigid
superstructure. The clearance on one pair of side bearings under the
same rigid superstructure shall not exceed one-fourth inch on each side
or a total of one-half inch on both sides; the other side bearings under
the same rigid superstructure may have one-half inch clearance on each
side or a total of 1 inch on both sides. These clearances apply where
the spread of the side bearings is 50 inches or less; where the spread
is greater, the side bearing clearance may only be increased
proportionately.
Sec. 229.71 Clearance above top of rail.
No part or appliance of a locomotive except the wheels, flexible
nonmetallic sand pipe extension tips, and trip cock arms may be less
than 2\1/2\ inches above the top of rail.
Sec. 229.73 Wheel sets.
(a) The variation in the circumference of wheels on the same axle
may not exceed \1/4\ inch (two tape sizes) when applied or turned.
(b) The maximum variation in the diameter between any two wheel sets
in a three-powered-axle truck may not exceed \3/4\ inch, except that
when shims are used at the journal box springs to compensate for wheel
diameter variation, the maximum variation may not exceed 1\1/4\ inch.
The maximum variation in the diameter between any two wheel sets on
different trucks on a locomotive that has three-powered-axle trucks may
not exceed 1\1/4\ inch. The diameter of a wheel set is the average
diameter of the two wheels on an axle.
(c) On standard gauge locomotives, the distance between the inside
gauge of the flanges on non-wide flange wheels may not be less than 53
inches or more than 53\1/2\ inches. The distance between the inside
gauge of the flanges on wide flange wheels may not be less than 53
inches or more than 53\1/4\ inches.
(d) The distance back to back of flanges of wheels mounted on the
same axle shall not vary more than \1/4\ inch.
Sec. 229.75 Wheels and tire defects.
Wheels and tires may not have any of the following conditions:
(a) A single flat spot that is 2\1/2\ inches or more in length, or
two adjoining spots that are each two or more inches in length.
(b) A gouge or chip in the flange that is more than 1\1/2\ inches in
length and \1/2\ inch in width.
(c) A broken rim, if the tread, measured from the flange at a point
five-eighths inch above the tread, is less than 3\3/4\ inches in width.
(d) A shelled-out spot 2\1/2\ inches or more in length, or two
adjoining spots that are each two or more inches in length.
(e) A seam running lengthwise that is within 3\3/4\ inches of the
flange.
[[Page 402]]
(f) A flange worn to a \7/8\ inch thickness or less, gauged at a
point \3/8\ inch above the tread.
(g) A tread worn hollow \5/16\ inch or more on a locomotive in road
service or \3/8\ inch or more on a locomotive in switching service.
(h) A flange height of 1\1/2\ inches or more measured from tread to
the top of the flange.
(i) Tires less than 1\1/2\ inches thick.
(j) Rims less than 1 inch thick on a locomotive in road service or
less than \3/4\ inch on a locomotive in yard service.
(k) A crack or break in the flange, tread, rim, plate, or hub.
(l) A loose wheel or tire.
(m) Fusion welding may not be used on tires or steel wheels of
locomotives, except for the repair of flat spots and worn flanges on
locomotives used exclusively in yard service. A wheel that has been
welded is a welded wheel for the life of the wheel.
Electrical System
Sec. 229.77 Current collectors.
(a) Pantographs shall be so arranged that they can be operated from
the engineer's normal position in the cab. Pantographs that
automatically rise when released shall have an automatic locking device
to secure them in the down position.
(b) Each pantograph operating on an overhead trolley wire shall have
a device for locking and grounding it in the lowest position, that can
be applied and released only from a position where the operator has a
clear view of the pantograph and roof without mounting the roof.
Sec. 229.79 Third rail shoes.
When locomotives are equipped with both third rail and overhead
collectors, third-rail shoes shall be deenergized while in yards and at
stations when current collection is exclusively from the overhead
conductor.
Sec. 229.81 Emergency pole; shoe insulation.
(a) Each locomotive equipped with a pantograph operating on an
overhead trolley wire shall have an emergency pole suitable for
operating the pantograph. Unless the entire pole can be safely handled,
the part of the pole which can be safely handled shall be marked to so
indicate. This pole shall be protected from moisture when not in use.
(b) Each locomotive equipped with third-rail shoes shall have a
device for insulating the current collecting apparatus from the third
rail.
Sec. 229.83 Insulation or grounding of metal parts.
All unguarded noncurrent-carrying metal parts subject to becoming
charged shall be grounded or thoroughly insulated.
Sec. 229.85 Doors and cover plates marked ``Danger''.
All doors and cover plates guarding high voltage equipment shall be
marked ``Danger--High Voltage'' or with the word ``Danger'' and the
normal voltage carried by the parts so protected.
Sec. 229.87 Hand-operated switches.
All hand-operated switches carrying currents with a potential of
more than 150 volts that may be operated while under load shall be
covered and shall be operative from the outside of the cover. Means
shall be provided to show whether the switches are open or closed.
Switches that should not be operated while under load shall be legibly
marked with the words ``must not be operated under load'' and the
voltage carried.
Sec. 229.89 Jumpers; cable connections.
(a) Jumpers and cable connections between locomotives shall be so
located and guarded to provide sufficient vertical clearance. They may
not hang with one end free.
(b) Cable and jumper connections between locomotive may not have any
of the following conditions:
(1) Broken or badly chafed insulation.
(2) Broken plugs, receptacles or terminals.
(3) Broken or protruding strands of wire.
Sec. 229.91 Motors and generators.
A motor or a generator may not have any of the following conditions:
(a) Be shorted or grounded.
[[Page 403]]
(b) Throw solder excessively.
(c) Show evidence of coming apart.
(d) Have an overheated support bearing.
(e) Have an excessive accumulation of oil.
Internal Combustion Equipment
Sec. 229.93 Safety cut-off device.
The fuel line shall have a safety cut-off device that--
(a) Is located adjacent to the fuel supply tank or in another safe
location;
(b) Closes automatically when tripped and can be reset without
hazard; and
(c) Can be hand operated from clearly marked locations, one inside
the cab and one on each exterior side of the locomotive.
Sec. 229.95 Venting.
Fuel tank vent pipes may not discharge on the roof nor on or between
the rails.
Sec. 229.97 Grounding fuel tanks.
Fuel tanks and related piping shall be electrically grounded.
Sec. 229.99 Safety hangers.
Drive shafts shall have safety hangers.
Sec. 229.101 Engines.
(a) The temperature and pressure alarms, controls and related
switches of internal combustion engines shall function properly.
(b) Whenever an engine has been shut down due to mechanical or other
problems, a distinctive warning notice giving reason for the shut-down
shall be conspicuously attached near the engine starting control until
repairs have been made.
(c) Wheel slip/slide protection shall be provided on a locomotive
with an engine displaying a warning notice whenever required by Sec.
229.115(b).
Steam Generators
Sec. 229.103 Safe working pressure; factor of safety.
The safe working pressure for each steam generator shall be fixed by
the chief mechanical officer of the carrier. The minimum factor of
safety shall be four. The fixed safe working pressure shall be indicated
on FRA Form F 6180-49A.
Sec. 229.105 Steam generator number.
An identification number shall be marked on the steam generator's
separator and that number entered on FRA Form F 6180-49A.
Sec. 229.107 Pressure gauge.
(a) Each steam generator shall have an illuminated steam gauge that
correctly indicates the pressure. The steam pressure gauge shall be
graduated to not less than one and one-half times the allowed working
pressure of the steam generator.
(b) Each steam pressure gauge on a steam generator shall have a
siphon that prevents steam from entering the gauge. The pipe connection
shall directly enter the separator and shall be steam tight between the
separator and the gauge.
Sec. 229.109 Safety valves.
Every steam generator shall be equipped with at least two safety
valves that have a combined capacity to prevent an accumulation of
pressure of more than five pounds per square inch above the allowed
working pressure. The safety valves shall be independently connected to
the separator and located as closely to the separator as possible
without discharging inside of the generator compartment. The ends of the
safety valve discharge lines shall be located or protected so that
discharged steam does not create a hazard.
Sec. 229.111 Water-flow indicator.
(a) Steam generators shall be equipped with an illuminated visual
return water-flow indicator.
(b) Steam generators shall be equipped with an operable test valve
or other means of determining whether the steam generator is filled with
water. The fill test valve may not discharge steam or hot water into the
steam generator compartment.
[[Page 404]]
Sec. 229.113 Warning notice.
Whenever any steam generator has been shut down because of defects,
a distinctive warning notice giving reasons for the shut-down shall be
conspicuously attached near the steam generator starting controls until
the necessary repairs have been made. The locomotive in which the steam
generator displaying a warning notice is located may continue in service
until the next periodic inspection.
Cabs and Cab Equipment
Sec. 229.115 Slip/slide alarms.
(a) Except for MU locomotives, each locomotive used in road service
shall be equipped with a device that provides an audible or visual alarm
in the cab of either slipping or sliding wheels on powered axles under
power. When two or more locomotives are coupled in multiple or remote
control, the wheel slip/slide alarm of each locomotive shall be shown in
the cab of the controlling locomotive.
(b) Except as provided in Sec. 229.9, an equipped locomotive may
not be dispatched in road service, or continue in road service following
a daily inspection, unless the wheel slip/slide protective device of
whatever type--
(1) Is functioning for each powered axle under power; and
(2) Would function on each powered axle if it were under power.
(c) Effective January 1, 1981, all new locomotives capable of being
used in road service shall be equipped with a device that detects wheel
slip/slide for each powered axle when it is under power. The device
shall produce an audible or visual alarm in the cab.
Sec. 229.117 Speed indicators.
(a) After December 31, 1980, each locomotive used as a controlling
locomotive at speeds in excess of 20 miles per hour shall be equipped
with a speed indicator which is--
(1) Accurate within 3 miles per hour of actual
speed at speeds of 10 to 30 miles per hour and accurate within 5 miles per hour at speeds above 30 miles per hour; and
(2) Clearly readable from the engineer's normal position under all
light conditions.
(b) Each speed indicator required shall be tested as soon as
possible after departure by means of speed test sections or equivalent
procedures.
Sec. 229.119 Cabs, floors, and passageways.
(a) Cab seats shall be securely mounted and braced. Cab doors shall
be equipped with a secure and operable latching device.
(b) Cab windows of the lead locomotive shall provide an undistorted
view of the right-of-way for the crew from their normal position in the
cab. (See also, Safety Glazing Standards, 49 CFR part 223, 44 FR 77348,
Dec. 31, 1979.)
(c) Floors of cabs, passageways, and compartments shall be kept free
from oil, water, waste or any obstruction that creates a slipping,
tripping or fire hazard. Floors shall be properly treated to provide
secure footing.
(d) The cab shall be provided with proper ventilation and with a
heating arrangement that maintains a temperature of at least 50 degrees
Fahrenheit 6 inches above the center of each seat in the cab.
(e) Similar locomotives with open end platforms coupled in multiple
control and used in road service shall have a means of safe passage
between them; no passageway is required through the nose of car body
locomotives. There shall be a continuous barrier across the full width
of the end of a locomotive or a continuous barrier between locomotives.
(f) Containers shall be provided for carrying fusees and torpedoes.
A single container may be used if it has a partition to separate fusees
from torpedoes. Torpedoes shall be kept in a closed metal container.
Sec. 229.121 Locomotive cab noise.
