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by the BLS. The component is weight- 227.15 Information collection. ed by 40% and the equipment component by 60%. Subpart B—Occupational 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 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;

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(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 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 . 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

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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. by contracting out operation of the Otolaryngologist means a physician railroad to another person. The term specializing in diagnosis and treatment does not include rapid transit oper- of disorders of the ear, nose, and ations in an urban area that are not throat. connected to the general railroad sys- Periodic audiogram is a record of fol- tem of transportation. low-up audiometric testing conducted Representative personal sampling at regular intervals after the baseline means measurement of an employee’s audiometric test. noise exposure that is representative of Person means an entity of any type the exposures of other employees who covered under 1 U.S.C. 1, including but operate similar equipment under simi- not limited to the following: a railroad; lar conditions. a manager, , official, or Sound level or Sound pressure level other employee or agent of a railroad; means ten times the common loga- an owner, manufacturer, lessor, or les- rithm of the ratio of the square of the see of railroad equipment, track, or fa- measured A-weighted sound pressure to cilities; an independent contractor pro- the square of the standard reference viding goods or services to a railroad; pressure of twenty micropascals, meas- and any employee of such owner, man- ured in decibels. For purposes of this ufacturer, lessor, lessee, or independent regulation, SLOW time response, in ac- contractor. cordance with ANSI S1.43–1997 (Re- Professional Supervisor of the affirmed 2002), ‘‘Specifications for Inte- Audiometric Monitoring Program in a grating-Averaging Sound Level Me- hearing conservation program means ters,’’ is required. The Director of the an audiologist, otolaryngologist, or a Federal Register approves this incorpo- physician with experience and exper- ration by reference of this standard in tise in hearing and . this section in accordance with 5 U.S.C. Qualified Technician is a person who 552(a) and 1 CFR part 51. You may ob- is certified by the Council for Accredi- tain a copy of the incorporated stand- tation in Occupational Hearing Con- ard from the American National Stand- servation or equivalent organization; ards Institute at 1819 L Street, NW., or who has satisfactorily demonstrated Washington, DC 20036 or http:// competence in administering www.ansi.org. You may inspect a copy audiometric examinations, obtaining of the incorporated standard at the valid audiograms, and properly using, Federal Railroad Administration, maintaining, and checking calibration Docket Room, 1200 New Jersey Avenue, and proper functioning of the audiom- SE., Washington, DC 20590, or at the eters used; and is responsible to the National Archives and Records Admin- Professional Supervisor of the istration (NARA). For information on Audiometric Testing Program. the availability of this material at

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NARA, call 202–741–6030, or go to http:// www.fra.dot.gov for a statement of www.archives.gov/federallregister/ agency civil penalty policy. codeloflfederallregulations/ (b) Any person who knowingly and ibrllocations.html. willfully falsifies a record or report re- Standard threshold shift (STS) means a quired by this part may be subject to change in hearing sensitivity for the criminal penalties under 49 U.S.C. worse, relative to the baseline audio- 21311. gram, or relative to the most recent re- vised baseline (where one has been es- [71 FR 63123, Oct. 27, 2006, as amended at 73 tablished), of an average of 10 dB or FR 79702, Dec. 30, 2008; 77 FR 24421, Apr. 24, more at 2000, 3000, and 4000 Hz in either 2012; 81 FR 43110, July 1, 2016; 82 FR 16133, ear. Apr. 3, 2017; 83 FR 60748, Nov. 27, 2018; 84 FR Time-weighted-average eight-hour (or 8- 23735, May 23, 2019; 84 FR 37073, July 31, 2019] hour TWA) means the sound level, which, if constant over 8 hours, would § 227.11 Responsibility for compliance. result in the same noise dose as is Although the duties imposed by this measured. For purposes of this part, part are generally stated in terms of the exchange rate is 5 decibels. the duty of a railroad, any person, in- Tourist, scenic, historic, or excursion cluding a contractor for a railroad, who operations means railroad operations performs any function covered by this that carry passengers, often using anti- part must perform that function in ac- quated equipment, with the convey- cordance with this part. ance of the passengers to a particular destination not being the principal pur- § 227.13 Waivers. pose. (a) A person subject to a requirement [71 FR 63123, Oct. 27, 2006, as amended at 74 of this part may petition the Adminis- FR 25173, May 27, 2009] trator for a waiver of compliance with § 227.7 Preemptive effect. such requirement. The filing of such a petition does not affect that person’s Under 49 U.S.C. 20106, issuance of these regulations preempts any State responsibility for compliance with that law, regulation, or order covering the requirement while the petition is being same subject matter, except an addi- considered. tional or more stringent law, regula- (b) Each petition for waiver under tion, or order that is necessary to this section must be filed in the man- eliminate or reduce an essentially local ner and contain the information re- safety hazard; is not incompatible with quired by part 211 of this chapter. a law, regulation, or order of the (c) If the Administrator finds that a United States Government; and does waiver of compliance is in the public not impose an unreasonable burden on interest and is consistent with railroad interstate commerce. safety, the Administrator may grant the waiver subject to any conditions § 227.9 Penalties. the Administrator deems necessary. (a) Any person who violates any re- quirement of this part or causes the § 227.15 Information collection. violation of any such requirement is subject to a civil penalty of at least (a) The information collection re- $892 and not more than $29,192 per vio- quirements of this part were reviewed lation, except that: penalties may be by the Office of Management and Budg- assessed against individuals only for et pursuant to the Paperwork Reduc- willful violations, and, where a grossly tion Act of 1980 (44 U.S.C. 3501 et seq.) negligent violation or a pattern of re- and are assigned OMB control number peated violations has created an immi- 2130–NEW. nent hazard of death or injury to per- (b) The information collection re- sons, or has caused death or injury, a quirements are found in the following penalty not to exceed $116,766 per viola- sections: §§ 227.13, 227.103, 227.107, tion may be assessed. Each day a viola- 227.109, 227.111, 227.117, 227.119, and tion continues shall constitute a sepa- 227.121. rate offense. See FRA’s website at

