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299 Part 223—Safety Glazing Standards—Locomotives

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299 Part 223—Safety Glazing Standards—Locomotives Federal Railroad Administration, DOT § 223.5 Section Violation Willful violation § 222.33 Failure to sound horn when conditions of § 222.33 are not met ................................. 5,000 7,500 § 222.45 Sounding locomotive horn at a grade crossing within a quiet zone ........................... 1,500 5,000 § 222.49 (b) Failure to provide Grade Crossing Inventory Form information ............................... 2,500 5,000 § 222.59 (c) Routine sounding locomotive horn at a grade crossing equipped with wayside horn ............................................................................................................................................ 5,000 7,500 1 A penalty may be assessed against an individual only for a willful violation. 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. [68 FR 70664, Dec. 18, 2003, as amended at 69 gauge track that is a part of the gen- FR 30594, May 28, 2004] eral railroad system of transportation. (b) This part does not apply to— PART 223—SAFETY GLAZING (1) Locomotives, cabooses, and pas- STANDARDS—LOCOMOTIVES, senger cars that operate only on track PASSENGER CARS AND CA- inside an installation that is not part BOOSES of the general railroad system of trans- portation; Subpart A—General (2) Rapid transit operations in an urban area that are not connected with Sec. the general railroad system of trans- 223.1 Scope. portation. 223.3 Application. (3) Locomotives, passenger cars and 223.5 Definitions. cabooses that are historical or anti- 223.7 Responsibility. quated equipment and are used only for Subpart B—Specific Requirements excursion, educational, recreational purposes or private transportation pur- 223.8 Additional requirements for passenger poses. equipment. (4) Locomotives that are used exclu- 223.9 Requirements for new or rebuilt equip- sively in designated service as defined ment. 223.11 Requirements for existing loco- in § 223.5(m). motives. [44 FR 77352, Dec. 31, 1979, as amended at 53 223.13 Requirements for existing cabooses. FR 28600, July 28, 1988] 223.15 Requirements for existing passenger cars. § 223.5 Definitions. 223.17 Identification of equipped loco- motives, passenger cars and cabooses. As used in this part— APPENDIX A TO PART 223—CERTIFICATION OF Administrator means the Adminis- GLAZING MATERIALS trator of the Federal Railroad Admin- APPENDIX B TO PART 223—SCHEDULE OF CIVIL istration or the Administrator’s dele- PENALTIES gate. AUTHORITY: 49 U.S.C. 20102–03, 20133, 20701– Caboose means a car in a freight train 20702, 21301–02, 21304; 28 U.S.C. 2461, note; and intended to provide transportation for 49 CFR 1.49. crewmembers. Certified glazing means a glazing ma- Subpart A—General terial that has been certified by the manufacturer as having met the test- § 223.1 Scope. ing requirements set forth in Appendix This part provides minimum require- A of this part and that has been in- ments for glazing materials in order to stalled in such a manner that it will protect railroad employees and rail- perform its intended function. road passengers from injury as a result Designated service means exclusive op- of objects striking the windows of loco- eration of a locomotive under the fol- motives, caboose and passenger cars. lowing conditions: (1) The locomotive is not used as an [44 FR 77352, Dec. 31, 1979] independent unit or the controlling unit is a consist of locomotives except § 223.3 Application. when moving for the purpose of serv- (a) This part applies to railroads that icing or repair within a single yard operate rolling equipment on standard area; 299 VerDate Aug<04>2004 01:54 Nov 03, 2004 Jkt 203208 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Y:\SGML\203208T.XXX 203208T § 223.5 49 CFR Ch. II (10–1–04 Edition) (2) The locomotive is not occupied by employee or agent of a railroad; any operating or deadhead crews outside a owner, manufacturer, lessor, or lessee single yard area; and of railroad equipment, track, or facili- (3) The locomotive is stenciled ‘‘Des- ties; any passenger, any trespasser or ignated Service—DO NOT OCCUPY’’. nontrespasser; any independent con- Emergency responder means a member tractor providing goods or services to a of a police or fire department, or other railroad; and any employee of such organization involved with public safe- owner, manufacturer, lessor, lessee, or ty charged with providing or coordi- independent contractor. nating emergency services, who re- Railroad means: sponds to a passenger train emergency. (1) Any form of non-highway ground Emergency window means that seg- transportation that runs on rails or ment of a side facing glazing location electromagnetic guideways, including which has been designed to permit (i) Commuter or other short-haul rail rapid and easy removal during a crisis passenger service in a metropolitan or situation. suburban area and commuter railroad End facing glazing location means any service that was operated by the Con- location where a line