(a) After August 31, 1980, the permissible exposure to a continuous
noise in a locomotive cab shall not exceed an eight-hour time-weighted
average of 90dB(A), with a doubling rate of 5dB(A) as indicated in the
table. Continuous noise is any sound with a rise time of more than 35
milliseconds to peak intensity and a duration of more than 500
milliseconds to the time when the level is 20dB below the peak.
[[Page 405]]
------------------------------------------------------------------------
Sound
Duration permitted (hours) level
(dB(A))
------------------------------------------------------------------------
12.......................................................... 87
8........................................................... 90
6........................................................... 92
4........................................................... 95
2........................................................... 100
1\1/2\...................................................... 102
1........................................................... 105
\1/2\....................................................... 110
\1/4\ or less............................................... 115
------------------------------------------------------------------------
(b) When the continuous noise exposure is composed of two or more
periods of noise exposure of different levels, their combined effect
shall be considered. Exposure to different levels for various periods of
time shall be computed according to the following formula:
D=T1/L1+T2/L2+. . . .
Tn/Ln
where:
D = noise dose.
T = the duration of exposure (in hours) at a given continuous noise
level.
L = the limit (in hours) for the level present during the time T (from
the table).
If the value of D exceeds 1, the exposure exceeds permissible levels.
(c) Exposure to continuous noise shall not exceed 115dB(A).
(d) Noise measurements shall be made under typical operating
conditions using a sound level meter conforming, at a minimum, to the
requirements of ANSI S1.4-1971, Type 2, and set to an A-weighted slow
response or with an audiodosimeter of equivalent accuracy and precision.
(e) In conducting sound level measurements with a sound level meter,
the microphone shall be oriented vertically and positioned approximately
15 centimeters from and on axis with the crew member's ear. Measurements
with an audiodosimeter shall be conducted in accordance with
manufacturer's procedures as to microphone placement and orientation.
Sec. 229.123 Pilots, snowplows, end plates.
After January 1, 1981, each lead locomotive shall be equipped with
an end plate that extends across both rails, a pilot, or a snowplow. The
minimum clearance above the rail of the pilot, snowplow or end plate
shall be 3 inches, and the maximum clearance 6 inches.
Sec. 229.125 Headlights and auxiliary lights.
(a) Each lead locomotive used in road service shall have a headlight
that produces a peak intensity of at least 200,000 candela. If a
locomotive or locomotive consist in road service is regularly required
to run backward for any portion of its trip other than to pick up a
detached portion of its train or to make terminal movements, it shall
also have on its rear a headlight that produces at least 200,000
candela. Each headlight shall be arranged to illuminate a person at
least 800 feet ahead and in front of the headlight. For purposes of this
section, a headlight shall be comprised of either one or two lamps.
(1) If a locomotive is equipped with a single-lamp headlight, the
single lamp shall produce a peak intensity of at least 200,000 candela.
The following lamps meet the standard set forth in this paragraph
(a)(1): a single operative PAR-56, 200-watt, 30-volt lamp; or an
operative lamp of equivalent design and intensity.
(2) If a locomotive is equipped with a dual-lamp headlight, a peak
intensity of at least 200,000 candela shall be produced by the headlight
based either on a single lamp capable of individually producing the
required peak intensity or on the candela produced by the headlight with
both lamps illuminated. If both lamps are needed to produce the required
peak intensity, then both lamps in the headlight shall be operational.
The following lamps meet the standard set forth in this paragraph
(a)(2): a single operative PAR-56, 200-watt, 30-volt lamp; two operative
PAR-56, 350-watt, 75-volt lamps; or operative lamp(s) of equivalent
design and intensity.
(b) Each locomotive or locomotive consist used in yard service shall
have two headlights, one located on the front of the locomotive or
locomotive consist and one on its rear. Each headlight shall produce at
least 60,000 candela and shall be arranged to illuminate a person at
least 300 feet ahead and in front of the headlight.
(c) Headlights shall be provided with a device to dim the light.
(d) Effective December 31, 1997, each lead locomotive operated at a
speed
[[Page 406]]
greater than 20 miles per hour over one or more public highway-rail
crossings shall be equipped with operative auxiliary lights, in addition
to the headlight required by paragraph (a) or (b) of this section. A
locomotive equipped on March 6, 1996 with auxiliary lights in
conformance with Sec. 229.133 shall be deemed to conform to this
section until March 6, 2000. All locomotives in compliance with Sec.
229.133(c) shall be deemed to conform to this section. Auxiliary lights
shall be composed as follows:
(1) Two white auxiliary lights shall be placed at the front of the
locomotive to form a triangle with the headlight.
(i) The auxiliary lights shall be at least 36 inches above the top
of the rail, except on MU locomotives and control cab locomotives where
such placement would compromise the integrity of the car body or be
otherwise impractical. Auxiliary lights on such MU locomotives and
control cab locomotives shall be at least 24 inches above the top of the
rail.
(ii) The auxiliary lights shall be spaced at least 36 inches apart
if the vertical distance from the headlight to the horizontal axis of
the auxiliary lights is 60 inches or more.
(iii) The auxiliary lights shall be spaced at least 60 inches apart
if the vertical distance from the headlight to the horizontal axis of
the auxiliary lights is less than 60 inches.
(2) Each auxiliary light shall produce a peak intensity of at least
200,000 candela or shall produce at least 3,000 candela at an angle of
7.5 degrees and at least 400 candela at an angle of 20 degrees from the
centerline of the locomotive when the light is aimed parallel to the
tracks. Any of the following lamps meet the standard set forth in this
paragraph (d)(2): an operative PAR-56, 200-watt, 30-volt lamp; an
operative PAR-56, 350-watt, 75-volt lamp; or an operative lamp of
equivalent design and intensity.
(3) The auxiliary lights shall be focused horizontally within 15
degrees of the longitudinal centerline of the locomotive.
(e) Auxiliary lights required by paragraph (d) of this section may
be arranged
(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 minute and at most 180 flashes per minute,
(ii) the railroad's operating rules shall set a standard procedure
for use of flashing lights at public highway-rail grade crossings, and
(iii) the flashing feature may be activated automatically, but shall
be capable of manual activation and deactivation by the locomotive
engineer.
(f) Auxiliary lights required by paragraph (d) of this section shall
be continuously illuminated immediately prior to and during movement of
the locomotive, except as provided by railroad operating rules,
timetable or special instructions, unless such exception is disapproved
by FRA. A railroad may except use of auxiliary lights at a specific
public highway-rail grade crossing by designating that exception in the
railroad's operating rules, timetable, or a special order. Any exception
from use of auxiliary lights at a specific public grade crossing can be
disapproved for a stated cause by FRA's Associate Administrator for
Safety or any one of FRA's Regional Administrators, after investigation
by FRA and opportunity for response from the railroad.
(g) Movement of locomotives with defective auxiliary lights.
(1) A lead locomotive with only one failed auxiliary light must be
repaired or switched to a trailing position before departure from the
place where an initial terminal inspection is required for that train.
(2) A locomotive with only one auxiliary light that has failed after
departure from an initial terminal, must be repaired not later than the
next calendar inspection required by Sec. 229.21.
(3) A lead locomotive with two failed auxiliary lights may only
proceed to the next place where repairs can be made. This movement must
be consistent with Sec. 229.9.
(h) Any locomotive subject to Part 229, that was built before
December 31, 1948, and that is not used regularly in
[[Page 407]]
commuter or intercity passenger service, shall be considered historic
equipment and excepted from the requirements of paragraphs (d) through
(h) of this section.
[45 FR 21109, Mar. 31, 1980, as amended at 61 FR 8887, Mar. 6, 1996; 68
FR 49717, Aug. 19, 2003; 69 FR 12537, Mar. 16, 2004]
Sec. 229.127 Cab lights.
(a) Each locomotive shall have cab lights which will provide
sufficient illumination for the control instruments, meters, and gauges
to enable the engine crew to make accurate readings from their normal
positions in the cab. These lights shall be located, constructed, and
maintained so that light shines only on those parts requiring
illumination and does not interfere with the crew's vision of the track
and signals. Each controlling locomotive shall also have a conveniently
located light that can be readily turned on and off by the persons
operating the locomotive and that provides sufficient illumination for
them to read train orders and timetables.
(b) Cab passageways and compartments shall have adequate
illumination.
Sec. 229.129 Locomotive horn.
(a) Each lead locomotive shall be equipped with a locomotive horn
that produces a minimum sound level of 96 dB(A) and a maximum sound
level of 110 dB(A) at 100 feet forward of the locomotive in its
direction of travel. The locomotive horn shall be arranged so that it
can be conveniently operated from the engineer's usual position during
operation of the locomotive.
(b)(1) Each locomotive built on or after September 18, 2006 shall be
tested in accordance with this section to ensure that the horn installed
on such locomotive is in compliance with paragraph (a) of this section.
Locomotives built on or after September 18, 2006 may, however, be tested
in accordance with an acceptance sampling scheme such that there is a
probability of .05 or less of rejecting a lot with a proportion of
defectives equal to an AQL of 1% or less, as set forth in 7 CFR part 43.
(2) Each locomotive built before September 18, 2006 shall be tested
in accordance with this section before June 24, 2010 to ensure that the
horn installed on such locomotive is in compliance with paragraph (a) of
this section.
(3) Each remanufactured locomotive, as determined pursuant to Sec.
229.5 of this part, shall be tested in accordance with this section to
ensure that the horn installed on such locomotive is in compliance with
paragraph (a).
(4)(i) Except as provided in paragraph (b)(4)(ii) of this section,
each locomotive equipped with a replacement locomotive horn shall be
tested, in accordance with paragraph (c) of this section, before the
next two annual tests required by Sec. 229.27 of this part are
completed.
(ii) Locomotives that have already been tested individually or
through acceptance sampling, in accordance with paragraphs (b)(1),
(b)(2), or (b)(3) of this section, shall not be required to undergo
sound level testing when equipped with a replacement locomotive horn,
provided the replacement locomotive horn is of the same model as the
locomotive horn that was replaced and the mounting location and type of
mounting are the same.
(c) Testing of the locomotive horn sound level shall be in
accordance with the following requirements:
(1) A properly calibrated sound level meter shall be used that, at a
minimum, complies with the requirements of International
Electrotechnical Commission (IEC) Standard 61672-1 (2002-05) for a Class
2 instrument.
(2) An acoustic calibrator shall be used that, at a minimum,
complies with the requirements of IEC standard 60942 (1997-11) for a
Class 2 instrument.
(3) The manufacturer's instructions pertaining to mounting and
orienting the microphone; positioning of the observer; and periodic
factory recalibration shall be followed.
(4) A microphone windscreen shall be used and tripods or similar
microphone mountings shall be used that minimize interference with the
sound being measured.
(5) The test site shall be free of large reflective structures, such
as barriers, hills, billboards, tractor trailers or other large
vehicles, locomotives or rail cars on adjacent tracks, bridges or
[[Page 408]]
buildings, within 200 feet to the front and sides of the locomotive. The
locomotive shall be positioned on straight, level track.
(6) Measurements shall be taken only when ambient air temperature is
between 32 degrees and 104 degrees Fahrenheit inclusively; relative
humidity is between 20 percent and 95 percent inclusively; wind velocity
is not more than 12 miles per hour and there is no precipitation.
(7) With the exception of cab-mounted or low-mounted horns, the
microphone shall be located 100 feet forward of the front knuckle of the
locomotive, 15 feet above the top of the rail, at an angle no greater
than 20 degrees from the center line of the track, and oriented with
respect to the sound source according to the manufacturer's
recommendations. For cab-mounted and low-mounted horns, the microphone
shall be located 100 feet forward of the front knuckle of the
locomotive, four feet above the top of the rail, at an angle no greater
than 20 degrees from the center line of the track, and oriented with
respect to the sound source according to the manufacturer's
recommendations. The observer shall not stand between the microphone and
the horn.