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Subpart B—Occupational Noise part may be exposed to noise that may Exposure for Railroad Oper- equal or exceed an 8-hour TWA of 85 ating Employees. dB(A), in accordance with the following : § 227.101 Scope and applicability. (1) Class 1, passenger, and commuter (a) This subpart shall apply to the railroads no later than February 26, noise-related working conditions of— 2008. (1) Any person who regularly per- (2) Railroads with 400,000 or more an- forms service subject to the provisions nual employee hours that are not Class of the hours of service laws governing 1, passenger, or commuter railroads no ‘‘train employees’’ (see 49 U.S.C. later than August 26, 2008. 21101(5) and 21103), but, subject to a (3) Railroads with fewer than 400,000 railroad’s election in paragraph (a)(3) annual employee hours no later than of this section, does not apply to: August 26, 2009. (i) Employees who move locomotives (b) Sampling strategy. (1) In its moni- only within the confines of locomotive toring program, the railroad shall use a repair or servicing areas, as provided in sampling strategy that is designed to §§ 218.5 and 218.29(a) of this chapter, or identify employees for inclusion in the (ii) Employees who move a loco- hearing conservation program and to motive or group of locomotives for dis- enable the proper selection of hearing tances of less than 100 feet and this in- protection. cidental movement of a locomotive or (2) Where circumstances such as high locomotives is for inspection or main- worker mobility, significant variations tenance purposes, or in sound level, or a significant compo- (iii) Contractors who operate historic nent of impulse noise make area moni- equipment in occasional service, pro- toring generally inappropriate, the vided that the contractors have been railroad shall use representative per- provided with hearing protectors and, sonal sampling to comply with the where necessary, are required to use monitoring requirements of this sec- the hearing protectors while operating tion, unless the railroad can show that the historic equipment; area sampling produces equivalent re- (2) Any direct supervisor of the per- sults. sons described in paragraph (a)(1) of (c) Noise measurements. (1) All contin- this section whose duties require fre- uous, intermittent, and impulse sound quent work in the locomotive cab; and (3) At the election of the railroad, levels from 80 decibels to 140 decibels any other person (including a person shall be integrated into the noise meas- excluded by paragraph (a)(1) of this urements. section) whose duties require frequent (2) Noise measurements shall be work in the locomotive cab and whose made under typical operating condi- primary noise exposure is reasonably tions using: expected to be experienced in the cab, (i) A sound level meter conforming, if the position occupied by such person at a minimum, to the requirements of is designated in writing by the rail- ANSI S1.4–1983 (Reaffirmed 2001) (incor- road, as required by § 227.121(d). porated by reference, see § 227.103(h)), (b) Occupational noise exposure and Type 2, and set to an A-weighted SLOW hearing conservation for employees not response; covered by this subpart is governed by (ii) An integrated sound level meter the appropriate occupational noise ex- conforming, at a minimum, to the re- posure regulation of the U.S. Depart- quirements of ANSI S1.43–1997 (Re- ment of Labor, Occupational Safety affirmed 2002) (incorporated by ref- and Health Administration located at erence, see § 227.103(h)), Type 2, and set 29 CFR 1910.95. to an A-weighted slow response ; or (iii) A noise dosimeter conforming, at § 227.103 Noise monitoring program. a minimum, to the requirements of (a) Schedule. A railroad shall develop ANSI S1.25–1991 (Reaffirmed 2002) (in- and implement a noise monitoring pro- corporated by reference, see § 227.103(h)) gram to determine whether any em- and set to an A-weighted SLOW re- ployee covered by the scope of this sub- sponse.

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(3) All instruments used to measure NARA, call 202–741–6030, or go to http:// employee noise exposure shall be cali- www.archives.gov/federallregister/ brated to ensure accurate measure- codeloflfederallregulations/ ments. ibrllocations.html. (d) The railroad shall repeat noise (1) ANSI S1.4–1983 (Reaffirmed 2001), monitoring, consistent with the re- Specification for Sound Level Meters, quirements of this section, whenever a incorporation by reference (IBR) ap- change in operations, process, equip- proved for § 227.103(c)(2)(i). ment, or controls increases noise expo- (2) ANSI S1.43–1997 (Reaffirmed 2002), sures to the extent that: Specifications for Integrating-Aver- (1) Additional employees may be ex- aging Sound Level Meters, IBR ap- posed at or above the action level; or proved for § 227.103(c)(2)(ii). (2) The attenuation provided by hear- (3) ANSI S1.25–1991 (Reaffirmed 2002), ing protectors being used by employees Specification for Personal Noise may be inadequate to meet the require- Dosimeters, IBR approved for ments of § 227.103. § 227.103(c)(2)(iii). (e) In administering the monitoring [71 FR 63123, Oct. 27, 2006, as amended at 74 program, the railroad shall take into FR 25173, May 27, 2009] consideration the identification of work environments where the use of § 227.105 Protection of employees. hearing protectors may be omitted. (a) A railroad shall provide appro- (f) Observation of monitoring. The rail- priate protection for its employees who road shall provide affected employees are exposed to noise, as measured ac- or their representatives with an oppor- cording to § 227.103, that exceeds the tunity to observe any noise dose meas- limits specified in appendix A of this urements conducted pursuant to this part. section. (b) In assessing whether exposures (g) Reporting of monitoring results. (1) exceed 115 dB(A), as set forth in para- The railroad shall notify each mon- graph (a) of this section and appendix itored employee of the results of the A to this part, the apparent source of monitoring. the noise exposures shall be observed (2) The railroad shall post the moni- and documented and measurement ar- toring results at the appropriate crew tifacts may be removed. origination point for a minimum of 30 (c) Except as set forth in paragraph days. The posting should include suffi- (d) of this section, exposure to contin- cient information to permit other uous noise shall not exceed 115dB(A). crews to understand the meaning of the (d) Exposures to continuous noise results in the context of the operations greater than 115 dB(A) and equal to or monitored. less than 120 dB(A) are permissible, (h) Incorporation by reference. The ma- provided that the total daily duration terials listed in this section are incor- does not exceed 5 seconds. porated by reference in the cor- responding sections noted. These § 227.107 Hearing conservation pro- incorporations by reference were ap- gram. proved by the Director of the Federal (a) Consistent with the requirements Register in accordance with 5 U.S.C. of the noise monitoring program re- 552(a) and 1 CFR part 51. You may ob- quired by § 227.103, the railroad shall tain a copy of the incorporated mate- administer a continuing, effective rials from the American National hearing conservation program, as set Standards Institute at 1819 L Street, forth in §§ 227.109 through 227.121, for all NW., Washington, DC 20036 or http:// employees exposed to noise at or above www.ansi.org. You may inspect a copy the action level. of the incorporated standards at the (b) For purposes of the hearing con- Federal Railroad Administration, servation program, employee noise ex- Docket Room, 1200 New Jersey Avenue, posure shall be computed in accordance SE., Washington, DC 20590, or at the with the tables in appendix A of this National Archives and Records Admin- part, and without regard to any attenu- istration (NARA). For information on ation provided by the use of hearing the availability of this material at protectors.

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§ 227.109 Audiometric testing program. Audiometric Monitoring Program (a) Each railroad shall establish and makes a reasonable determination that maintain an audiometric testing pro- the baseline audiogram is valid and is gram as set forth in this section and clinically consistent with other mate- include employees who are required to rials in the employee’s medical file. be included in a hearing conservation (3) Testing to establish a baseline program pursuant to § 227.107. audiogram shall be preceded by at least (b) Cost. The audiometric tests shall 14 hours without exposure to occupa- be provided at no cost to employees. tional noise in excess of the action (c) Tests. Audiometric tests shall be level. Hearing protectors may be used performed by: as a substitute for the requirement (1) An audiologist, otolaryngologist, that baseline audiograms be preceded or other physician who has experience by 14 hours without exposure to occu- and expertise in hearing and hearing pational noise. loss; or (4) The railroad shall notify its em- (2) A qualified technician. ployees of the need to avoid high levels (d) [Reserved] of non-occupational noise exposure (e) Baseline audiogram. This para- during the 14-hour period immediately graph (e) applies to employees who are preceding the audiometric examina- required by § 227.107 to be included in a tion. hearing conservation program. (f) Periodic audiogram. (1) The railroad (1) New employees. (i) Except as pro- shall offer an audiometric test to each vided in paragraph (e)(1)(ii), for em- employee included in the hearing con- ployees hired after February 26, 2007, servation program at least once each the railroad shall establish a valid calendar year. The interval between baseline audiogram within 6 months of the date offered to any employee for a the new employee’s first tour of duty. test in a calendar year and the date of- (ii) Where mobile test vans are used fered in the subsequent calendar year to meet the requirement in paragraph shall be no more than 450 days and no (e)(1)(i), the railroad shall establish a less than 280 days. valid baseline audiogram within one year of the new employee’s first tour of (2) The railroad shall require each duty. employee included in the hearing con- (2) Existing employees. (i) For all em- servation program to take an ployees without a baseline audiogram audiometric test at least once every as of February 26, 2007, Class 1, pas- 1095 days. senger, and commuter railroads, and (g) of audiogram. (1) Each railroads with 400,000 or more annual employee’s periodic audiogram shall be employee hours shall establish a valid compared to that employee’s baseline baseline audiogram by February 26, audiogram to determine if the audio- 2009; and railroads with less than gram is valid and to determine if a 400,000 annual employee hours shall es- standard threshold shift has occurred. tablish a valid baseline audiogram by This comparison may be done by a February 26, 2010. qualified technician. (ii) If an employee has had a baseline (2) If the periodic audiogram dem- audiogram as of February 26, 2007, and onstrates a standard threshold shift, a it was obtained under conditions that railroad may obtain a retest within 90 satisfy the requirements found in 29 days. The railroad may consider the re- CFR 1910.95(h), the railroad must use sults of the retest as the periodic that baseline audiogram. audiogram. (iii) If the employee has had a base- (3) The audiologist, otolaryngologist, line audiogram as of February 26, 2007, or physician shall review problem and it was obtained under conditions audiograms and shall determine wheth- that satisfy the requirements in 29 er there is a need for further evalua- CFR 1910.95(h)(1), but not the require- tion. A railroad shall provide all of the ments found in 29 CFR 1910.95(h)(2) following information to the person through (5), the railroad may elect to performing this review: use that baseline audiogram provided (i) The baseline audiogram of the em- that the Professional Supervisor of the ployee to be evaluated;

