[Title 49 CFR 229.5]
[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]
[Subpart A - General]
[Sec. 229.5 - Definitions.]
[From the U.S. Government Publishing Office]


49TRANSPORTATION42006-10-012006-10-01false229.5Sec. 229.5TRANSPORTATIONOther Regulations Relating to Transportation (Continued)FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OFRAILROAD LOCOMOTIVE SAFETY STANDARDSGeneral
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

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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.

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    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

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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

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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]