(8) Background noise shall be minimal: the sound level at the test
site immediately before and after each horn sounding event shall be at
least 10 dB(A) below the level measured during the horn sounding.
(9) Measurement procedures. The sound level meter shall be set for
A-weighting with slow exponential response and shall be calibrated with
the acoustic calibrator immediately before and after compliance tests.
Any change in the before and after calibration levels shall be less than
0.5 dB. After the output from the locomotive horn system has reached a
stable level, the A-weighted equivalent sound level (slow response) for
a 10-second duration (LAeq, 10s) shall be obtained either directly using
an integrating-averaging sound level meter, or recorded once per second
and calculated indirectly. The arithmetic-average of a series of at
least six such 10-second duration readings shall be used to determine
compliance. The standard deviation of the readings shall be less than
1.5 dB.
(10) Written reports of locomotive horn testing required by this
part shall be made and shall reflect horn type; the date, place, and
manner of testing; and sound level measurements. These reports, which
shall be signed by the person who performs the test, shall be retained
by the railroad, at a location of its choice, until a subsequent
locomotive horn test is completed and shall be made available, upon
request, to FRA as provided by 49 U.S.C. 20107.
(d) This section does not apply to locomotives of rapid transit
operations which are otherwise subject to this part.
[71 FR 47666, Aug. 17, 2006]
Sec. 229.131 Sanders.
Except for MU locomotives, each locomotive shall be equipped with
operable sanders that deposit sand on each rail in front of the first
power operated wheel set in the direction of movement.
Sec. 229.133 Interim locomotive conspicuity measures--auxiliary
external lights.
(a) A locomotive at the head of a train or other movement is
authorized to be equipped with auxiliary external lights, additional to
the headlight required by Sec. 229.125, for the purpose of improved
conspicuity. A locomotive that is equipped with auxiliary external
lights in conformance with the specifications or performance standards
set forth in paragraph (b) of this section on the date of issuance of a
final rule that requires additional or other external lights on
locomotives for improved conspicuity, as required by section 202(u) of
the Federal Railroad Safety Act of 1970, shall be deemed to conform to
the requirements of the final rule for four years following the date of
issuance of that final rule.
(b) Each qualifying arrangement of auxiliary external lights shall
conform to one of the following descriptions:
(1) Ditch lights. (i) Ditch lights shall consist of two white
lights, each producing a steady beam of at least 200,000
[[Page 409]]
candela, placed at the front of the locomotive, at least 36 inches above
the top of the rail.
(ii) Ditch lights shall be spaced at least 36 inches apart if the
vertical distance from the headlight to the horizontal axis of the ditch
lights is 60 inches or more.
(iii) Ditch lights shall be spaced at least 60 inches apart if the
vertical distance from the headlight to the horizontal axis of the ditch
lights is less than 60 inches.
(iv) Ditch lights shall be focused horizontally within 45 degrees of
the longitudinal centerline of the locomotive.
(2) Strobe lights. (i) Strobe lights shall consist of two white
stroboscopic lights, each with ``effective intensity,'' as defined by
the Illuminating Engineering Society's Guide for Calculating the
Effective Intensity of Flashing Signal Lights (November 1964), of at
least 500 candela.
(ii) The flash rate of strobe lights shall be at least 40 flashes
per minute and at most 180 flashes per minute.
(iii) Strobe lights shall be placed at the front of the locomotive,
at least 48 inches apart, and at least 36 inches above the top of the
rail.
(3) Crossing lights. (i) Crossing lights shall consist of two white
lights, placed at 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 distance from the headlight to the horizontal axis of the ditch
lights is 60 inches or more.
(iii) Crossing lights shall be spaced at least 60 inches apart if
the vertical distance from the headlight to the horizontal axis of the
ditch lights is less than 60 inches.
(iv) Each crossing light shall produce at least 200,000 candela,
either steadily burning or alternately flashing.
(v) The flash rate of crossing lights shall be at least 40 flashes
per minute and at most 180 flashes per minute.
(vi) Crossing lights shall be focused horizontally within 15 degrees
of the longitudinal centerline of the locomotive.
(4) Oscillating light. (i) An oscillating light shall consist of:
(A) One steadily burning white light producing at least 200,000
candela in a moving beam that depicts a circle or a horizontal figure
``8'' to the front, about the longitudinal centerline of the locomotive;
or
(B) Two or more white lights producing at least 200,000 candela
each, at one location on the front of the locomotive, that flash
alternately with beams within five degrees horizontally to either side
of the longitudinal centerline of the locomotive.
(ii) An oscillating light may incorporate a device that
automatically extinguishes the white light if display of a light of
another color is required to protect the safety of railroad operations.
(c)(1) Any lead locomotive equipped with oscillating lights as
described in paragraph (b)(4) that were ordered for installation on that
locomotive prior to January 1, 1996, is considered in compliance with
Sec. 229.125(d) (1) through (3).
(2) Any lead locomotive equipped with strobe lights as described in
paragraph (b)(2) and operated at speeds no greater than 40 miles per
hour, is considered in compliance with Sec. 229.125(d) (1) through (3)
until the locomotive is retired or rebuilt, whichever comes first.
(3) Any lead locomotive equipped with two white auxiliary lights
spaced at least 44 inches apart on at least one axis which was equipped
with these auxiliary lights before May 30, 1994, will be considered in
compliance with Sec. 229.125(d) (1) through (3) until the locomotive is
retired or rebuilt, whichever comes first.
[58 FR 6902, Feb. 3, 1993, as amended at 59 FR 24963, May 13, 1994; 59
FR 39705, Aug. 4, 1994; 61 FR 8887, Mar. 6, 1996]
Sec. 229.135 Event recorders.
(a) Duty to equip and record. Except as provided in paragraphs (c)
and (d) of this section, a train operated faster than 30 miles per hour
shall have an in-service event recorder, of the type described in
paragraph (b) of this section, in the lead locomotive. The presence of
the event recorder shall be noted on Form FRA F6180-49A (by writing the
make and model of event recorder with which the locomotive is equipped)
[[Page 410]]
under the REMARKS section, except that an event recorder designed to
allow the locomotive to assume the lead position only if the recorder is
properly functioning is not required to have its presence noted on Form
FRA F6180-49A. For the purpose of this section, ``train'' includes a
locomotive or group of locomotives with or without cars. The duty to
equip the lead locomotive may be met with an event recorder located
elsewhere than the lead locomotive provided that such event recorder
monitors and records the required data as though it were located in the
lead locomotive. The event recorder shall record the most recent 48
hours of operation of the electrical system of the locomotive on which
it is installed.
(b) Equipment requirements. Event recorders shall monitor and record
data elements required by this paragraph with at least the accuracy
required of the indicators displaying any of the required elements to
the engineer.
(1) A lead locomotive originally ordered before October 1, 2006, and
placed in service before October 1, 2009, including a controlling remote
distributed power locomotive, a lead manned helper locomotive, a DMU
locomotive, and an MU locomotive, except as provided in paragraphs (c)
and (d) of this section, shall have an in-service event recorder that
records the following data elements:
(i) Train speed;
(ii) Selected direction of motion;
(iii) Time;
(iv) Distance;
(v) Throttle position;
(vi) Applications and operations of the train automatic air brake;
(vii) Applications and operations of the independent brake;
(viii) Applications and operations of the dynamic brake, if so
equipped; and
(ix) Cab signal aspect(s), if so equipped and in use.
(2) A locomotive originally manufactured before October 1, 2006, and
equipped with an event recorder that uses magnetic tape as its recording
medium shall have the recorder removed from service on or before October
1, 2009 and replaced with an event recorder with a certified crashworthy
event recorder memory module that meets the requirements of Appendix D
of this part and that records at least the same number of data elements
as the recorder it replaces.
(3) A lead locomotive, a lead manned helper locomotive, and a
controlling remotely distributed power locomotive, other than a DMU or
MU locomotive, originally ordered on or after October 1, 2006 or placed
in service on or after October 1, 2009, shall be equipped with an event
recorder with a certified crashworthy event recorder memory module that
meets the requirements of Appendix D of this part. The certified event
recorder memory module shall be mounted for its maximum protection.
(Although other mounting standards may meet this standard, an event
recorder memory module mounted behind and below the top of the collision
posts and above the platform level is deemed to be mounted ``for its
maximum protection.'') The event recorder shall record, and the
certified crashworthy event recorder memory module shall retain, the
following data elements:
(i) Train speed;
(ii) Selected direction of motion;
(iii) Time;
(iv) Distance;
(v) Throttle position;
(vi) Applications and operations of the train automatic air brake,
including emergency applications. The system shall record, or provide a
means of determining, that a brake application or release resulted from
manipulation of brake controls at the position normally occupied by the
locomotive engineer. In the case of a brake application or release that
is responsive to a command originating from or executed by an on-board
computer (e.g., electronic braking system controller, locomotive
electronic control system, or train control computer), the system shall
record, or provide a means of determining, the involvement of any such
computer;
(vii) Applications and operations of the independent brake;
(viii) Applications and operations of the dynamic brake, if so
equipped;
(ix) Cab signal aspect(s), if so equipped and in use;
[[Page 411]]
(x) End-of-train (EOT) device loss of communication front to rear
and rear to front;
(xi) Electronic controlled pneumatic braking (ECP) message (and loss
of such message), if so equipped;
(xii) EOT armed, emergency brake command, emergency brake
application;
(xiii) Indication of EOT valve failure;
(xiv) EOT brake pipe pressure (EOT and ECP devices);
(xv) EOT marker light on/off;
(xvi) EOT ``low battery'' status;
(xvii) Position of on/off switch for headlights on lead locomotive;
(xviii) Position of on/off switch for auxiliary lights on lead
locomotive;
(xix) Horn control handle activation;
(xx) Locomotive number;
(xxi) Locomotive automatic brake valve cut in;
(xxii) Locomotive position in consist (lead or trail);
(xxiii) Tractive effort;
(xxiv) Cruise control on/off, if so equipped and in use; and
(xxv) Safety-critical train control data routed to the locomotive
engineer's display with which the engineer is required to comply,
specifically including text messages conveying mandatory directives, and
maximum authorized speed. The format, content, and proposed duration for
retention of such data shall be specified in the product safety plan
submitted for the train control system under subpart H of part 236 of
this chapter, subject to FRA approval under this paragraph. If it can be
calibrated against other data required by this part, such train control
data may, at the election of the railroad, be retained in a separate
certified crashworthy memory module.