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(ii) The most recent audiogram of the (1) Periodic audiograms from employee to be evaluated; audiometric tests conducted through (iii) Measurements of background February 26, 2009, may be substituted sound pressure levels in the for the baseline measurement by the audiometric test room as required in Professional Supervisor of the appendix D of this part: Audiometric Audiometric Monitoring Program who Test Rooms; and is evaluating the audiogram if: (iv) Records of audiometer calibra- (i) The standard threshold shift re- tions required by § 227.111. vealed by the audiogram is persistent; (h) Follow-up procedures. (1) If a com- or parison of the periodic audiogram to (ii) The hearing threshold shown in the baseline audiogram indicates that the periodic audiogram indicates sig- a standard threshold shift has oc- nificant improvement over the baseline curred, the railroad shall inform the audiogram. employee in writing within 30 days of (2) Baseline audiograms from the determination. audiometric tests conducted after Feb- (2) Unless a physician or audiologist ruary 26, 2009, shall be revised in ac- determines that the standard threshold cordance with the method specified in shift is not work-related or aggravated appendix C of this part: Audiometric by occupational noise exposure, the Baseline Revision. railroad shall ensure that the following (j) Standard threshold shift. In deter- steps are taken: whether a standard threshold (i) Employees not using hearing pro- shift has occurred, allowance may be tectors shall be fitted with hearing pro- made for the contribution of aging tectors, shall be trained in their use (presbycusis) to the change in hearing and care, and shall be required to use level by correcting the annual audio- them. gram according to the procedure de- (ii) Employees already provided with scribed in appendix F of this part: Cal- hearing protectors shall be refitted, culation and Application of Age Cor- shall be retrained in the use of hearing rection to Audiograms. protectors offering greater attenu- ation, if necessary, and shall be re- § 227.111 Audiometric test require- quired to use them. ments. (iii) If subsequent audiometric test- (a) Audiometric tests shall be pure ing is necessary or if the railroad sus- tone, air conduction, hearing threshold pects that a medical pathology of the examinations, with test frequencies in- ear is caused or aggravated by the cluding 500, 1000, 2000, 3000, 4000, 6000, wearing of hearing protectors, the rail- and 8000 Hz. Tests at each frequency road shall refer the employee for a shall be taken separately for each ear. clinical audiological evaluation or an (b) Audiometric tests shall be con- otological examination. ducted with audiometers (including (iv) If the railroad suspects that a microprocessor audiometers) that meet medical pathology of the ear unrelated the specifications of and are main- to the use of hearing protectors is tained and used in accordance with present, the railroad shall inform the ANSI S3.6–2004 ‘‘Specification for Audi- employee of the need for an otological ometers.’’ The Director of the Federal examination. Register approves the incorporation by (3) If subsequent audiometric testing reference of this standard in accord- of an employee, whose exposure to ance with 5 U.S.C. 552(a) and 1 CFR noise is less than an 8-hour TWA of 90 part 51. You may obtain a copy of the dB, indicates that a standard threshold incorporated standard from the Amer- shift is not persistent, the railroad ican National Standards Institute at shall inform the employee of the new 1819 L Street, NW., Washington, DC audiometric interpretation and may 20036 or http://www.ansi.org. You may discontinue the required use of hearing inspect a copy of the incorporated protectors for that employee. standard at the Federal Railroad Ad- (i) Revised baseline. A railroad shall ministration, Docket Room, 1200 New use the following methods for revising Jersey Avenue, SE., Washington, DC baseline audiograms: 20590, Washington, DC 20005, or at the

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National Archives and Records Admin- (ii) At least annually on audiometers istration (NARA). For more informa- used in mobile test vans. tion on the availability of this mate- [71 FR 63123, Oct. 27, 2006, as amended at 74 rial at NARA, call 202–741–6030, or go to FR 25173, May 27, 2009] http://www.archives.gov/federallregister/ codeloflfederallregulations/ § 227.113 Noise operational controls. ibrllocations.html. (a) Railroads may use noise oper- (1) Pulsed-tone audiometers should ational controls at any sound level to be used with the following on and off reduce exposures to levels below those times: F–J and J–K shall each have val- required by Table A–1 of appendix A of ± ues of 225 35 milliseconds (ms). this part. (2) Use of insert earphones shall be (b) Railroads are encouraged to use consistent with the requirements listed noise operational controls when em- in appendix E of this part: Use of Insert ployees are exposed to sound exceeding Earphones for Audiometric Testing. an 8-hour TWA of 90 dB(A). (c) Audiometric examinations shall be administered in a room meeting the § 227.115 Hearing protectors. requirements listed in appendix D of (a) General requirements for hearing this part: Audiometric Test Rooms. protectors. (1) The railroad shall provide (d) Audiometer calibration. (1) The hearing protectors to employees at no functional operation of the audiometer cost to the employee. shall be checked before each day’s use (2) The railroad shall replace hearing by testing a person with known, stable protectors as necessary. hearing thresholds or by appropriate (3) When offering hearing protectors, calibration device, and by listening to a railroad shall consider an employee’s the audiometer’s output to make sure ability to understand and respond to that the output is free from distorted voice radio communications and audi- or unwanted sounds. Deviations of 10 ble warnings. decibels or greater require an acoustic (4) The railroad shall give employees calibration. the opportunity to select their hearing (2) Audiometer calibration shall be protectors from a variety of suitable checked acoustically at least annually hearing protectors. The selection shall according to the procedures described include devices with a range of attenu- in ANSI S3.6–2004. Frequencies below ation levels. 500 Hz and above 8000 Hz may be omit- (5) The railroad shall provide train- ted from this check. The audiometer ing in the use and care of all hearing must meet the sound pressure accuracy protectors provided to employees. requirements of section 7.2 of ANSI (6) The railroad shall ensure proper S3.6–2004 of 3 dB at any test frequency initial fitting and supervise the correct between 500 and 5000 Hz and 5 dB at any use of all hearing protectors. test frequency 6000 Hz and higher for (b) Availability of hearing protectors. A the specific type of transducer used. railroad shall make hearing protectors For air-conduction supra-aural ear- available to all employees exposed to phones, the specifications in Table 6 of sound levels that meet or exceed the ANSI S3.6–2004 shall apply. For air-con- action level. duction insert earphones, the specifica- (c) Required use at action level. A rail- tions in Table 7 of ANSI S3.6–2004 shall road shall require the use of hearing apply. Audiometers that do not meet protectors when an employee is ex- these requirements must undergo an posed to sound levels that meet or ex- exhaustive calibration. ceed the action level, and the employee (3) Exhaustive Calibration. An ex- has: haustive calibration shall be performed (1) Not yet had a baseline audiogram in accordance with ANSI S3.6–2004, ac- established pursuant to § 227.109; or cording to the following schedule: (2) Experienced a standard threshold (i) At least once every two years on shift and is required to use hearing pro- audiometers not used in mobile test tectors under § 227.109(h). vans. Test frequencies below 500 Hz and (d) Required use for TWA of 90 dB(A). above 6000 Hz may be omitted from this The railroad shall require the use of calibration. hearing protectors when an employee

