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422 PART 227—OCCUPATIONAL NOISE EXPOSURE Subpart A—General

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422 PART 227—OCCUPATIONAL NOISE EXPOSURE Subpart A—General Pt. 227 49 CFR Ch. II (10–1–20 Edition) by the BLS. The wage component is weight- 227.15 Information collection. ed by 40% and the equipment component by 60%. Subpart B—Occupational Noise Exposure 2. For the wage component, the average of for Railroad Operating Employees the data from Form A—STB Wage Statistics for Group No. 300 (Maintenance of Way and 227.101 Scope and applicability. Structures) and Group No. 400 (Maintenance 227.103 Noise monitoring program. of Equipment and Stores) employees is used. 227.105 Protection of employees. 3. For the equipment component, 227.107 Hearing conservation program. LABSTAT Series Report, Producer Price 227.109 Audiometric testing program. Index (PPI) Series WPU 144 for Railroad 227.111 Audiometric test requirements. Equipment is used. 227.113 Noise operational controls. 4. In the month of October, second-quarter 227.115 Hearing protectors. wage data are obtained from the STB. For 227.117 Hearing protector attenuation. equipment costs, the corresponding BLS rail- 227.119 Training program. road equipment indices for the second quar- 227.121 Recordkeeping. ter are obtained. As the equipment index is APPENDIX A TO PART 227—NOISE EXPOSURE reported monthly rather than quarterly, the COMPUTATION average for the months of April, May and APPENDIX B TO PART 227—METHODS FOR ESTI- June is used for the threshold calculation. 5. The wage data are reported in terms of MATING THE ADEQUACY OF HEARING PRO- dollars earned per hour, while the equipment TECTOR ATTENUATION cost data are indexed to a base year of 1982. APPENDIX C TO PART 227—AUDIOMETRIC BASE- 6. The procedure for adjusting the report- LINE REVISION ing threshold is shown in the formula below. APPENDIX D TO PART 227—AUDIOMETRIC TEST The wage component appears as a fractional ROOMS change relative to the prior year, while the APPENDIX E TO PART 227—USE OF INSERT equipment component is a difference of two EARPHONES FOR AUDIOMETRIC TESTING percentages which must be divided by 100 to APPENDIX F TO PART 227—CALCULATIONS AND present it in a consistent fractional form. APPLICATION OF AGE CORRECTIONS TO After performing the calculation, the result AUDIOGRAMS is rounded to the nearest $100. AUTHORITY: 49 U.S.C. 20103, 20103, note, 7. The weightings result from using STB 20701–20702; 28 U.S.C. 2461, note; and 49 CFR wage data and BLS equipment cost data to 1.89. produce a reasonable estimation of the re- porting threshold that was calculated using SOURCE: 71 FR 63123, Oct. 27, 2006, unless the threshold formula in effect immediately otherwise noted. before calendar year 2006, a formula that as- sumed damage repair costs, at levels at or Subpart A—General near the threshold, were split approximately evenly between labor and materials. § 227.1 Purpose and scope. 8. Formula: (a) The purpose of this part is to pro- New Threshold = Prior Threshold × [1 + 0.4(Wnew—Wprior)/Wprior + 0.6(Enew ¥ tect the occupational health and safety Eprior)/100] of employees whose predominant noise Where: exposure occurs in the locomotive cab. Wnew = New average hourly wage rate ($). (b) This part prescribes minimum Wprior = Prior average hourly wage rate ($). Federal health and safety noise stand- Enew = New equipment average PPI value. ards for locomotive cab occupants. Eprior = Prior equipment average PPI value. This part does not restrict a railroad or [70 FR 75417, Dec. 20, 2005] railroad contractor from adopting and enforcing additional or more stringent PART 227—OCCUPATIONAL NOISE requirements. EXPOSURE § 227.3 Application. (a) Except as provided in paragraph Subpart A—General (b) of this section, this part applies to Sec. all railroads and contractors to rail- 227.1 Purpose and scope. roads. 227.3 Application. (b) This part does not apply to— 227.5 Definitions. 227.7 Preemptive effect. (1) A railroad that operates only on 227.9 Penalties. track inside an installation that is not 227.11 Responsibility for compliance. part of the general railroad system of 227.13 Waivers. transportation; 422 VerDate Sep<11>2014 10:04 Dec 11, 2020 Jkt 250229 PO 00000 Frm 00432 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Federal Railroad Administration, DOT § 227.5 (2) A rapid transit operation in an auditory, vestibular, and related im- urban area that is not connected to the pairments and who general railroad system of transpor- (1) Has a Master’s degree or doctoral tation; degree in audiology and (3) A rapid transit operation in an (2) Is licensed as an audiologist by a urban area that is connected to the State; or in the case of an individual general system and operates under a who furnishes services in a State which shared use waiver; does not license audiologists, has suc- (4) A railroad that operates tourist, cessfully completed 350 clock hours of scenic, historic, or