(4) A DMU locomotive and an MU locomotive originally ordered on or
after October 1, 2006 or placed in service on or after October 1, 2009,
shall be equipped with an event recorder with a certified crashworthy
event recorder memory module that meets the requirements of Appendix D
of this part. The certified event recorder memory module shall be
mounted for its maximum protection. (Although other mounting standards
may meet this standard, an event recorder memory module mounted behind
the collision posts and above the platform level is deemed to be mounted
``for its maximum protection.'') The event recorder shall record, and
the certified crashworthy event recorder memory module shall retain, the
following data elements:
(i) Train speed;
(ii) Selected direction of motion;
(iii) Time;
(iv) Distance;
(v) Throttle position;
(vi) Applications and operations of the train automatic air brake,
including emergency applications. The system shall record, or provide a
means of determining, that a brake application or release resulted from
manipulation of brake controls at the position normally occupied by the
locomotive engineer. In the case of a brake application or release that
is responsive to a command originating from or executed by an on-board
computer (e.g., electronic braking system controller, locomotive
electronic control system, or train control computer), the system shall
record, or provide a means of determining, the involvement of any such
computer;
(vii) Applications and operations of the independent brake, if so
equipped;
(viii) Applications and operations of the dynamic brake, if so
equipped;
(ix) Cab signal aspect(s), if so equipped and in use;
(x) Emergency brake application(s);
(xi) Wheel slip/slide alarm activation (with a property-specific
minimum duration);
(xii) Lead locomotive headlight activation switch on/off;
(xiii) Lead locomotive auxiliary lights activation switch on/off;
(xiv) Horn control handle activation;
(xv) Locomotive number;
(xvi) Locomotive position in consist (lead or trail);
(xvii) Tractive effort;
(xviii) Brakes apply summary train line;
(xix) Brakes released summary train line;
(xx) Cruise control on/off, if so equipped and used; and
(xxi) Safety-critical train control data routed to the locomotive
engineer's display with which the engineer
[[Page 412]]
is required to comply, specifically including text messages conveying
mandatory directives, and maximum authorized speed. The format, content,
and proposed duration for retention of such data shall be specified in
the product safety plan submitted for the train control system under
subpart H of part 236 of this chapter, subject to FRA approval under
this paragraph. If it can be calibrated against other data required by
this part, such train control data may, at the election of the railroad,
be retained in a separate certified crashworthy memory module.
(5) A locomotive equipped with an event recorder that is
remanufactured, as defined in this part, on or after October 1, 2007,
shall be equipped with an event recorder with a certified crashworthy
event recorder memory module that meets the requirements of Appendix D
to this part and is capable of recording, at a minimum, the same data as
the recorder that was on the locomotive before it was remanufactured.
(6) An event recorder originally manufactured after January 1, 2010,
that is installed on any locomotive identified in paragraph (b)(1) of
this section shall be an event recorder with a certified crashworthy
event recorder memory module that meets the requirements of Appendix D
to this part and that is capable of recording, at a minimum, the same
data as the event recorder that was previously on the locomotive.
(c) Removal from service. Notwithstanding the duty established in
paragraph (a) of this section to equip certain locomotives with an in-
service event recorder, a railroad may remove an event recorder from
service and, if a railroad knows that an event recorder is not
monitoring or recording required data, shall remove the event recorder
from service. When a railroad removes an event recorder from service, a
qualified person shall record the date that the device was removed from
service on Form FRA F6180-49A, under the REMARKS section, unless the
event recorder is designed to allow the locomotive to assume the lead
position only if the recorder is properly functioning.
(d) Response to defective equipment. Notwithstanding the duty
established in paragraph (a) of this section to equip certain
locomotives with an in-service event recorder, a locomotive on which the
event recorder has been taken out of service as provided in paragraph
(c) of this section may remain as the lead locomotive only until the
next calendar-day inspection. A locomotive with an inoperative event
recorder is not deemed to be in improper condition, unsafe to operate,
or a non-complying locomotive under Sec. Sec. 229.7 and 229.9, and,
other than the requirements of Appendix D of this part, the inspection,
maintenance, and testing of event recorders are limited to the
requirements set forth in Sec. Sec. 229.25(e) and 229.27(d).
(e) Preserving accident data. If any locomotive equipped with an
event recorder, or any other locomotive-mounted recording device or
devices designed to record information concerning the functioning of a
locomotive or train, is involved in an accident/incident that is
required to be reported to FRA under part 225 of this chapter, the
railroad that was using the locomotive at the time of the accident
shall, to the extent possible, and to the extent consistent with the
safety of life and property, preserve the data recorded by each such
device for analysis by FRA. This preservation requirement permits the
railroad to extract and analyze such data, provided the original
downloaded data file, or an unanalyzed exact copy of it, shall be
retained in secure custody and shall not be utilized for analysis or any
other purpose except by direction of FRA or the National Transportation
Safety Board. This preservation requirement shall expire one (1) year
after the date of the accident unless FRA or the Board notifies the
railroad in writing that the data are desired for analysis.
(f) Relationship to other laws. Nothing in this section is intended
to alter the legal authority of law enforcement officials investigating
potential violation(s) of State criminal law(s), and nothing in this
chapter is intended to alter in any way the priority of National
Transportation Safety Board investigations under 49 U.S.C. 1131 and
1134, nor the authority of the Secretary of Transportation to
investigate railroad accidents under 49 U.S.C. 5121,
[[Page 413]]
5122, 20107, 20111, 20112, 20505, 20702, 20703, and 20902.
(g) Disabling event recorders. Except as provided in paragraph (c)
of this section, any individual who willfully disables an event recorder
is subject to civil penalty and to disqualification from performing
safety-sensitive functions on a railroad as provided in Sec. 218.55 of
this chapter, and any individual who tampers with or alters the data
recorded by such a device is subject to a civil penalty as provided in
appendix B of part 218 of this chapter and to disqualification from
performing safety-sensitive functions on a railroad if found unfit for
such duties under the procedures in part 209 of this chapter.
Sec. 229.137 Sanitation, general requirements.
(a) Sanitation compartment. Except as provided in paragraph (b) of
this section, all lead locomotives in use shall be equipped with a
sanitation compartment. Each sanitation compartment shall be:
(1) Adequately ventilated;
(2) Equipped with a door that:
(i) Closes, and
(ii) Possesses a modesty lock by [18 months after publication of the
final rule];
(3) Equipped with a toilet facility, as defined in this part;
(4) Equipped with a washing system, as defined in this part, unless
the railroad otherwise provides the washing system to employees upon
reporting for duty or occupying the cab for duty, or where the
locomotive is equipped with a stationary sink that is located outside of
the sanitation compartment;
(5) Equipped with toilet paper in sufficient quantity to meet
employee needs, unless the railroad otherwise provides toilet paper to
employees upon reporting for duty or occupying the cab for duty; and
(6) Equipped with a trash receptacle, unless the railroad otherwise
provides portable trash receptacles to employees upon reporting for duty
or occupying the cab for duty.
(b) Exceptions. (1) Paragraph (a) of this section shall not apply
to:
(i) Locomotives engaged in commuter service or other short-haul
passenger service and commuter work trains on which employees have ready
access to railroad-provided sanitation facilities outside of the
locomotive or elsewhere on the train, that meet otherwise applicable
sanitation standards, at frequent intervals during the course of their
work shift;
(ii) Locomotives engaged in switching service on which employees
have ready access to railroad-provided sanitation facilities outside of
the locomotive, that meet otherwise applicable sanitation standards, at
frequent intervals during the course of their work shift;
(iii) Locomotives engaged in transfer service on which employees
have ready access to railroad-provided sanitation facilities outside of
the locomotive, that meet otherwise applicable sanitation standards, at
frequent intervals during the course of their work shift;
(iv) Locomotives of Class III railroads engaged in operations other
than switching service or transfer service, that are not equipped with a
sanitation compartment as of June 3, 2002. Where an unequipped
locomotive of a Class III railroad is engaged in operations other than
switching or transfer service, employees shall have ready access to
railroad-provided sanitation facilities outside of the locomotive that
meet otherwise applicable sanitation standards, at frequent intervals
during the course of their work shift, or the railroad shall arrange for
enroute access to such facilities;
(v) Locomotives of tourist, scenic, historic, or excursion railroad
operations, which are otherwise covered by this part because they are
not propelled by steam power and operate on the general railroad system
of transportation, but on which employees have ready access to railroad-
provided sanitation facilities outside of the locomotive, that meet
otherwise applicable sanitation standards, at frequent intervals during
the course of their work shift; and
(vi) Except as provided in Sec. 229.14 of this part, control cab
locomotives designed for passenger occupancy and used in intercity push-
pull service that are not equipped with sanitation facilities, where
employees have ready access to railroad-provided sanitation in
[[Page 414]]
other passenger cars on the train at frequent intervals during the
course of their work shift.
(2) Paragraph (a)(3) of this section shall not apply to:
(i) Locomotives of a Class I railroad which, prior to [the effective
date of this section], were equipped with a toilet facility in which
human waste falls via gravity to a holding tank where it is stored and
periodically emptied, which does not conform to the definition of toilet
facility set forth in this section. For these locomotives, the
requirements of this section pertaining to the type of toilet facilities
required shall be effective as these toilets become defective or are
replaced with conforming units, whichever occurs first. All other
requirements set forth in this section shall apply to these locomotives
as of June 3, 2002; and
(ii) With respect to the locomotives of a Class I railroad which,
prior to June 3, 2002, were equipped with a sanitation system other than
the units addressed by paragraph (b)(2)(i) of this section, that
contains and removes human waste by a method that does not conform with
the definition of toilet facility as set forth in this section, the
requirements of this section pertaining to the type of toilet facilities
shall apply on locomotives in use on July 1, 2003. However, the Class I
railroad subject to this exception shall not deliver locomotives with
such sanitation systems to other railroads for use, in the lead
position, during the time between June 3, 2002, and July 1, 2003. All
other requirements set forth in this section shall apply to the
locomotives of this Class I railroad as of June 3, 2002.
(c) Defective, unsanitary toilet facility; prohibition in lead
position. Except as provided in paragraphs (c)(1) through (5) of this
section, if the railroad determines during the daily inspection required
by Sec. 229.21 that a locomotive toilet facility is defective or is
unsanitary, or both, the railroad shall not use the locomotive in the
lead position. The railroad may continue to use a lead locomotive with a
toilet facility that is defective or unsanitary as of the daily
inspection only where all of the following conditions are met:
(1) The unsanitary or defective condition is discovered at a
location where there are no other suitable locomotives available for
use, ie., where it is not possible to switch another locomotive into the
lead position, or the location is not equipped to clean the sanitation
compartment if unsanitary or repair the toilet facility if defective;
(2) The locomotive, while noncompliant, did not pass through a
location where it could have been cleaned if unsanitary, repaired if
defective, or switched with another compliant locomotive, since its last
daily inspection required by this part;
(3) Upon reasonable request of a locomotive crewmember operating a
locomotive with a defective or unsanitary toilet facility, the railroad
arranges for access to a toilet facility outside the locomotive that
meets otherwise applicable sanitation standards;
(4) If the sanitation compartment is unsanitary, the sanitation
compartment door shall be closed and adequate ventilation shall be
provided in the cab so that it is habitable; and
(5) The locomotive shall not continue in service in the lead
position beyond a location where the defective or unsanitary condition
can be corrected or replaced with another compliant locomotive, or the
next daily inspection required by this part, whichever occurs first.
(d) Defective, unsanitary toilet facility; use in trailing position.
If the railroad determines during the daily inspection required by Sec.
229.21 that a locomotive toilet facility is defective or is unsanitary,
or both, the railroad may use the locomotive in trailing position. If
the railroad places the locomotive in trailing position, they shall not
haul employees in the unit unless the sanitation compartment is made
sanitary prior to occupancy. If the toilet facility is defective and the
unit becomes occupied, the railroad shall clearly mark the defective
toilet facility as unavailable for use.
(e) Defective, sanitary toilet facility; use in switching, transfer
service. If the railroad determines during the daily inspection required
by Sec. 229.21 that a locomotive toilet facility is defective, but
sanitary, the railroad may use the locomotive in switching service, as
set
[[Page 415]]
forth in paragraph (b)(1)(ii) of this section, or in transfer service,
as set forth in paragraph (b)(1)(iii) of this section for a period not
to exceed 10 days. In this instance, the railroad shall clearly mark the
defective toilet facility as unavailable for use. After expiration of
the 10-day period, the locomotive shall be repaired or used in the
trailing position.