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is exposed to sound levels equivalent to (1) For employees hired after Feb- an 8-hour TWA of 90 dB(A) or greater. ruary 26, 2007, within six months of the The hearing protectors should be used employee’s first tour of duty in a posi- to reduce sound levels to within those tion identified within the scope of this levels required by appendix A of this part. part. (2) For employees hired on or before February 26, 2007, by Class 1, passenger, § 227.117 Hearing protector attenu- and commuter railroads, and railroads ation. with 400,000 or more annual employee (a) A railroad shall evaluate hearing hours, by no later than February 26, protector attenuation for the specific 2009; noise environments in which the pro- (3) For employees hired on or before tector will be used. The railroad shall February 26, 2007, by railroads with use one of the evaluation methods de- fewer than 400,000 annual employee scribed in appendix B of this part; hours, by no later than February 26, ‘‘Methods for Estimating the Adequacy 2010. of Hearing Protector Attenuation.’’ (c) The training program shall in- (b) Hearing protectors shall attenu- clude and the training materials shall ate employee exposure to an 8-hour reflect, at a minimum, information on TWA of 90 decibels or lower, as re- all of the following: quired by § 227.115. (1) The effects of noise on hearing; (c) For employees who have experi- (2) The purpose of hearing protectors; enced a standard threshold shift, hear- (3) The advantages, disadvantages, ing protectors must attenuate em- and attenuation of various types of ployee exposure to an 8-hour time- hearing protectors; weighted average of 85 decibels or (4) Instructions on selection, fitting, lower. use, and care of hearing protectors; (d) The adequacy of hearing protector (5) The purpose of audiometric test- attenuation shall be re-evaluated ing, and an explanation of the test pro- whenever employee noise exposures in- cedures; crease to the extent that the hearing (6) An explanation of noise oper- protectors provided may no longer pro- ational controls, where used; vide adequate attenuation. A railroad (7) General information concerning shall provide more effective hearing the expected range of workplace noise protectors where necessary. exposure levels associated with major categories of railroad equipment and § 227.119 Training program. operations (e.g., switching and road as- (a) The railroad shall institute an oc- signments, hump yards near retarders, cupational noise and hearing conserva- etc.) and appropriate reference to re- tion training program for all employ- quirements of the railroad concerning ees included in the hearing conserva- use of hearing protectors; tion program. (8) The purpose of noise monitoring (1) The railroad shall offer the train- and a general description of monitoring ing program to each employee included procedures; in the hearing conservation program at (9) The availability of a copy of this least once each calendar year. The in- part, an explanation of the require- terval between the date offered to any ments of this part as they affect the re- employee for the training in a calendar sponsibilities of employees, and em- year and the date offered in the subse- ployees’ rights to access records under quent calendar year shall be no more this part; than 450 days and no less than 280 days. (10) How to determine what can trig- (2) The railroad shall require each ger an excessive noise report, pursuant employee included in the hearing con- to § 229.121(b); and servation program to complete the (11) How to file an excessive noise re- training at least once every 1095 days. port, pursuant to § 229.121(b). (b) The railroad shall provide the training required by paragraph (a) of § 227.121 Recordkeeping. this section in accordance with the fol- (a) General requirements—(1) Avail- lowing: ability of records. Each railroad required

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to maintain and retain records under ance with this part shall be made avail- this part shall: able for inspection and copying/ (i) Make all records available for in- photocopying by representatives of the spection and copying/photocopying to FRA. representatives of the FRA, upon re- (3) Transfer of records. If a railroad quest; ceases to do business, it shall transfer (ii) Make an employee’s records to the successor employer all records available for inspection and copying/ required to be maintained under this photocopying to that employee, former subpart, and the successor employer employee, or such person’s representa- shall retain them for the remainder of tive upon written authorization by the period prescribed in this part. such employee; (b) Exposure measurements records. The (iii) Make exposure measurement railroad shall: records for a given run or yard avail- (1) Maintain an accurate record of all able for inspection and copying/ employee exposure measurements re- photocopying to all employees who quired by § 227.103; and were present in the locomotive cab dur- (2) Retain these records for the dura- ing the given run and/or who work in tion of the covered employee’s employ- the same yard; and ment plus thirty years. (iv) Make exposure measurement (c) Audiometric test records. The rail- records for specific locations available road shall: to regional or national labor represent- (1) Maintain employee audiometric atives, upon request. These reports test records required by § 227.109, in- shall not contain identifying informa- cluding: tion of an employee unless an employee (i) The name and classification of authorizes the release of such informa- the employee; tion in writing. (ii) The date of the audiogram; (2) Electronic records. All records re- (iii) The examiner’s name; quired by this part may be kept in elec- (iv) The date of the last acoustic or tronic form by the railroad. A railroad exhaustive calibration of the audiom- may maintain and transfer records eter; through electronic transmission, stor- (v) Accurate records of the measure- age, and retrieval provided that: ments of the background sound pres- (i) The electronic system be designed sure levels in audiometric test rooms; so that the integrity of each record is (vi) The model and serial number of maintained through appropriate levels the audiometer used for testing; and of security such as recognition of an (2) Retain the records required by electronic signature, or other means, § 227.107 for the duration of the covered which uniquely identify the initiating employee’s plus thirty person as the author of that record. No years. two persons shall have the same elec- (d) Positions and persons designated tronic identity; records. The railroad shall: (ii) The electronic system shall en- (1) Maintain a record of all positions sure that each record cannot be modi- or persons or both designated by the fied in any way, or replaced, once the railroad to be placed in a Hearing Con- record is transmitted and stored; servation Program pursuant to (iii) Any amendment to a record shall § 227.107; and be electronically stored apart from the (2) Retain these records for the dura- record which it amends. Each amend- tion of the designation. ment to a record shall be uniquely (e) Training program materials records. identified as to the person making the The railroad shall: amendment; (1) Maintain copies of all training (iv) The electronic system shall pro- program materials used to comply with vide for the maintenance of records as § 227.119(c) and a record of employees originally submitted without corrup- trained; and tion or loss of data; and (2) Retain these copies and records (v) Paper copies of electronic records for three years. and amendments to those records, that (f) Standard threshold shift records. may be necessary to document compli- The railroad shall:

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(1) Maintain a record of all employ- TABLE A–1 1 ees who have been found to have expe- Duration rienced a standard threshold shift A-weighted sound level, L permitted within the prior calendar year and in- (decibel) T clude all of the following information (hour) for each employee on the record: 80 ...... 32 (i) Date of the employee’s baseline 81 ...... 27 .9 82 ...... 24 .3 audiogram; 83 ...... 21 .1 (ii) Date of the employee’s most re- 84 ...... 18 .4 cent audiogram; 85 ...... 16 (iii) Date of the establishment of a 86 ...... 13 .9 87 ...... 12 .1 standard threshold shift; 88 ...... 10 .6 (iv) The employee’s job code; and 89 ...... 9 .2 (v) An indication of how many stand- 90 ...... 8 91 ...... 7 .0 ard threshold shifts the employee has 92 ...... 6 .1 experienced in the past, if any; and 93 ...... 5 .3 (2) Retain these records for five 94 ...... 4 .6 years. 95 ...... 4 96 ...... 3 .5 97 ...... 3 .0 98 ...... 2 .6 99 ...... 2 .3 100 ...... 2 APPENDIX A TO PART 227—NOISE 101 ...... 1 .7 EXPOSURE COMPUTATION 102 ...... 1 .5 103 ...... 1 .3 This appendix is mandatory. 104 ...... 1 .1 105 ...... 1 I. COMPUTATION OF EMPLOYEE NOISE 106 ...... 0 .87 EXPOSURE 107 ...... 0 .76 108 ...... 0 .66 A. Noise dose is computed using Table A– 109 ...... 0 .57 1 as follows: 110 ...... 0 .5 1. When the sound level, L, is constant over 111 ...... 0 .44 the entire work day, the noise dose, D, in 112 ...... 0 .38 percent, is given by: D = 100 C/T, where C is 113 ...... 0 .33 114 ...... 0 .29 the total length of the work day, in hours, 115 ...... 0 .25 and T is the duration permitted cor- 116 ...... 0 .22 responding to the measured sound level, L, 117 ...... 0 .19 as given in Table A–1. 118 ...... 0 .16 2. When the work day noise exposure is 119 ...... 0 .14 composed of two or more periods of noise at 120 ...... 0 .125 121 ...... 0 .11 different levels, the total noise dose over the 122 ...... 0 .095 work day is given by: 123 ...... 0 .082 D = 100 (C1/T1 + C2/T2 + . . . + Cn/Tn), where 124 ...... 0 .072 Cn indicates the total time of exposure at a 125 ...... 0 .063 specific noise level, and Tn indicates the du- 126 ...... 0 .054 ration permitted for that level as given by 127 ...... 0 .047 128 ...... 0 .041 Table A–1. 129 ...... 0 .036 B. The eight-hour TWA in dB may be com- 130 ...... 0 .031 puted from the dose, in percent, by means of 140 ...... 0 .078 the formula: TWA = 16.61 log10 (D/100) + 90. 1 Numbers above 115 dB(A) are italicized to indicate that For an eight-hour work day with the noise they are noise levels that are not permitted. The italicized numbers are included only because they are sometimes nec- level constant over the entire day, the TWA essary for the computation of noise dose. is equal to the measured sound level. C. Exposure to impulsive or impact noise In the above table the duration permitted, should not exceed 140 dB peak sound pressure T, is computed by level. D. Any time that an employee spends 8 T = deadheading shall be included in the calcula- ()L−90/ 5 tion of the noise dose. 2 E. A table relating dose and TWA is given where L is the measured A-weighted sound in Section II of this Appendix. level.

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II. CONVERSION BETWEEN ‘‘DOSE’’ AND ‘‘8- TABLE A–2—CONVERSION FROM ‘‘PERCENT HOUR TIME-WEIGHTED AVERAGE’’ SOUND NOISE EXPOSURE’’ OR ‘‘DOSE’’ TO ‘‘8-HOUR LEVEL TIME-WEIGHTED AVERAGE SOUND LEVEL’’ A. Compliance with subpart B of part 227 is (TWA)—Continued determined by the amount of exposure to noise in the workplace. The amount of such Dose or percent noise TWA exposure is usually measured with a dosim- exposure eter which gives a readout in terms of 100 ...... 90.0 ‘‘dose.’’ In order to better understand the re- 101 ...... 90.1 quirements of the regulation, dosimeter 102 ...... 90.1 readings can be converted to an ‘‘8-hour 103 ...... 90.2 TWA.’’ 104 ...... 90.3 B. In order to convert the reading of a do- 105 ...... 90.4 106 ...... 90.4 simeter into TWA, see Table A–2, below. This 107 ...... 90.5 table applies to dosimeters that are set by 108 ...... 90.6 the manufacturer to calculate dose or per- 109 ...... 90.6 cent exposure according to the relationships 110 ...... 90.7 in Table A–1. So, for example, a dose of 91 111 ...... 90.8 percent over an eight-hour day results in a 112 ...... 90.8 TWA of 89.3 dB, and a dose of 50 percent cor- 113 ...... 90.9 114 ...... 90.9 responds to a TWA of 85 dB. 115 ...... 91.1 C. If the dose as read on the dosimeter is 116 ...... 91.1 less than or greater than the values found in 117 ...... 91.1 Table A–2, the TWA may be calculated by 118 ...... 91.2 using the formula: TWA = 16.61 log10 (D/100) 119 ...... 91.3 + 90 where TWA = 8-hour time-weighted av- 120 ...... 91.3 erage sound level and D = accumulated dose 125 ...... 91.6 130 ...... 91.9 in percent exposure. 135 ...... 92.2 140 ...... 92.4 TABLE A–2—CONVERSION FROM ‘‘PERCENT 145 ...... 92.7 NOISE EXPOSURE’’ OR ‘‘DOSE’’ TO ‘‘8-HOUR 150 ...... 92.9 155 ...... 93.2 TIME-WEIGHTED AVERAGE SOUND LEVEL’’ 160 ...... 93.4 (TWA) 165 ...... 93.6 170 ...... 93.8 Dose or percent noise TWA 175 ...... 94.0 exposure 180 ...... 94.2 185 ...... 94.4 10 ...... 73.4 190 ...... 94.6 15 ...... 76.3 195 ...... 94.8 20 ...... 78.4 200 ...... 95.0 25 ...... 80.0 30 ...... 81.3 210 ...... 95.4 35 ...... 82.4 220 ...... 95.7 40 ...... 83.4 230 ...... 96.0 45 ...... 84.2 240 ...... 96.3 50 ...... 85.0 250 ...... 96.6 55 ...... 85.7 260 ...... 96.9 60 ...... 86.3 270 ...... 97.2 65 ...... 86.9 280 ...... 97.4 70 ...... 87.4 290 ...... 97.7 75 ...... 87.9 300 ...... 97.9 80 ...... 88.4 310 ...... 98.2 81 ...... 88.5 320 ...... 98.4 82 ...... 88.6 330 ...... 98.6 83 ...... 88.7 340 ...... 98.8 84 ...... 88.7 350 ...... 99.0 85 ...... 88.8 360 ...... 99.2 86 ...... 88.9 370 ...... 99.4 87 ...... 89.0 380 ...... 99.6 88 ...... 89.1 390 ...... 99.8 89 ...... 89.2 400 ...... 100.0 90 ...... 89.2 410 ...... 100.2 91 ...... 89.3 420 ...... 100.4 92 ...... 89.4 430 ...... 100.5 93 ...... 89.5 440 ...... 100.7 94 ...... 89.6 450 ...... 100.8 95 ...... 89.6 460 ...... 101.0 96 ...... 89.7 470 ...... 101.2 97 ...... 89.8 480 ...... 101.3 98 ...... 89.9 490 ...... 101.5 99 ...... 89.9 500 ...... 101.6