perpendicular to solidated Rail Corporation on January the plane of the glazing material 1, 1979, and makes a horizontal angle of 50 degrees (ii) High speed ground transportation or less with the centerline of the loco- systems that connect metropolitan motive, caboose or passenger car. Any areas, without regard to whether those location which, due to curvature of the systems use new technologies not asso- glazing material, can meet the criteria ciated with traditional railroads, but for either a front facing location or a does not include rapid transit oper- side facing location shall be considered ations in an urban area that are not a front facing location. connected to the general railroad sys- FRA means the Federal Railroad Ad- tem of transportation and ministration. (2) A person that provides railroad Locomotive means a self-propelled unit of equipment designed primarily transportation, whether directly or by for moving other equipment. It does contracting out operation of the rail- not include self-propelled passenger road to another person. cars. Rebuilt locomotive, caboose or passenger Locomotive cab means that portion of car means a locomotive, caboose or the superstructure designed to be occu- passenger car that has undergone over- pied by the crew while operating the haul which has been identified by the locomotive. railroad as a capital expense under Passenger car means a unit of rail Surface Transportation Board account- rolling equipment intended to provide ing standards. transportation for members of the gen- Side facing glazing location means any eral public and includes self-propelled location where a line perpendicular to cars designed to carry baggage, mail, the plane of the glazing material express or passengers. This term in- makes an angle of more than 50 degrees cludes a passenger coach, cab car, and with the centerline of the locomotive, an MU locomotive. This term does not caboose or passenger car. include a private car. Windshield means the combination of Passenger train service means the individual units of glazing material of transportation of persons (other than the locomotive, passenger car, or ca- employees, contractors, or persons boose that are positioned in an end fac- riding equipment to observe or monitor ing glazing location. railroad operations) in intercity pas- Yard is a system of auxiliary tracks senger service or commuter or other used exclusively for the classification short-haul passenger service in a met- of passenger or freight cars according ropolitan or suburban area. to commodity or destination; assem- Person includes all categories of enti- bling of cars for train movement; stor- ties covered under 1 U.S.C. 1, including, age of cars; or repair of equipment. but not limited to, a railroad; any Yard caboose means a caboose that is manager, supervisor, official, or other used exclusively in a single yard area. 300 VerDate Aug<04>2004 01:54 Nov 03, 2004 Jkt 203208 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 Y:\SGML\203208T.XXX 203208T Federal Railroad Administration, DOT § 223.11 Yard locomotive means a locomotive 1980, must be equipped with certified that is operated only to perform glazing in all locomotive cab windows. switching functions within a single (b) Cabooses, including yard ca- yard area. booses, built or rebuilt after June 30, 1980, must be equipped with certified [63 FR 24675, May 4, 1998; 63 FR 36376, July 6, glazing in all windows. 1998] (c) Passenger cars, including self-pro- § 223.7 Responsibility. pelled passenger cars, built or rebuilt after June 30, 1980, must be equipped Any person (an entity of any type with certified glazing in all windows covered under 1 U.S.C. 1, including but and at least four emergency opening not limited to the following: a railroad; windows. a manager, supervisor, official, or (d) Marking. Each railroad providing other employee or agent of a railroad; passenger train service shall ensure any owner, manufacturer, lessor, or that for each passenger car, except for lessee of railroad equipment, track, or self-propelled cars designed to carry facilities; any independent contractor baggage, mail, or express: providing goods or services to a rail- (1) Each emergency window is con- road; and any employee of such owner, spicuously and legibly marked with lu- manufacturer, lessor, lessee, or inde- minescent material on the inside of pendent contractor) who violates any each car to facilitate passenger egress. requirement of this part or causes the Each such railroad shall post clear and violation of any such requirement is legible operating instructions at or subject to a civil penalty of at least near each such exit. $550 and not more than $11,000 per vio- (2) Each window intended for emer- lation, except that: Penalties may be gency access by emergency responders assessed against individuals only for for extrication of passengers is marked willful violations, and, where a grossly with a retroreflective, unique, and eas- negligent violation or a pattern of re- ily recognizable symbol or other clear peated violations has created an immi- marking.
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