(f) Lack of toilet paper, washing system, trash receptacle. If the
railroad determines during the daily inspection required by Sec. 229.21
that the lead locomotive is not equipped with toilet paper in sufficient
quantity to meet employee needs, or a washing system as required by
paragraph (a)(4) of this section, or a trash receptacle as required by
paragraph (a)(6) of this section, the locomotive shall be equipped with
these items prior to departure.
(g) Inadequate ventilation. If the railroad determines during the
daily inspection required by Sec. 229.21 that the sanitation
compartment of the lead locomotive in use is not adequately ventilated
as required by paragraph (a)(1) of this section, the railroad shall
repair the ventilation prior to departure, or place the locomotive in
trailing position, in switching service as set forth in paragraph
(b)(1)(ii) of this section, or in transfer service as set forth in
paragraph (b)(1)(iii) of this section.
(h) Door closure and modesty lock. If the railroad determines during
the daily inspection required by Sec. 229.21 that the sanitation
compartment on the lead locomotive is not equipped with a door that
closes, as required by paragraph (a)(2)(i) of this section, the railroad
shall repair the door prior to departure, or place the locomotive in
trailing position, in switching service as set forth in paragraph
(b)(1)(ii) of this section, or in transfer service as set forth in
paragraph (b)(1)(iii) of this section. If the railroad determines during
the daily inspection required by Sec. 229.21 that the modesty lock
required by paragraph (a)(2)(ii) of this section is defective, the
modesty lock shall be repaired pursuant to the requirements of Sec.
229.139(e).
(i) Equipped units; retention and maintenance. Except where a
railroad downgrades a locomotive to service in which it will never be
occupied, where a locomotive is equipped with a toilet facility as of
[the effective date of the final rule], the railroad shall retain and
maintain the toilet facility in the locomotive consistent with the
requirements of this part, including locomotives used in switching
service pursuant to paragraph (b)(1)(ii) of this section, and in
transfer service pursuant to paragraph (b)(1)(iii) of this section.
(j) Newly manufactured units; in-cab facilities. All locomotives
manufactured after June 3, 2002, except switching units built
exclusively for switching service and locomotives built exclusively for
commuter service, shall be equipped with a sanitation compartment
accessible to cab employees without exiting to the out-of-doors for use.
No railroad may use a locomotive built after June 3, 2002, that does not
comply with this subsection.
(k) Potable water. The railroad shall utilize potable water where
the washing system includes the use of water.
[67 16050, Apr. 4, 2002]
Sec. 229.139 Sanitation, servicing requirements.
(a) The sanitation compartment of each lead locomotive in use shall
be sanitary.
(b) All components required by Sec. 229.137(a) for the lead
locomotive in use shall be present consistent with the requirements of
this part, and shall operate as intended such that:
(1) All mechanical systems shall function;
(2) Water shall be present in sufficient quantity to permit
flushing;
(3) For those systems that utilize chemicals for treatment, the
chemical (chlorine or other comparable oxidizing agent) used to treat
waste must be present; and
(4) No blockage is present that prevents waste from evacuating the
bowl.
(c) The sanitation compartment of each occupied locomotive used in
switching service pursuant to Sec. 229.137(b)(1)(ii), in transfer
service pursuant to Sec. 229.137(b)(1)(iii), or in a trailing position
when the locomotive is occupied, shall be sanitary.
(d) Where the railroad uses a locomotive pursuant to Sec.
229.137(e) in switching or transfer service with a defective toilet
facility, such use shall
[[Page 416]]
not exceed 10 calendar days from the date on which the defective toilet
facility became defective. The date on which the toilet facility becomes
defective shall be entered on the daily inspection report.
(e) Where it is determined that the modesty lock required by Sec.
229.137(a)(2) is defective, the railroad shall repair the modesty lock
on or before the next 92-day inspection required by this part.
[67 16050, Apr. 4, 2002]
Subpart D_Locomotive Crashworthiness Design Requirements
Sec. 229.141 Body structure, MU locomotives.
(a) MU locomotives built new after April 1, 1956 that are operated
in trains having a total empty weight of 600,000 pounds or more shall
have a body structure designed to meet or exceed the following minimum
specifications:
(1) The body structure shall resist a minimum static end load of
800,000 pounds at the rear draft stops ahead of the bolster on the
center line of draft, without developing any permanent deformation in
any member of the body structure.
(2) An anti-climbing arrangement shall be applied at each end that
is designed so that coupled MU locomotives under full compression shall
mate in a manner that will resist one locomotive from climbing the
other. This arrangement shall resist a vertical load of 100,000 pounds
without exceeding the yield point of its various parts or its
attachments to the body structure.
(3) The coupler carrier and its connections to the body structure
shall be designed to resist a vertical downward thrust from the coupler
shank of 100,000 pounds for any horizontal position of the coupler,
without exceeding the yield points of the materials used. When yielding
type of coupler carrier is used, an auxiliary arrangement shall be
provided that complies with these requirements.
(4) The outside end of each locomotive shall be provided with two
main vertical members, one at each side of the diaphragm opening; each
main member shall have an ultimate shear value of not less than 300,000
pounds at a point even with the top of the underframe member to which it
is attached. The attachment of these members at bottom shall be
sufficient to develop their full shear value. If reinforcement is used
to provide the shear value, the reinforcement shall have full value for
a distance of 18 inches up from the underframe connection and then taper
to a point approximately 30 inches above the underframe connection.
(5) The strength of the means of locking the truck to the body shall
be at least the equivalent of an ultimate shear value of 250,000 pounds.
(6) On or after November 8, 1999, paragraph (a)(1) of this section
does not apply to ``passenger equipment'' as defined in Sec. 238.5 of
this chapter, unless such equipment is excluded from the requirements of
Sec. Sec. 238.203 through 238.219, and Sec. 238.223 of this chapter by
operation of Sec. 238.201(a)(2) of this chapter. Paragraphs (a)(2)
through (a)(4) of this section do not apply to ``passenger equipment''
as defined in Sec. 238.5 of this chapter that is placed in service for
the first time on or after September 8, 2000, unless such equipment is
excluded from the requirements of Sec. Sec. 238.203 through 238.219,
and Sec. 238.223 of this chapter by operation of Sec. 238.201(a)(2) of
this chapter.
(b) MU locomotives built new after April 1, 1956 that are operated
in trains having a total empty weight of less than 600,000 pounds shall
have a body structure designed to meet or exceed the following minimum
specifications:
(1) The body structure shall resist a minimum static end load of
400,000 pounds at the rear draft stops ahead of the bolster on the
center line of draft, without developing any permanent deformation in
any member of the body structure.
(2) An anti-climbing arrangement shall be applied at each end that
is designed so that coupled locomotives under full compression shall
mate in a manner that will resist one locomotive from climbing the
other. This arrangement shall resist a vertical load of 75,000 pounds
without exceeding the yield point of its various parts or its
attachments to the body structure.
[[Page 417]]
(3) The coupler carrier and its connections to the body structure
shall be designed to resist a vertical downward thrust from the coupled
shank of 75,000 pounds for any horizontal position of the coupler,
without exceeding the yield points of the materials used. When a
yielding type of coupler carrier is used, an auxiliary arrangement shall
be provided that complies with these requirements.
(4) The outside end of each MU locomotive shall be provided with two
main vertical members, one at each side of the diaphragm opening; each
main member shall have an ultimate shear value of not less than 200,000
pounds at a point even with the top of the underframe member to which it
is attached. The attachment of these members at bottom shall be
sufficient to develop their full shear value, the reinforcement shall
have full value for a distance of 18 inches up from the underframe
connection and then taper to a point approximately 30 inches above the
underframe connection.
(5) The strength of the means of locking the truck to the body shall
be at least the equivalent of an ultimate shear value of 250,000 pounds.
(6) On or after November 8, 1999, paragraph (a)(1) of this section
does not apply to ``passenger equipment'' as defined in Sec. 238.5 of
this chapter, unless such equipment is excluded from the requirements of
Sec. Sec. 238.203 through 238.219, and Sec. 238.223 of this chapter by
operation of Sec. 238.201(a)(2) of this chapter. Paragraphs (a)(2)
through (a)(4) of this section do not apply to ``passenger equipment''
as defined in Sec. 238.5 of this chapter that is placed in service for
the first time on or after September 8, 2000, unless such equipment is
excluded from the requirements of Sec. Sec. 238.203 through 238.219,
and Sec. 238.223 of this chapter by operation of Sec. 238.201(a)(2) of
this chapter.
[45 FR 21109, Mar. 31, 1980, as amended at 71 FR 36912, June 28, 2006]
Sec. 229.201 Purpose and scope.
(a) Purpose. The purpose of this subpart is to help protect
locomotive cab occupants in the event that a locomotive collides with
another locomotive or piece of on-track equipment, a shifted load on a
freight car on an adjacent parallel track, or a highway vehicle at a
highway-rail grade crossing.
(b) This subpart prescribes minimum crashworthiness standards for
locomotives. It also establishes the requirements for obtaining FRA
approval of: new locomotive crashworthiness design standards; changes to
FRA-approved locomotive crashworthiness design standards; and
alternative locomotive crashworthiness designs.
[71 FR 36912, June 28, 2006]
Sec. 229.203 Applicability.
(a) Except as provided in paragraphs (b) and (c) of this section,
this subpart applies to all locomotives manufactured or remanufactured
on or after January 1, 2009.
(b) Cab cars and power cars. The requirements of this subpart do not
apply to cab control cars, MU locomotives, DMU locomotives, and semi-
permanently coupled power cars that are subject to the design
requirements for such locomotives set forth in part 238 of this chapter.
(c) Locomotives used in designated service. Locomotives used in
designated service are exempt from the requirements of this subpart,
with the exception of Sec. 229.233 (minimum requirements for fuel tank
design), which remains applicable to such locomotives.
[71 FR 36912, June 28, 2006]
Sec. 229.205 General requirements.
(a) Each wide-nose locomotive used in occupied service must meet the
minimum crashworthiness performance requirements set forth in Appendix E
of this part. Compliance with those performance criteria must be
established by:
(1) Meeting an FRA-approved crashworthiness design standard
(including AAR S-580, Locomotive Crashworthiness Requirements). The
Director of the Federal Register approves incorporation by reference of
the AAR S-580 (revised July 2005), ``Locomotive Crashworthiness
Requirements,'' in this section in accordance with 5 U.S.C. 552(a) and 1
CFR part 51. You may obtain a copy of the incorporated standard from the
Association of American Railroads, 50 F Street NW, Washington, DC 20001.
You may inspect a copy of
[[Page 418]]
the incorporated standard at the Federal Railroad Administration, Docket
Clerk, 1120 Vermont Ave., NW Suite 7000, Washington, DC 20590 or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html;
(2) Meeting new design standards and changes to existing design
standards approved by FRA pursuant to Sec. 229.207; or
(3) Meeting an alternative crashworthiness design approved by FRA
pursuant to Sec. 229.209.
(b) A monocoque or semi-monocoque design locomotive must be designed
in accordance with the provisions of AAR S-580, applicable to those
types of locomotives, in accordance with Sec. Sec. 238.405(a), 238.409
and 238.411 of this chapter, or in accordance with a standard or design
approved by FRA as providing at least equivalent safety.