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TABLE A–2—CONVERSION FROM ‘‘PERCENT B. Reduce the resulting amount by: NOISE EXPOSURE’’ OR ‘‘DOSE’’ TO ‘‘8-HOUR 1. 20% for , TIME-WEIGHTED AVERAGE SOUND LEVEL’’ 2. 40% for form-able , or (TWA)—Continued 3. 60% for all other earplugs. C. Subtract the remaining amount from Dose or percent noise TWA the A-weighted TWA. You will have the esti- exposure mated A-weighted TWA for that hearing pro- 510 ...... 101.8 tector. 520 ...... 101.9 530 ...... 102.0 II. METHOD B FROM ANSI S12.6–1997 540 ...... 102.2 (REAFFIRMED 2002) 550 ...... 102.3 560 ...... 102.4 Use Method B, which is found in ANSI 570 ...... 102.6 S12.6–1997 (Reaffirmed 2002) ‘‘Methods for 580 ...... 102.7 Measuring the Real-Ear Attenuation of 590 ...... 102.8 600 ...... 102.9 Hearing Protectors.’’ The Director of the 610 ...... 103.0 Federal Register approves the incorporation 620 ...... 103.2 by reference of this standard in accordance 630 ...... 103.3 with 5 U.S.C. 552(a) and 1 CFR part 51. You 640 ...... 103.4 may obtain a copy of the incorporated stand- 650 ...... 103.5 660 ...... 103.6 ard from the American National Standards 670 ...... 103.7 Institute at 1819 L Street, NW., Washington, 680 ...... 103.8 DC 20036, or http://www.ansi.org. You may in- 690 ...... 103.9 spect a copy of the incorporated standard at 700 ...... 104.0 the Federal Railroad Administration, Dock- 710 ...... 104.1 720 ...... 104.2 et Room, 1200 New Jersey Avenue, SE., 730 ...... 104.3 Washington, DC 20590, or at the National Ar- 740 ...... 104.4 chives and Records Administration (NARA). 750 ...... 104.5 For information on the availability of this 760 ...... 104.6 material at NARA, call 202–741–6030, or go to 770 ...... 104.7 780 ...... 104.8 http://www.archives.gov/federallregister/ 790 ...... 104.9 codeloflfederallregulations/ 800 ...... 105.0 ibrllocations.html. 810 ...... 105.1 820 ...... 105.2 III. OBJECTIVE MEASUREMENT 830 ...... 105.3 840 ...... 105.4 Use actual measurements of the level of 850 ...... 105.4 noise exposure (as an A-weighted SLOW re- 860 ...... 105.5 sponse dose) inside the hearing protector 870 ...... 105.6 when the employee wears the hearing pro- 880 ...... 105.7 890 ...... 105.8 tector in the actual work environment. 900 ...... 105.8 [71 FR 63123, Oct. 27, 2006, as amended at 74 910 ...... 105.9 920 ...... 106.0 FR 25173, May 27, 2009] 930 ...... 106.1 940 ...... 106.2 APPENDIX C TO PART 227—AUDIOMETRIC 950 ...... 106.2 BASELINE REVISION 960 ...... 106.3 970 ...... 106.4 980 ...... 106.5 This appendix is mandatory beginning on 990 ...... 106.5 February 26, 2009. 999 ...... 106.6 I. GENERAL

APPENDIX B TO PART 227—METHODS FOR A. A professional reviewer (audiologist, ESTIMATING THE ADEQUACY OF otolaryngologist, or physician) shall use HEARING PROTECTOR ATTENUATION these procedures when revising baseline audiograms. This appendix is mandatory. B. Although these procedures can be pro- Employers must select one of the following grammed by a computer to identify records three methods by which to estimate the ade- for potential revision, the final decision for quacy of hearing protector attenuation. revision rests with a human being. Because the goal of the guidelines is to foster consist- I. DERATE BY TYPE ency among different professional reviewers, Derate the hearing protector attenuation human override of the guidelines must be by type using the following requirements: justified by specific concrete reasons. A. Subtract 7 dB from the published Noise C. These procedures do not apply to: The Reduction Rating (NRR). identification of standard threshold shifts

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(STS) other than an FRA STS 1 or to the cal- next test given at least 6 months later), then culation of the 25-dB average shifts that are the record should be identified for review by reportable on the Form FRA F 6180.55a. the audiologist, otolaryngologist, or physi- D. Initially, the baseline is the latest cian for potential revision of the baseline for audiogram obtained before entry into the persistent worsening. Unless the audiologist, hearing conservation program. If no appro- otolaryngologist, or physician determines priate pre-entry audiogram exists, the base- and documents specific reasons for not revis- line is the first audiogram obtained after ing, the baseline for that ear should be re- entry into the hearing conservation pro- vised to the test which shows the lower gram. Each subsequent audiogram is re- (more sensitive) value for the average of viewed to detect improvement in the average thresholds at 2, 3, and 4 kHz. If both tests (average of thresholds at 2, 3, and 4 kHz) and show the same numerical value for the aver- to detect an FRA STS. The two ears are ex- age of 2, 3, and 4 kHz, then the audiologist, amined separately and independently for im- otolaryngologist, or physician should revise provement and for worsening. If one ear the baseline to the earlier of the two tests, meets the criteria for revision of baseline, unless the later test shows better (more sen- then the baseline is revised for that ear only. sitive) thresholds for other test frequencies. Therefore, if the two ears show different B. Following an STS, a retest within 90 hearing trends, the baseline for the left ear days of the periodic test may be substituted may be from one test date, while the base- for the periodic test if the retest shows bet- line for the right ear may be from a different ter (more sensitive) results for the average test date. threshold at 2, 3, and 4 kHz. E. Age corrections do not apply in consid- C. If the retest is used in place of the peri- ering revisions for improvement (Rule 1). odic test, then the periodic test is retained The FRA-allowed age corrections from ap- in the record, but it is marked in such a way pendix F of Part 227 2 may be used, if desired, that it is no longer considered in baseline re- before considering revision for persistent vision evaluations. If a retest within 90 days STS. Rule 2 operates in the same way, of periodic test confirms an FRA STS shown whether age corrections are used or not. on the periodic test, the baseline will not be II. RULE 1: REVISION FOR PERSISTENT revised at that point because the required IMPROVEMENT six-month interval between tests showing STS persistence has not been met. The pur- If the average of the thresholds for 2, 3, and pose of the six-month requirement is to pre- 4 kHz for either ear shows an improvement vent premature baseline revision when STS of 5 dB or more from the baseline value, and is the result of temporary medical conditions the improvement is present on one test and affecting hearing. persistent on the next test, then the record D. Although a special retest after six should be identified for review by the audiol- months could be given, if desired, to assess ogist, otolaryngologist, or physician for po- whether the STS is persistent, in most cases, tential revision of the baseline for persistent the next annual audiogram would be used to improvement. The baseline for that ear evaluate persistence of the STS. should be revised to the test which shows the lower (more sensitive) value for the average of thresholds at 2, 3, and 4 kHz unless the au- APPENDIX D TO PART 227—AUDIOMETRIC diologist, otolaryngologist, or physician de- TEST ROOMS termines and documents specific reasons for This appendix is mandatory. not revising. If the values of the three-fre- quency average are identical for the two A. Rooms used for audiometric testing tests, then the earlier test becomes the re- shall not have background sound pressure vised baseline. levels exceeding those in Table D–1 when measured by equipment conforming at least III. RULE 2: REVISION FOR PERSISTENT to the Type 2 requirements of ANSI S1.4–1983 STANDARD THRESHOLD SHIFT (Reaffirmed 2001) and to the Class 2 require- ments of ANSI S1.11–2004, ‘‘Specification for A. If the average of thresholds for 2, 3, and Octave-Band and Fractional-Octave-Band 4 kHz for either ear shows a worsening of 10 Analog and Digital Filters.’’ dB or more from the baseline value, and the B. The Director of the Federal Register ap- STS persists on the next periodic test (or the proves the incorporation by reference of ANSI S1.4–1983 (Reaffirmed 2001) and S.1.11– 1 OSHA and FRA use the same definition 2004 in this section in accordance with 5 for Standard Threshold Shift (STS). FRA’s U.S.C. 552(a) and 1 CFR part 51. You may ob- definition is located in § 227.5. OSHA’s defini- tain a copy of the incorporated standard tion is located in 29 CFR 1910.95(g)(10)(i). from the American National Standards Insti- 2 FRA and OSHA use the same age-correc- tute at 1819 L Street, NW., Washington, DC tion provisions. FRA’s is found in appendix F 20036 or http://www.ansi.org. You may inspect of part 227 and OSHA’s in appendix F of 29 a copy of the incorporated standard at the CFR 1910.95. Federal Railroad Administration, Docket