excursion oper- supervised clinical practicum (or is in ations, whether on or off the general the process of accumulating such su- railroad system of transportation; or pervised clinical experience), per- (5) Foreign railroad operations that formed not less than 9 months of super- meet the following conditions: Employ- vised full-time audiology services after ees of the foreign railroad have a pri- obtaining a master’s or doctoral degree mary reporting point outside of the in audiology or a related field, and suc- U.S. but are operating trains or con- cessfully completed a national exam- ducting switching operations in the ination in audiology approved by the U.S.; and the government of that for- Secretary of the U.S. Department of eign railroad has implemented require- Health and Human Services. ments for hearing conservation for Audiometry means the act or process railroad employees; the foreign rail- of measuring hearing sensitivity at dis- road undertakes to comply with those crete frequencies. Audiometry can also requirements while operating within be referred to as audiometric testing. the U.S.; and FRA’s Associate Admin- Baseline audiogram means an audio- istrator for Safety determines that the gram, recorded in accordance with foreign requirements are consistent § 227.109, against which subsequent with the purpose and scope of this part. audiograms are compared to determine A ‘‘foreign railroad’’ refers to a rail- the extent of change of hearing level. road that is incorporated in a place Class I, Class II, and Class III railroads outside the U.S. and is operated out of have the meaning assigned by the regu- a foreign country but operates for some lations of the Surface Transportation distance in the U.S. Board (49 CFR part 120; General In- structions 1–1). § 227.5 Definitions. Continuous noise means variations in As used in this part— sound level that involve maxima at in- Action level means an eight-hour tervals of 1 second or less. time-weighted-average sound level Decibel (dB) means a unit of measure- (TWA) of 85 dB(A), or, equivalently, a ment of sound pressure levels. dose of 50 percent, integrating all dB(A) means the sound pressure level sound levels from 80 dB(A) to 140 dB(A). in decibels measured on the A-weighted Administrator means the Adminis- scale. trator of the Federal Railroad Admin- Employee means any individual who istration or the Administrator’s dele- is engaged or compensated by a rail- gate. road or by a contractor to a railroad to Artifact means any signal received or perform any of the duties defined in recorded by a noise measuring instru- this part. ment that is not related to occupa- Exchange rate means the change in tional noise exposure and may ad- sound level, in decibels, which would versely impact the accuracy of the oc- require halving or doubling of the al- cupational noise measurement. lowable exposure time to maintain the Audiogram means a record of same noise dose. For purposes of this audiometric testing, showing the part, the exchange rate is 5 decibels. thresholds of hearing sensitivity meas- FRA means the Federal Railroad Ad- ured at discrete frequencies, as well as ministration. other recordkeeping information. Hearing protector means any device or Audiologist means a professional, who material, which is capable of being provides comprehensive diagnostic and worn on the head, covering the ear treatment/rehabilitative services for canal or inserted in the ear canal; is 423 VerDate Sep<11>2014 10:04 Dec 11, 2020 Jkt 250229 PO 00000 Frm 00433 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 227.5 49 CFR Ch. II (10–1–20 Edition) designed wholly or in part to reduce Railroad means any form of non-high- the level of sound entering the ear; and way ground transportation that runs has a scientifically accepted indicator on rails or electromagnetic guide-ways of its noise reduction value. and any entity providing such trans- Hertz (Hz) means a unit of measure- portation, including: ment of frequency numerically equal (1) Commuter or other short-haul to cycles per second. railroad passenger service in a metro- Medical pathology means a condition politan or suburban area and com- or disease affecting the ear which is muter railroad service that was oper- medically or surgically treatable. ated by the Consolidated Rail Corpora- Noise operational controls means a tion on January 1, 1979; and method used to reduce noise exposure, (2) High speed ground transportation other than hearing protectors or equip- systems that connect metropolitan ment modifications, by reducing the areas, without regard to whether those time a person is exposed to excessive systems use new technologies not asso- noise. ciated with traditional railroads. The term ‘‘railroad’’ is also intended to Occasional service means service of mean a person that provides transpor- not more than a total of 20 days in a tation by railroad, whether directly or calendar year.
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