(c) A narrow-nose locomotive must be designed in accordance with the
provisions of AAR S-580, applicable to that type of locomotive
(notwithstanding any limitation of scope contained in that standard) or
in accordance with a standard or design approved by FRA as providing at
least equivalent safety.
[71 FR 36912, June 28, 2006]
Sec. 229.206 Design requirements.
Each locomotive used in occupied service must meet the minimum anti-
climber, emergency egress, emergency interior lighting, and interior
configuration design requirements set forth in AAR S-580 (incorporated
by reference, see Sec. 229.205).
[71 FR 36912, June 28, 2006]
Sec. 229.207 New locomotive crashworthiness design standards and
changes to existing FRA-approved locomotive crashworthiness design standards.
(a) General. The following procedures govern consideration and
action upon requests for FRA approval of new locomotive crashworthiness
design standards and changes to existing FRA-approved locomotive
crashworthiness design standards, including AAR S-580 (incorporated by
reference, see Sec. 229.205). Only a standards body which has adopted
an FRA-approved locomotive crashworthiness design standard may initiate
these procedures for FRA approval of changes to the standard.
(b) Petitions for FRA approval of new locomotive crashworthiness
design standards. Each petition for FRA approval of a locomotive
crashworthiness design standard must be titled ``Petition for FRA
Approval of a New Locomotive Crashworthiness Design Standard,'' must be
submitted to the Associate Administrator for Safety, Federal Railroad
Administration, 1120 Vermont Ave., NW., Mail Stop 25, Washington, DC
20590, and must contain the following:
(1) The name, title, address, telephone number and e-mail address of
the primary person to be contacted with regard to review of the
petition;
(2) The proposed locomotive design standard, in detail;
(3) The intended type of service for locomotives designed under the
proposed standard; and
(4) Appropriate data and analysis showing how the proposed design
standard either satisfies the requirements of Sec. 229.205 for the type
of locomotive design or provides at least an equivalent level of safety.
Types of data and analysis to be considered are described in Sec.
229.211(c)(1).
(c) Petitions for FRA approval of substantive changes to an FRA-
approved locomotive crashworthiness design standard. Each petition for
approval of a substantive change to an FRA-approved locomotive
crashworthiness design standard must be titled ``Petition for FRA
Approval of Changes to a Locomotive Crashworthiness Design Standard,''
must be submitted to the Associate Administrator for Safety, Federal
Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 25,
Washington, DC 20590, and must contain the following:
(1) The name, title, address, telephone number and e-mail address of
the primary person to be contacted with regard to review of the
petition;
(2) The proposed change, in detail;
[[Page 419]]
(3) The intended type of service for locomotives built with the
proposed change; and
(4) Appropriate data and analysis showing how the resulting standard
either satisfies the requirements for the type of locomotive set forth
in Sec. 229.205 or provides at least an equivalent level of safety.
Types of data and analysis to be considered are described in Sec.
229.211(c)(1).
(d) Petitions for FRA approval of non-substantive changes to the
existing FRA-approved crashworthiness design standards. (1) Each
petition for approval of a non-substantive change to an FRA-approved
locomotive crashworthiness design standard must be titled ``Petition for
FRA Approval of Non-substantive Changes to a Locomotive Crashworthiness
Design Standard,'' must be submitted to the Associate Administrator for
Safety, Federal Railroad Administration, 1120 Vermont Ave., NW, Mail
Stop 25, Washington, DC 20590, and must contain the following:
(i) The name, title, address, telephone number and e-mail address of
the primary person to be contacted with regard to review of the
petition;
(ii) The proposed change, in detail; and
(iii) Detailed explanation of how the proposed change results in a
non-substantive change to the existing FRA-approved crashworthiness
design standard.
(2) If FRA determines that the proposed change is substantive, FRA
will process the petition in accordance with paragraph (c) of this
section.
[71 FR 36912, June 28, 2006]
Sec. 229.209 Alternative locomotive crashworthiness designs.
(a) General. The following procedures govern consideration and
action upon requests for FRA approval of locomotive crashworthiness
designs which are not consistent with any FRA-approved locomotive
crashworthiness design standard.
(b) Petitions for FRA approval of alternative locomotive
crashworthiness designs. Each petition for FRA approval of an
alternative locomotive crashworthiness design must be titled ``Petition
for FRA Approval of Alternative Locomotive Crashworthiness Design,''
must be submitted to the Associate Administrator for Safety, Federal
Railroad Administration, 1120 Vermont Ave., NW, Mail Stop 25,
Washington, DC 20590, and must contain the following:
(1) The name, title, address, telephone number and e-mail address of
the primary person to be contacted with regard to review of the
petition;
(2) The proposed locomotive crashworthiness design, in detail;
(3) The intended type of service for locomotives built under the
proposed design; and
(4) Appropriate data and analysis showing how the design either
satisfies the requirements of Sec. 229.205 for the type of locomotive
or provides at least an equivalent level of safety. Types of data and
analysis to be considered are described in Sec. 229.211(c)(1).
[71 FR 36913, June 28, 2006]
Sec. 229.211 Processing of petitions.
(a) Federal Register notice. FRA will publish in the Federal
Register notice of receipt of each petition submitted under Sec. Sec.
229.207(b), 229.207(c), or 229.209.
(b) Comment. Not later than 60 days from the date of publication of
the notice in the Federal Register concerning a petition submitted under
Sec. Sec. 229.207(b), 229.207(c), or 229.209(b), any person may comment
on the petition.
(1) Each comment must set forth specifically the basis upon which it
is made, and contain a concise statement of the interest of the
commenter in the proceeding.
(2) Each comment must be submitted to the U.S. Department of
Transportation Central Docket Management System, Nassif Building, Room
PL-401, 400 Seventh Street, SW., Washington, DC 20590, and must contain
the assigned docket number which appeared in the Federal Register for
that proceeding. The form of such submission may be in written or
electronic form consistent with the standards and requirements
established by the Central Docket Management System and posted on its
Web site at http://dms.dot.gov.
(3) In the event FRA requires additional information to
appropriately
[[Page 420]]
consider the petition, FRA will conduct a hearing on the petition in
accordance with the procedures provided in Sec. 211.25 of this chapter.
(c) Disposition of petitions. (1) In order to determine compliance
with the performance criteria in Appendix E of this part, FRA will
consider proper documentation of competent engineering analysis, or
practical demonstrations, or both which may include validated computer
modeling, structural crush analysis, component testing, full scale crash
testing in a controlled environment, or any combination of the
foregoing, together with evidence of effective peer review.
(2) If FRA finds that the petition complies with the requirements of
this subpart and that the proposed change or new design standard
satisfies the requirements of Sec. 229.205 for the type of locomotive,
the petition will be granted, normally within 90 days of its receipt. If
the petition is neither granted nor denied within 90 days, the petition
remains pending for decision. FRA may attach special conditions to the
granting of the petition. Following the granting of a petition, FRA may
reopen consideration of the petition for cause stated. Any decision
granting or denying a petition is placed in the public docket for the
petition.
(3) If FRA finds that the petition does not comply with the
requirements of this subpart, or that the proposed change or new design
standard does not satisfy the performance criteria contained in Appendix
E of this part (where applicable), the petition will be denied, normally
within 90 days of its receipt. If the petition is neither granted nor
denied within 90 days, the petition remains pending for decision. FRA
may re-open a denial of a petition for cause stated.
(4) When FRA grants or denies a petition, or reopens consideration
of the petition, written notice will be sent to the petitioner and other
interested parties and a copy of the notice will be placed in the public
docket of this proceeding.
[71 FR 36913, June 28, 2006]
Sec. 229.213 Locomotive manufacturing information.
(a) Each railroad operating a locomotive subject to the requirements
of this subpart must retain the following information:
(1) The date upon which the locomotive was manufactured or
remanufactured;
(2) The name of the manufacturer or remanufacturer of the
locomotive; and
(3) The design specification to which the locomotive was
manufactured or remanufactured.
(b) The information required in paragraph (a) of this section must
be located permanently in the locomotive cab or be provided within two
business days upon request of FRA or an FRA-certified State inspector.
[71 FR 36914, June 28, 2006]
Sec. 229.215 Retention and inspection of designs.
(a) Retention of records--original designs. Each manufacturer or
remanufacturer of a locomotive subject to this subpart shall retain all
records of the original locomotive designs, including supporting
calculations and drawings, pertaining to crashworthiness features
required by this subpart. These records must be retained for the lesser
period of:
(1) The life of such locomotive, except that records for a
locomotive destroyed in a rail equipment accident/incident shall be
retained for at least 12 months following the accident/incident; or
(2) Twenty years after the date of manufacture or, if
remanufactured, twenty years after the date of remanufacture.
(b) Retention of records--repairs and modifications. Each owner or
lessee of a locomotive subject to this subpart shall retain all records
of repair or modification to crashworthiness features required by this
subpart. These records must be retained for the lesser period of:
(1) The life of such locomotive, except that records for a
locomotive destroyed in a rail equipment accident/incident shall be
retained for at least 12 months following the accident/incident, or
[[Page 421]]
(2) Twenty years after the date on which the repair or modification
was performed.
(c) Inspection of records. Each custodian of records referred to in
paragraphs (a) and (b) shall, upon request by FRA or an FRA-certified
State inspector, make available for inspection and duplication within 7
days, any records referred to in paragraphs (a) and (b) of this section.
(d) Third party storage of records. Each custodian of records
referred to in paragraphs (a) and (b) of this section may delegate
storage duties to a third party; however, the custodian retains all
responsibility for compliance with this section.
[71 FR 36914, June 28, 2006]
Sec. 229.217 Fuel tank.
(a) External fuel tanks. Locomotives equipped with external fuel
tanks shall, at a minimum, comply with the requirements of AAR S-5506,
``Performance Requirements for Diesel Electric Locomotive Fuel Tanks''
(October 1, 2001), except for section 4.4. This paragraph does not apply
to locomotives subject to the fuel tank safety requirements of Sec.
238.223 or Sec. 238.423 of this chapter. The Director of the Federal
Register approves incorporation by reference of the AAR S-5506,
``Performance Requirements for Diesel Electric Locomotive Fuel Tanks''
(October 1, 2001) in this section in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy of the incorporated standard from
the Association of American Railroads, 50 F Street NW., Washington, DC
20001. You may inspect a copy of the incorporated standard at the
Federal Railroad Administration, Docket Clerk, 1120 Vermont Ave., NW.
Suite 7000, Washington, DC 20590 or at the National Archives and Records
Administration (NARA). For more information on the availability of this
material at NARA, call 202-741-6030, or go to http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
(b) Internal fuel tanks. Locomotives equipped with internal fuel
tanks shall, at a minimum, comply with the requirements of Sec.
238.223(b) of this chapter.
[71 FR 36914, June 28, 2006]
Appendix A to Part 229--Form FRA 6180-49A
Editorial Note: Appendix A, published at 45 FR 21118, Mar. 31, 1980,
as part of the original document, is not carried in the CFR. Copies of
Form FRA F6180-49A are available by contacting the Federal Railroad
Administration, Office of Standards and Procedures, 400 7th St., SW.,
Washington, DC 20590.
Appendix B to Part 229--Schedule of Civil Penalties\1\
------------------------------------------------------------------------
Willful
Section Violation violation
------------------------------------------------------------------------
Subpart A--General
------------------------------------------------------------------------
229.7 Prohibited acts: Safety deficiencies $1,000-5,00 $2,000-7,50
not governed by specific regulations: To be 0 0
assessed on relevant facts...................