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Room, 1200 New Jersey Avenue, SE., Wash- rial at NARA, call 202–741–6030, or go to ington, DC 20590, or at the National Archives http://www.archives.gov/federallregister/ and Records Administration (NARA). For in- codeloflfederallregulations/ formation on the availability of this mate- ibrllocations.html.

TABLE D–1—MAXIMUM ALLOWABLE OCTAVE-BAND SOUND PRESSURE LEVELS FOR AUDIOMETRIC TEST ROOMS

Octave-band center frequency (Hz) 500 1000 2000 4000 8000

Sound pressure levels—supra-aural earphones ...... 40 40 47 57 62 Sound pressure levels—insert earphones ...... 50 47 49 50 56

[71 FR 63123, Oct. 27, 2006, as amended at 74 a copy of the incorporated standard at the FR 25173, May 27, 2009] Federal Railroad Administration, Docket Room, 1200 New Jersey Avenue, SE., Wash- APPENDIX E TO PART 227—USE OF IN- ington, DC 20590, or at the National Archives SERT EARPHONES FOR AUDIOMETRIC and Records Administration (NARA). For in- TESTING formation on the availability of this mate- rial at NARA, call 202–741–6030, or go to This appendix is mandatory. http://www.archives.gov/federallregister/ Section 227.111(d) allows railroads to use codeloflfederallregulations/ insert earphones for audiometric testing. ibrllocations.html. Railroads are not required to use insert ear- phones, however, where they elect to use in- B. Audiometers used with insert earphones sert earphones, they must comply with the must be calibrated using one of the couplers requirements of this appendix. listed in Table 7 of ANSI S3.6–2004. C. The acoustical calibration shall be con- I. ACCEPTABLE FIT ducted annually. A. The audiologist, otolaryngologist, or D. The functional calibration must be con- other physician responsible for conducting ducted before each day’s use of the audiom- the audiometric testing, shall identify ear eter. canals that prevent achievement of an ac- ceptable fit with insert earphones, or shall IV. BACKGROUND NOISE LEVELS assure that any technician under his/her au- Testing shall be conducted in a room where thority who conducts audiometric testing the background ambient noise octave-band with insert earphones has the ability to iden- sound pressures levels meet appendix D to tify such ear canals. this part. B. Technicians who conduct audiometric tests must be trained to insert the earphones V. CONVERSION FROM SUPRA AURAL correctly into the ear canals of test subjects EARPHONES and to recognize conditions where ear canal size prevents achievement of an acceptable At the time of conversion from supra-aural insertion depth (fit). to insert earphones, testing must be per- C. Insert earphones shall not be used for formed with both types of earphones. audiometric testing of employees with ear A. The test subject must have a quiet pe- canal sizes that prevent achievement of an riod of at least 14 hours before testing. Hear- acceptable insertion depth (fit). ing protectors may be used as a substitute II. PROPER USE for the quiet period. B. The supra-aural earphone audiogram The manufacturer’s guidelines for proper shall be compared to the baseline audiogram, use of insert earphones must be followed. or the revised baseline audiogram if appro- III. AUDIOMETER CALIBRATION priate, to check for a Standard Threshold Shift (STS). In accordance with § 227.109(f)(2), A. Audiometers used with insert earphones if the audiogram shows an STS, retesting must be calibrated in accordance with ANSI with supra-aural earphones must be per- S3.6–2004, ‘‘Specification for Audiometers.’’ formed within 90 days. If the resulting audio- The Director of the Federal Register ap- gram confirms the STS, then it is adopted as proves the incorporation by reference of this the current test instead of the prior one. standard in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may ob- C. If retesting with supra-aural earphones tain a copy of the incorporated standard is performed, then retesting with insert ear- from the American National Standards Insti- phones must be performed at that time to es- tute at 1819 L Street, NW., Washington, DC tablish the baseline for future audiometric 20036 or http://www.ansi.org. You may inspect tests using the insert earphones.

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VI. REVISED BASELINE AUDIOGRAMS served as records and maintained according to § 227.121(c). A. If an STS is confirmed by the re-test with supra-aural earphones, the audiogram [71 FR 63123, Oct. 27, 2006, as amended at 74 may become the revised baseline audiogram FR 25173, May 27, 2009] per the requirements of § 227.109(i) for all fu- ture hearing tests with supra-aural ear- APPENDIX F TO PART 227—CALCULA- phones. The insert-earphone audiogram will TIONS AND APPLICATION OF AGE COR- become the new reference baseline audio- RECTIONS TO AUDIOGRAMS gram for all future hearing tests performed with insert earphones. This appendix is non-mandatory. B. If an STS is not indicated by the test In determining whether a standard thresh- with supra-aural earphones, the baseline old shift (STS) has occurred, allowance may audiogram remains the reference baseline be made for the contribution of aging to the audiogram for all future supra-aural ear- change in hearing level by adjusting the phone tests, until such time as an STS is ob- most recent audiogram. If the employer served. In this case, the insert-earphone chooses to adjust the audiogram, the em- audiogram taken at the same time will be- ployer shall follow the procedure described come the new reference baseline audiogram below. This procedure and the age correction for all future hearing tests performed with tables were developed by the National Insti- insert earphones. tute for Occupational Safety and Health in a C. Transitioning Employees with Partial criteria document. See ‘‘Criteria for a Rec- Shifts. Employers must account for the ommended Standard: Occupational Exposure workers who are in the process of developing to Noise,’’ Department of Health and Human an STS (e.g., demonstrate a 7 dB average Services (NIOSH) Publication No. 98–126. For shift), but who at the time of the conversion each audiometric test frequency: to insert earphones do not have a 10 dB aver- I. Determine from Tables F–1 or F–2 the age shift. Employers who want to use insert age correction values for the employee by: earphones must enter the 7 dB shift informa- A. Finding the age at which the most re- tion in the employee’s audiometric test cent audiogram was taken and recording the records although it is not an ‘‘STS’’. When corresponding values of age corrections at the next annual audiogram using insert ear- 1000 Hz through 6000 Hz; phones shows an average threshold shift at 2000, 3000 and 4000 Hz of 3 dB, completing the B. Finding the age at which the baseline full shift (7 dB + 3 dB), employers must then audiogram was taken and recording the cor- label that average shift as an STS. This trig- responding values of age corrections at 1000 gers the follow-up procedures at § 227.109(h). Hz through 6000 Hz. II. Subtract the values found in step (I)(B) VII. RECORDS from the value found in step (I)(A). III. The differences calculated in step (II) All audiograms (including both those pro- represented that portion of the change in duced through the use of insert earphones hearing that may be due to aging. and supra-aural headsets), calculations, pure-tone individual and average threshold Example: Employee is a 32-year-old male. shifts, full STS migrations, and audiometric The audiometric history for his right ear is acoustical calibration records, are to be pre- shown in decibels below.

