§ 224.1 49 CFR Ch. II (10–1–11 Edition)

224.9 Responsibility for compliance. and prescribes standards for the appli- 224.11 Penalties. cation, inspection, and maintenance of 224.13 Preemptive effect. retroreflective material to rail freight 224.15 Special approval procedures. rolling stock for the purpose of enhanc- Subpart B—Application, Inspection, and ing its detectability at highway-rail Maintenance of Retroreflective Material grade crossings. This part does not re- strict a freight rolling stock owner or 224.101 General requirements. railroad from applying retroreflective 224.103 Characteristics of retroreflective material to freight rolling stock for sheeting. other purposes if not inconsistent with 224.105 Sheeting dimensions and quantity. 224.106 Location of retroreflective sheeting. the recognizable pattern required by 224.107 Implementation schedule. this part. 224.109 Inspection, repair, and replacement. 224.111 Renewal. § 224.3 Applicability. APPENDIX A TO PART 224—SCHEDULE OF CIVIL This part applies to all railroad PENALTIES freight cars and locomotives that oper- APPENDIX B TO PART 224—FORM ate over a public or private highway- REFLECTORIZATION IMPLEMENTATION COM- rail grade crossing and are used for rev- PLIANCE REPORT APPENDIX C TO PART 224—GUIDELINES FOR enue or work train service, except: SUBMITTING REFLECTORIZATION IMPLE- (a) Freight rolling stock that oper- MENTATION COMPLIANCE REPORTS ates only on track inside an installa-

AUTHORITY: 49 U.S.C. 20103, 20107, 20148 and tion that is not part of the general rail- 21301; 28 U.S.C. 2461, note; and 49 CFR 1.49. road system of transportation; (b) Rapid transit operations in an SOURCE: 70 FR 62176, Oct. 28, 2005, unless otherwise noted. urban area that are not connected to the general railroad system of trans- portation; Subpart A—General (c) Locomotives and passenger cars § 224.1 Purpose and scope. used exclusively in passenger service; or (a) The purpose of this part is to re- (d) Freight rolling stock that is sub- duce highway-rail grade crossing acci- ject to a reflectorization requirement dents and deaths, injuries, and prop- promulgated by another Federal agen- erty damage resulting from those acci- cy. dents, by enhancing the conspicuity of rail freight rolling stock so as to in- § 224.5 Definitions. crease its detectability by motor vehi- cle operators at night and under condi- Administrator means the Adminis- tions of poor visibility. trator of the Federal Railroad Admin- (b) In order to achieve cost-effective istration or the Administrator’s dele- mitigation of collision risk at high- gate. way-rail grade crossings, this part es- Associate Administrator means the As- tablishes the duties of freight rolling sociate Administrator for Safety, Fed- stock owners (including those who eral Railroad Administration, or the manage maintenance of freight rolling Associate Administrator’s delegate. stock, supply freight rolling stock for Damaged means scratched, broken, transportation, or offer freight rolling chipped, peeled, or delaminated. stock in transportation) and railroads Flat car means a car having a flat to progressively apply retroreflective floor or deck on the underframe with material to freight rolling stock, and no sides, ends or roof (including spine to periodically inspect and maintain cars, articulated and mult-unit inter- that material. Freight rolling stock modal cars). owners, however, are under no duty to Freight rolling stock means: install, clean or otherwise maintain, or (1) Any locomotive subject to part 229 repair reflective material except as of this chapter used to haul or switch specified in this part. freight cars (whether in revenue or (c) This part establishes a schedule work train service); and for the application of retroreflective (2) Any railroad freight car (whether material to rail freight rolling stock used in revenue or work train service).

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Freight rolling stock owner means any Specification for Retroreflective Sheet- person who owns freight rolling stock, ing for Traffic Control.’’ is a lessee of freight rolling stock, Work train means a non-revenue serv- manages the maintenance or use of ice train used for the maintenance and freight rolling stock on behalf of an upkeep service of the railroad. owner or one or more lessors or lessees, or otherwise controls the maintenance § 224.7 Waivers. or use of freight rolling stock. (a) Any person subject to a require- Locomotive has the meaning assigned ment of this part may petition the Ad- by § 229.5 of this chapter, but for pur- ministrator for a waiver of compliance poses of this part applies only to a lo- with such requirement. The filing of comotive used in the transportation of such a petition does not affect that freight or the operation of a work person’s responsibility for compliance train. with that requirement while the peti- Obscured means concealed or hidden tion is being considered. (i.e., covered up, as where a layer of (b) Each petition for waiver under paint or dense chemical residue blocks this section shall be filed in the man- all incoming light); this term does not ner and contain the information re- refer to ordinary accumulations of dirt, quired by part 211 of this chapter. (c) If the Administrator finds that a grime, or ice resulting from the normal waiver of compliance is in the public railroad operating environment. interest and is consistent with railroad Person means an entity of any type safety, the Administrator may grant covered under 1 U.S.C. 1, including but the waiver subject to any conditions not limited to the following: A rail- that the Administrator deems nec- road; a manager, supervisor, official, or essary. other employee or agent of a railroad; any owner, manufacturer, lessor, or § 224.9 Responsibility for compliance. lessee of railroad equipment, track or (a) Freight rolling stock owners, rail- facilities; any independent contractor roads, and (with respect to certifi- providing goods or services to a rail- cation of material) manufacturers of road; and any employee of such an retroreflective material, are primarily owner, manufacturer, lessor, lessee, or responsible for compliance with this independent contractor. part. However, any person that per- Railroad means all forms of non-high- forms any function or task required by way ground transportation that run on this part (including any employee, rails or electromagnetic guideways, in- agent, or contractor of the aforemen- cluding high speed ground transpor- tioned), must perform that function in tation systems that connect metropoli- accordance with this part. tan areas, without regard to whether (b) Any person performing any func- they use new technologies not associ- tion or task required by this part shall ated with traditional railroads. be deemed to have consented to FRA Railroad freight car has the meaning inspection of the person’s facilities and assigned by § 215.5 of this chapter. records to the extent necessary to de- Tank car means a rail car, the body of termine whether the function or task which consists of a tank for trans- is being performed in accordance with porting liquids. the requirements of this part. Universal Machine Language Equip- ment Register means the database con- § 224.11 Penalties. taining information on rail equipment (a) Any person (including but not maintained by the Association of limited to a railroad; any manager, su- American Railroads. pervisor, official, or other employee or Unqualified Retroreflective Sheeting agent of a railroad; any owner, manu- means engineering grade sheeting, facturer, lessor, or lessee of railroad super engineering grade sheeting (en- equipment, track, or facilities; any em- closed lens) or high-intensity type ployee of such owner, manufacturer, sheeting (ASTM Type I, II, III, or IV lessor, lessee, or independent con- Sheeting) as described in ASTM Inter- tractor) who violates any requirement national Standard D–4956–04, ‘‘Standard of this part or causes the violation of

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