229.9 Movement of noncomplying locomotives.... (\1\) (\1\)
229.11 Locomotive identification.............. 1,000 2,000
229.13 Control of locomotives................. 2,500 5,000
229.17 Accident reports....................... 2,500 5,000
229.19 Prior Waivers.......................... (\1\) (\1\)
------------------------------------------------------------------------
Subpart B--Inspection and tests
------------------------------------------------------------------------
229.21 Daily inspection:
(a)(b):
(1) Inspection overdue................ 2,000 4,000
(2) Inspection report not made, 1,000 2,000
improperly executed, or not retained.
(c) Inspection not performed by a 1,000 2,000
qualified person.........................
229.23 Periodic inspection General
(a)(b):
(1) Inspection overdue................ 2,500 5,000
[[Page 422]]
(2) Inspection performed improperly or 2,500 5,000
at a location where the underneath
portion cannot be safely inspected...
(c)(d):
(1) Form missing...................... 1,000 2,000
(2) Form not properly displayed....... 1,000 2,000
(3) Form improperly executed.......... 1,000 2,000
(e) Replace Form FRA F 6180-49A by April 2 1,000 2,000
(f) Secondary record of the information 1,000 2,000
reported on Form FRA F 6180.49A..........
229.25
(a) through (e)(4) Tests: Every periodic 2,500 5,000
inspection.................................
(e)(5) Ineffective maintenance.............. 8,000 16,000
229.27 Annual tests........................... 2,500 5,000
229.29 Biennial tests......................... 2,500 5,000
229.31:
(a) Biennial hydrostatic tests of main 2,500 5,000
reservoirs...............................
(b) Biennial hammer tests of main 2,500 5,000
reservoirs...............................
(c) Drilled telltale holes in welded main 2,500 5,000
reservoirs...............................
(d) Biennial tests of aluminum main 2,500 5,000
reservoirs...............................
229.33 Out-of-use credit...................... 1,000 2,000
------------------------------------------------------------------------
Subpart C--Safety Requirements
------------------------------------------------------------------------
229.41 Protection against personal injury..... 2,500 5,000
229.43 Exhaust and battery gases.............. 2,500 5,000
229.45 General condition: To be assessed based 1,000-5,000 2,000-7,500
on relevant facts............................
229.46 Brakes: General........................ 2,500 5,000
229.47 Emergency brake valve.................. 2,500 5,000
229.49 Main reservoir system:
(a)(1) Main reservoir safety valve........ 2,500 5,000
(2) Pneumatically actuated control 2,500 5,000
reservoir................................
(b)(c) Main reservoir governors........... 2,500 5,000
229.51 Aluminum main reservoirs............... 2,500 5,000
229.53 Brake gauges........................... 2,500 5,000
229.55 Piston travel.......................... 2,500 5,000
229.57 Foundation brake gear.................. 2,500 5,000
229.59 Leakage................................ 2,500 5,000
229.61 Draft system........................... 2,500 5,000
229.63 Lateral motion......................... 2,500 5,000
229.64 Plain bearing.......................... 2,500 5,000
229.65 Spring rigging......................... 2,500 5,000
229.67 Trucks................................. 2,500 5,000
229.69 Side bearings.......................... 2,500 5,000
229.71 Clearance above top of rail............ 2,500 5,000
229.73 Wheel sets............................. 2,500 5,000
229.75 Wheel and tire defects:
(a),(d) Slid flat or shelled spot(s):
(1) One spot 2\1/2\ or more 2,500 5,000
but less than 3 in length.
(2) One spot 3 or more in 5,000 7,500
length...............................
(3) Two adjoining spots each of which 2,500 5,000
is 2 or more in length but
less than 2\1/2\ in length
(4) Two adjoining spots each of which 5,000 7,500
are at least 2 in length,
if either spot is 2\1/2\
or more in length....................
(b) Gouge or chip in flange of:
(1) more than 1\1/2\ but 2,500 5,000
less than 1\5/8\ in
length; and more than \1/2\ but less than \5/8\ in
width................................
(2) 1\5/8\ or more in 5,000 7,500
length and \5/8\ or more
in width.............................
(c) Broken rim............................ 5,000 7,500
(e) Seam in tread......................... 2,500 5,000
(f) Flange thickness of:
(1) \7/8\ or less but more 2,500 5,000
than \13/16\..............
(2) \13/16\ or less........ 5,000 7,500
(g) Tread worn hollow..................... 2,500 5,000
(h) Flange height of:
(1) 1\1/2\ or greater but 2,500 5,000
less than 1\5/8\..........
(2) 1\5/8\ or more......... 5,000 7,000
(i) Tire thickness........................ 2,500 5,000
(j) Rim thickness:
(1) Less than 1 in road 2,500 5,000
service and \3/4\ in yard
service..............................
(2) \15/16\ or less in road 5,000 7,500
service and \11/16\ in
yard service.........................
(k) Crack of less than 1....... 5,000 7,500
(1) Crack of less than 1... 2,500 5,000
(2) Crack of 1 or more..... 5,000 7,500
(3) Break............................. 5,000 7,500
[[Page 423]]
(l) Loose wheel or tire................... 5,000 7,500
(m) Welded wheel or tire.................. 5,000 7,500
229.77 Current collectors..................... 2,500 5,000
229.79 Third rail shoes and beams............. 2,000 4,000
229.81 Emergency pole; shoe insulation........ 2,500 5,000
229.83 Insulation or grounding................ 5,000 7,500
229.85 Door and cover plates marked ``Danger'' 2,500 5,000
229.87 Hand operated switches................. 2,500 5,000
229.89 Jumpers; cable connections:
(a) Jumpers and cable connections; located 2,500 5,000
and guarded..............................
(b) Condition of jumpers and cable 2,500 5,000
connections..............................
229.91 Motors and generators.................. 2,500 5,000
229.93 Safety cut-off device.................. 2,500 5,000
229.95 Venting................................ 2,500 5,000
229.97 Grounding fuel tanks................... 2,500 5,000
229.99 Safety hangers......................... 2,500 5,000
229.101 Engines:
(a) Temperature and pressure alarms, 2,500 5,000
controls, and switches...................
(b) Warning notice........................ 2,500 5,000
(c) Wheel slip/slide protection........... 2,500 5,000
229.103 Safe working pressure; factor of 2,500 5,000
safety.......................................
229.105 Steam generator number................ 500 1,000
229.107 Pressure gauge........................ 2,500 5,000
229.109 Safety valves......................... 2,500 5,000
229.111 Water-flow indicator.................. 2,500 5,000
229.113 Warning notice........................ 2,500 5,000
229.115 Slip/slide alarms..................... 2,500 5,000
229.117 Speed indicators...................... 2,500 5,000
229.119 Cabs, floors, and passageways:
(a)(1) Cab set not securely mounted or 2,500 5,000
braced...................................
(2) Insecure or improper latching 2,500 5,000
device...............................
(b) Cab windows of lead locomotive........ 2,500 5,000
(c) Floors, passageways, and compartments. 2,500 5,000
(d) Ventilation and heating arrangement... 2,500 5,000
(e) Continuous barrier.................... 2,500 5,000
(f) Containers for fuses and torpedoes.... 2,500 5,000
229.121 Locomotive cab noise.................. 2,500 5,000
229.123 Pilots, snowplows, end plates......... 2,500 5,000
229.125
(a) Headlights.............................. 2,500 5,000
(d) Auxiliary lights........................ 2,500 5,000
229.127 Cab lights............................ 2,500 5,000
229.129 Locomotive horn:
(a) Prescribed sound levels................... 2,500 5,000
Arrangement of horn....................... 2,500 5,000
(b) Failure to perform sound level test....... 2,500 5,000
(c) Sound level test improperly performed..... 2,500 5,000
Record of sound level test improperly 1,000 4,000
executed, or not retained................
229.131 Sanders............................... 1,000 2,000
229.135 Event Recorders:
(a) Lead locomotive without in-service event 2,500 5,000
recorder...................................
(b) Failure to meet equipment requirements.. 2,500 5,000
(c) Unauthorized removal or failure to 2,500 5,000
remove from service........................
(d) Improper response to out of service 2,500 5,000
event recorder.............................
(e) Failure to preserve data or unauthorized 2,500 5,000
extraction of data.........................
(g) Tampering with device or data........... 2,500 5,000
229.141 Body structure, MU locomotives........ 2,500 5,000
229.137 Sanitation, general:
(a) Sanitation compartment in lead unit, $5,000 $10,000
complete failure to provide required
items....................................
(1) Ventilation....................... 2,500 5,000
(2) Door missing...................... 2,000 4,000
(2)(i) Door doesn't close............. 1,000 2,000
(2)(ii) No modesty lock............... 1,000 2,000
(3) Not equipped with toilet in lead.. 5,000 10,000
(4) Not equipped with washing system.. 1,000 2,000
(5) Lack of paper..................... 1,000 2,000
(6) Lack of trash receptacle.......... 1,000 2,000
(b) Exceptions:
(1)(i) Commuter service, failure to 2,500 5,000
meet conditions of exception.........
(1)(ii) Switching service, failure to 2,500 5,000
meet conditions of exception.........
(1)(iii) Transfer service, failure to 2,500 5,000
meet conditions of exception.........
(1)(iv) Class III, failure to meet 2,500 5,000
conditions of exception..............
(1)(v) Tourist, failure to meet 2,500 5,000
conditions of exception..............
[[Page 424]]
(1)(vi) Control cab locomotive, 2,500 5,000
failure to meet conditions of
exception............................
(2) Noncompliant toilet............... 5,000 10,000
(c) Defective/unsanitary toilet in lead 2,500 5,000
unit.....................................
(1-5) Failure to meet conditions of 2,500 5,000
exception............................
(d) Defective/unsanitary unit; failure to 2,500 5,000
meet conditions for trailing position....
(e) Defective/sanitary unit; failure to 2,500 5,000
meet conditions for switching/transfer
service..................................
(f) Paper, washing, trash holder; failure 2,500 5,000
to equip prior to departure..............
(g) Inadequate ventilation; failure to 2,500 5,000
repair or move prior to departure........
(h) Door closure/modesty lock; failure to 1,000 2,000
repair or move...........................
(i) Failure to retain/maintain of equipped 2,500 5,000
units....................................
(j) Failure to equip new units/in-cab 2,500 5,000
facility.................................
(k) Failure to provide potable water...... 2,500 5,000
229.139 Servicing requirements:
(a) Lead occupied unit not sanitary....... 2,500 5,000
(b) Components not present/operating...... 2,500 5,000
(c) Occupied unit in switching, transfer 2,500 5,000
service, in trailing position not
sanitary.................................
(d) Defective unit used more than 10 days. 2,500 5,000
(e) Failure to repair defective modesty 1,000 2,000
lock.....................................
Subpart D--Locomotive Crashworthiness Design Requirements
------------------------------------------------------------------------
229.205 General requirements:.................
(a)(1) Wide-nose locomotive not designed $5,000 $7,500
in compliance with AAR S-580-2005........
(2) Wide-nose locomotive not designed 5,000 7,500
in compliance with new approved
design standard......................
(3) Wide-nose locomotive not designed 5,000 7,500
in compliance with alternate approved
design standard......................
(b) Monocoque or semi-monocoque locomotive 5,000 7,500
not in compliance with design
requirements.............................
(c) Narrow-nose not in compliance with 5,000 7,500
design requirements......................
229.206 Design requirements:
Locomotive fails to meet--
(1) Emergency egress requirements..... 2,500 5,000
(2) Emergency interior lighting 2,500 5,000
requirements.........................