Audiometric test frequency Employee’s age (Hz) 1000 2000 3000 4000 6000

26 ...... 10 5 5 10 5 27* ...... 0 0 0 5 5 28 ...... 0 0 0 10 5 29 ...... 5 0 5 15 5 30 ...... 0 5 10 20 10 31 ...... 5 10 20 15 15 32* ...... 5 10 10 25 20

a. The audiogram at age 27 is considered b. (The threshold shift is computed by sub- the baseline since it shows the best hearing tracting the hearing threshold at age 27, threshold levels. Asterisks have been used to which was 5, from the hearing threshold at identify the baseline and most recent audio- age 32, which is 25). A retest audiogram has gram. A threshold shift of 20 dB exists at 4000 confirmed this shift. The contribution of Hz between the audiograms taken at ages 27 aging to this change in hearing may be esti- and 32. mated in the following manner:

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c. Go to Table F–1 and find the age correc- tion values (in dB) for 4000 Hz at age 27 and age 32.

Frequency (Hz) 1000 2000 3000 4000 6000

Age 32...... 6 5 7 10 14 Age 27...... 5 4 6 7 11

Difference ...... 1 1 1 3 3

d. The difference represents the amount of ment. Then the hearing threshold in the hearing loss that may be attributed to aging baseline audiogram at 4000 Hz (5) is sub- in the time period between the baseline tracted from the adjusted annual audiogram audiogram and the most recent audiogram. hearing threshold at 4000 Hz (22). Thus the In this example, the difference at 4000 Hz is age-corrected threshold shift would be 17 dB 3 dB. This value is subtracted from the hear- (as opposed to a threshold shift of 20 dB ing level at 4000 Hz, which in the most recent without age correction). audiogram is 25, yielding 22 after adjust-

TABLE F–1—AGE CORRECTION VALUES IN DECIBELS FOR MALES

Audiometric test frequencies Years (Hz) 1000 2000 3000 4000 6000

20 or younger...... 5 3 4 5 8 21 ...... 5 3 4 5 8 22 ...... 5 3 4 5 8 23 ...... 5 3 4 6 9 24 ...... 5 3 5 6 9 25 ...... 5 3 5 7 10 26 ...... 5 4 5 7 10 27 ...... 5 4 6 7 11 28 ...... 6 4 6 8 11 29 ...... 6 4 6 8 12 30 ...... 6 4 6 9 12 31 ...... 6 4 7 9 13 32 ...... 6 5 7 10 14 33 ...... 6 5 7 10 14 34 ...... 6 5 8 11 15 35 ...... 7 5 8 11 15 36 ...... 7 5 9 12 16 37 ...... 7 6 9 12 17 38 ...... 7 6 9 13 17 39 ...... 7 6 10 14 18 40 ...... 7 6 10 14 19 41 ...... 7 6 10 14 20 42 ...... 8 7 11 16 20 43 ...... 8 7 12 16 21 44 ...... 8 7 12 17 22 45 ...... 8 7 13 18 23 46 ...... 8 8 13 19 24 47 ...... 8 8 14 19 24 48 ...... 9 8 14 20 25 49 ...... 9 9 15 21 26 50 ...... 9 9 16 22 27 51 ...... 9 9 16 23 28 52 ...... 9 10 17 24 29 53 ...... 9 10 18 25 30 54 ...... 10 10 18 26 31 55 ...... 10 11 19 27 32 56 ...... 10 11 20 28 34 57 ...... 10 11 21 29 35 58 ...... 10 12 22 31 36 59 ...... 11 12 22 32 37 60 or older ...... 11 13 23 33 38

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TABLE F–2—AGE CORRECTION VALUES IN DECIBELS FOR FEMALES

Audiometric test frequencies Years (Hz) 1000 2000 3000 4000 6000

20 or younger...... 7 4 3 3 6 21 ...... 7 4 4 3 6 22 ...... 7 4 4 4 6 23 ...... 7 5 4 4 7 24 ...... 7 5 4 4 7 25 ...... 8 5 4 4 7 26 ...... 8 5 5 4 8 27 ...... 8 5 5 5 8 28 ...... 8 5 5 5 8 29 ...... 8 5 5 5 9 30 ...... 8 6 5 5 9 31 ...... 8 6 6 5 9 32 ...... 9 6 6 6 10 33 ...... 9 6 6 6 10 34 ...... 9 6 6 6 10 35 ...... 9 6 7 7 11 36 ...... 9 7 7 7 11 37 ...... 9 7 7 7 12 38 ...... 10 7 7 7 12 39 ...... 10 7 8 8 12 40 ...... 10 7 8 8 13 41 ...... 10 8 8 8 13 42 ...... 10 8 9 9 13 43 ...... 11 8 9 9 14 44 ...... 11 8 9 9 14 45 ...... 11 8 10 10 15 46 ...... 11 9 10 10 15 47 ...... 11 9 10 11 16 48 ...... 12 9 11 11 16 49 ...... 12 9 11 11 16 50 ...... 12 10 11 12 17 51 ...... 12 10 12 12 17 52 ...... 12 10 12 13 18 53 ...... 13 10 13 13 18 54 ...... 13 11 13 14 19 55 ...... 13 11 14 14 19 56 ...... 13 11 14 15 20 57 ...... 13 11 15 15 20 58 ...... 14 12 15 16 21 59 ...... 14 12 16 16 21 60 or older ...... 14 12 16 17 22

PART 228—PASSENGER TRAIN EM- 228.17 Dispatcher’s record of train move- ments. PLOYEE HOURS OF SERVICE; 228.19 Monthly reports of excess service. RECORDKEEPING AND REPORT- 228.21 [Reserved] ING; SLEEPING QUARTERS 228.23 [Reserved]

Subpart A—General Subpart C— of Railroad- Provided Sleeping Quarters Sec. 228.1 Scope. 228.101 Distance requirement; definitions. 228.3 Application and responsibility for 228.102 Distance requirement for camp cars compliance. provided as sleeping quarters exclusively 228.5 Definitions. to MOW workers. 228.6 Penalties. 228.103 Approval procedure: construction Subpart B—Records and Reporting within one-half mile (2,640 feet) (804 me- ters). 228.7 Hours of duty. 228.105 Additional requirements; construc- 228.9 Manual, electronic, and automated tion within one-third mile (1,760 feet) (536 records; general. meters) of certain switching. 228.11 Hours of duty records. 228.13 [Reserved]

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