(3) Interior configuration 2,500 5,000
requirements.........................
229.213 Locomotive manufacturing information:
(a) Failure to retain required information 2,500 5,000
(b) Failure to produce required 2,500 5,000
information..............................
229.215 Retention and inspection of designs:
(a) Failure to retain required design 2,500 5,000
records..................................
(b) Failure to retain required repair or 2,500 5,000
modification records.....................
(c) Failure to make records available when 2,500 5,000
requested................................
229.217 Fuel tank:
(a) External fuel tank.................... 5,000 7,500
(b) Internal fuel tank.................... 5,000 7,500
------------------------------------------------------------------------
\1\ A penalty may be assessed against an individual only for a willful
violation. Generally, when two or more violations of these regulations
are discovered with respect to a single locomotive that is used by a
railroad, the appropriate penalties set forth above are aggregated up
to a maximum of $10,000 per day. However, a failure to perform, with
respect to a particular locomotive, any of the inspections and tests
required under subpart B of this part will be treated as a violation
separate and distinct from, and in addition to, any substantive
violative conditions found on that locomotive. Moreover, the
Administrator reserves the right to assess a penalty of up to $27,000
for any violation where circumstances warrant. See 49 CFR part 209,
appendix A.
Failure to observe any condition for movement set forth in Sec. 229.9
will deprive the railroad of the benefit of the movement-for-repair
provision and make the railroad and any responsible individuals liable
for penalty under the particular regulatory section(s) concerning the
substantive defect(s) present on the locomotive at the time of
movement. Failure to comply with Sec. 229.19 will result in the
lapse of any affected waiver.
[53 FR 52931, Dec. 29, 1988, as amended at 58 FR 36615, July 8, 1993; 61
FR 8888, Mar. 6, 1996; 63 FR 11622, Mar. 10, 199867 FR 16052, Apr. 4,
2002; 69 FR 30594, May 28, 2004; 70 FR 21920, Apr. 27, 2005; 70 FR
37942, June 30, 2005; 71 FR 36915, June 28, 2006; 71 FR 47667, Aug. 17,
2006]
Appendix C to Part 229--FRA Locomotive Standards--Code of Defects
Editorial Note: Appendix C, published at 45 FR 21121, Mar. 31, 1980,
as part of the original document, is not carried in the CFR.
Appendix D to Part 229--Criteria for Certification of Crashworthy Event
Recorder Memory Module
Section 229.135(b) requires that certain locomotives be equipped
with an event recorder that includes a certified crashworthy event
recorder memory module. This appendix prescribes the requirements for
certifying an event recorder memory module
[[Page 425]]
(ERMM) as crashworthy, including the performance criteria and test
sequence for establishing the crashworthiness of the ERMM as well as the
marking of the event recorder containing the crashworthy ERMM.
A. General Requirements
1. Each manufacturer that represents its ERMM as crashworthy shall,
by marking it as specified in Section B of this appendix, certify that
the ERMM meets the performance criteria contained in this appendix and
that test verification data are available to a railroad or to FRA upon
request.
2. The test verification data shall contain, at a minimum, all
pertinent original data logs and documentation that the test sample
preparation, test set up, test measuring devices and test procedures
were performed by designated, qualified personnel using recognized and
acceptable practices. Test verification data shall be retained by the
manufacturer or its successor as long as the specific model of ERMM
remains in service on any locomotive.
3. A crashworthy ERMM shall be marked by its manufacturer as
specified in Section B of this appendix.
B. Marking Requirements
1. The outer surface of the event recorder containing a certified
crashworthy ERMM shall be colored international orange. In addition, the
outer surface shall be inscribed, on the surface allowing the most
visible area, in black letters on an international orange background,
using the largest type size that can be accommodated, with the words
CERTIFIED DOT CRASHWORTHY, followed by the ERMM model number (or other
such designation), and the name of the manufacturer of the event
recorder. This information may be displayed as follows:
CERTIFIED DOT CRASHWORTHY
Event Recorder Memory Module Model Number
Manufacturer's Name
Marking ``CERTIFIED DOT CRASHWORTHY'' on an event recorder designed for
installation in a railroad locomotive is the certification that all
performance criteria contained in this appendix have been met and all
functions performed by, or on behalf of, the manufacturer whose name
appears as part of the marking, conform to the requirements specified in
this appendix.
2. Retro-reflective material shall be applied to the edges of each
visible external surface of an event recorder containing a certified
crashworthy ERMM.
C. Performance Criteria for the ERMM
An ERMM is crashworthy if it has been successfully tested for
survival under conditions of fire, impact shock, static crush, fluid
immersion, and hydro-static pressure contained in one of the two tables
shown in this section of Appendix D. (See Tables 1 and 2.) Each ERMM
must meet the individual performance criteria in the sequence
established in Section D of this appendix. A performance criterion is
deemed to be met if, after undergoing a test established in this
Appendix D for that criterion, the ERMM has preserved all of the data
stored in it. The data set stored in the ERMM to be tested shall include
all the recording elements required by Sec. 229.135(b). The following
tables describe alternative performance criteria that may be used when
testing an ERMM's crashworthiness. A manufacturer may utilize either
table during its testing but may not combine the criteria contained in
the two tables.
Table 1--Acceptable Performance Criteria--Option A
----------------------------------------------------------------------------------------------------------------
Parameter Value Duration Remarks
----------------------------------------------------------------------------------------------------------------
Fire, High Temperature............... 750 [deg]C (1400 60 minutes............. Heat source: Oven.
[deg]F).
Fire, Low Temperature................ 260 [deg]C (500 [deg]F) 10 hours...............
Impact Shock......................... 55g.................... 100 ms................. \1/2\ sine crash pulse.
Static Crush......................... 110kN (25,000 lbf)..... 5 minutes.
Fluid Immersion...................... 1 Diesel, Any single fluid, 48
2 Diesel, hours.
Water, Salt Water,
Lube Oil.
Fire Fighting Fluid.... 10 minutes, following Immersion followed by
immersion above. 48 hours in a dry
location without
further disturbance.
Hydrostatic Pressure................. Depth equivalent = 15 48 hours at nominal
m. (50 ft.). temperature of 25
[deg]C (77 [deg]F).
----------------------------------------------------------------------------------------------------------------
Table 2--Acceptable Performance Criteria--Option B
----------------------------------------------------------------------------------------------------------------
Parameter Value Duration Remarks
----------------------------------------------------------------------------------------------------------------
Fire, High Temperature............... 1000 [deg]C (1832 60 minutes............. Heat source: Open
[deg]F). flame.
Fire, Low Temperature................ 260 [deg]C (500 [deg]F) 10 hours............... Heat source: Oven.
Impact Shock--Option 1............... 23gs................... 250 ms.................
Impact Shock--Option 2............... 55gs................... 100 ms................. \1/2\ sine crash pulse.
[[Page 426]]
Static Crush......................... 111.2kN (25,000 lbf)... 5 minutes. .......................
44.5kN (10,000 lbf).... (single ``squeeze'')... Applied to 25% of
surface of largest
face.
Fluid Immersion...................... 1 Diesel, 48 hours each.
2 Diesel,
Water, Salt Water,
Lube Oil, Fire
Fighting Fluid.
Hydrostatic Pressure................. 46.62 psig (= 30.5 m. 48 hours at nominal
or 100 ft.). temperature of 25
[deg]C (77 [deg]F).
----------------------------------------------------------------------------------------------------------------
D. Testing Sequence
In order to reasonably duplicate the conditions an event recorder
may encounter, the ERMM shall meet the various performance criteria,
described in Section C of this appendix, in a set sequence. (See Figure
1). If all tests are done in the set sequence (single branch testing),
the same ERMM must be utilized throughout. If a manufacturer opts for
split branch testing, each branch of the test must be conducted using an
ERMM of the same design type as used for the other branch. Both
alternatives are deemed equivalent, and the choice of single branch
testing or split branch testing may be determined by the party
representing that the ERMM meets the standard.
[GRAPHIC] [TIFF OMITTED] TR30JN05.002
E. Testing Exception
If a new model ERMM represents an evolution or upgrade from an older
model ERMM that was previously tested and certified as meeting the
performance criteria contained in Section C of this appendix, the new
model ERMM need only be tested for compliance with those performance
criteria contained in Section C of this appendix that are potentially
affected by the upgrade or modification. FRA will consider a performance
criterion not to be potentially affected if a preliminary engineering
analysis or other pertinent data establishes that the modification or
upgrade will not change the performance of the older model ERMM against
the performance criterion in question. The manufacturer shall retain and
make available to FRA upon request any
[[Page 427]]
analysis or data relied upon to satisfy the requirements of this
paragraph to sustain an exception from testing.
[70 FR 37942, June 30, 2005]
Appendix E to Part 229--Performance Criteria for Locomotive
Crashworthiness
This appendix provides performance criteria for the crashworthiness
evaluation of alternative locomotive designs, and design standards for
wide-nosed locomotives and any for other locomotive, except monocoque/
semi-monocoque design locomotives and narrow-nose design locomotives.
Each of the following criteria describes a collision scenario and a
given performance measure for protection provided to cab occupants,
normally through structural design. Demonstration that these performance
criteria have been satisfied may be accomplished through any of the
methods described in Sec. 229.205. This performance criteria is
intended to prevent intrusion into the cab seating area occupied by
crews. This excludes inner and outer vestibule areas.
(a) Front end structure (collision posts).--(1) Objective. The front
end structure of the locomotive must withstand a frontal impact with a
proxy object which is intended to simulate lading carried by a heavy
highway vehicle (see figure 1).
(2) Proxy object characteristics and orientation. The proxy object
must have the following characteristics: Cylindrical shape; 48-inch
diameter; 126-inch length; 65,000 pound minimum weight; and uniform
density. The longitudinal axis of the proxy object must be oriented
horizontally perpendicular to the longitudinal axis of the locomotive.
(3) Impact and result. The front end structure of the locomotive
must withstand a 30-mph impact with the proxy object resulting in no
more than 24 inches of crush along the longitudinal axis of the
locomotive, measured from the foremost point on the collision post, and
with no more than 12 inches of intrusion into the cab. The center of
impact must be 30 inches above the top of the locomotive underframe
along the longitudinal centerline of the locomotive.
[[Page 428]]
[GRAPHIC] [TIFF OMITTED] TR28JN06.004
(b) Front end structure (short hood)
(1) Objective. The front end structure of the locomotive must
withstand an oblique impact with a proxy object intended to simulate an
intermodal container offset from a freight car on an adjacent parallel
track (see figure 2).
(2) Proxy object characteristics and orientation. The proxy object
must have the following characteristics: Block shape; 36-inch width; 60-
inch height; 108-inch length; corners having 3-inch radii corners;
65,000 pound minimum weight; and uniform density. The longitudinal axis
of the proxy object must be oriented parallel to the longitudinal axis
of the locomotive. At impact, the proxy object must be oriented such
that there are 12 inches of lateral overlap and 30 inches from the
bottom of the proxy object to the top of the locomotive underframe.
(3) Impact and results. The front end structure of the locomotive
must withstand a 30-mph impact with the proxy object resulting in no
more than 60 inches of crush along the longitudinal axis of the
locomotive, measured from the first point of contact on the short hood
post, and with no more than 12 inches of intrusion into the cab.
[[Page 429]]
[GRAPHIC] [TIFF OMITTED] TR28JN06.005
[71 FR 36915, June 28, 2006]