367 Part 223—Safety Glazing Standards—Locomotives

Federal Railroad Administration, DOT § 223.5

PART 223—SAFETY GLAZING (i) Locomotives, cabooses, and pas- STANDARDS—LOCOMOTIVES, senger cars that are historic or more PASSENGER CARS AND CA- than 50 years old and, except for incidental freight service, are used only for BOOSES excursion, educational, recreational, or private transportation purposes; and Subpart A—General (ii) Cabooses and passenger cars in a Sec. railroad’s fleet on April 11, 2016 that 223.1 Scope. are used only for the railroad’s private 223.3 Application. transportation purposes. Each such 223.5 Definitions. railroad caboose or car that is equipped 223.7 Responsibility. with glazing that complies with the glazing requirements contained in ap- Subpart B—Specific Requirements pendix A to this part as of February 9, 2016, must remain in compliance with 223.8 Additional requirements for passenger equipment. those requirements. 223.9 Requirements for new or rebuilt equip- (4) Locomotives that are used exclu- ment. sively in designated service as defined 223.11 Requirements for existing loco- in § 223.5. motives. (c) Except as provided in paragraph 223.13 Requirements for existing cabooses. (b)(3) of this section, this paragraph (c) 223.15 Requirements for existing passenger applies, as specified, to each loco- cars. motive, passenger car, and caboose 223.17 [Reserved] built after 1945 that is more than 50 APPENDIX A TO PART 223—CERTIFICATION OF years old and is used only for excur- GLAZING MATERIALS sion, educational, recreational, or pri- AUTHORITY: 49 U.S.C. 20102–20103, 20133, vate transportation purposes. 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461, (1) Each such passenger car must note; and 49 CFR 1.89. comply with the emergency window requirements contained in § 223.9(c) or Subpart A—General § 223.15(c), as appropriate, when it is occupied and operates in an intercity pas- § 223.1 Scope. senger or commuter train subject to This part provides minimum require- part 238 of this chapter. A tool or other ments for glazing materials in order to instrument may be used to remove or protect railroad employees and rail- break an emergency window if the tool road passengers from injury as a result or other instrument is clearly marked of objects striking the windows of loco- and legible and understandable instruc- motives, caboose and passenger cars. tions are provided for its use. (2) Each such locomotive, passenger [44 FR 77352, Dec. 31, 1979] car, and caboose that is equipped with glazing that complies with the glazing § 223.3 Application. requirements contained in appendix A (a) This part applies to railroads that to this part as of February 9, 2016, must operate rolling equipment on standard remain in compliance with those re- gauge track that is a part of the gen- quirements. eral railroad system of transportation. [44 FR 77352, Dec. 31, 1979, as amended at 53 (b) This part does not apply to— FR 28600, July 28, 1988; 81 FR 6789, Feb. 9, (1) Locomotives, cabooses, and pas- 2016] senger cars that operate only on track inside an installation that is not part § 223.5 Definitions. of the general railroad system of trans- As used in this part— portation; Administrator means the Adminis- (2) Rapid transit operations in an trator of the Federal Railroad Admin- urban area that are not connected with istration or the Administrator’s dele- the general railroad system of trans- gate. portation. Caboose means a car in a freight train (3) Except as provided in paragraph intended to provide transportation for (c) of this section: crewmembers.

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Certified glazing means a glazing ma- Locomotive cab means that portion of terial that has been certified by the the superstructure designed to be occu- manufacturer as having met the test- pied by the crew while operating the ing requirements set forth in appendix locomotive. A of this part and that has been in- Passenger car means a unit of rail stalled in such a manner that it will rolling equipment intended to provide perform its intended function. transportation for members of the gen- Designated service means exclusive op- eral public and includes self-propelled eration of a locomotive under the fol- cars designed to carry baggage, mail, lowing conditions: express or passengers. This term in- (1) The locomotive is not used as an cludes a passenger coach, cab car, and independent unit or the controlling an MU locomotive. unit is a consist of locomotives except Person includes all categories of enti- when moving for the purpose of serv- ties covered under 1 U.S.C. 1, including, icing or repair within a single yard but not limited to, a railroad; any area; manager, supervisor, official, or other (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 window means the seg- tractor providing goods or services to a ment of a side-facing glazing panel railroad; and any employee of such that has been designed to permit rapid owner, manufacturer, lessor, lessee, or and easy removal from inside a pas- independent contractor. senger car in an emergency situation. Railroad means: End facing glazing location means any (1) Any form of non-highway ground exterior location where a line perpen- transportation that runs on rails or dicular to the plane of the glazing ma- electromagnetic guideways, including terial makes a horizontal angle of 50 (i) Commuter or other short-haul rail degrees or less with the centerline of passenger service in a metropolitan or the locomotive, caboose, or passenger suburban area and commuter railroad car, including a dome or observation service that was operated by the Con- car, except for: The coupled ends of solidated Rail Corporation on January multiple-unit (MU) locomotives or 1, 1979, and other equipment that is semi-perma- (ii) High speed ground transportation nently connected to each other in a systems that connect metropolitan train consist; and end doors of pas- areas, without regard to whether those senger cars at locations other than the systems use new technologies not asso- cab end of a cab car or MU locomotive. ciated with traditional railroads, but Any location which, due to curvature does not include rapid transit oper- of the glazing material, can meet the ations in an urban area that are not criteria for either an end facing loca- connected to the general railroad sys- tion or a side facing location shall be tem of transportation and considered an end facing location. (2) A person that provides railroad FRA means the Federal Railroad Ad- transportation, whether directly or by ministration. contracting out operation of the rail- Incidental freight service means the oc- road to another person. casional and irregular use of a loco- Rebuilt locomotive, caboose or passenger motive in freight service that is more car means a locomotive, caboose or than 50 years old and used primarily passenger car that has undergone over- for excursion, educational, rec- haul which has been identified by the reational, or private transportation railroad as a capital expense under purposes. Surface Transportation Board account- Locomotive means a self-propelled ing standards. unit of equipment designed primarily Side facing glazing location means any for moving other equipment. It does location where a line perpendicular to not include self-propelled passenger any plane of the glazing material cars. makes an angle of more than 50 degrees

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with the centerline of the locomotive, www.fra.dot.gov for a statement of caboose or passenger car. A side facing agency civil penalty policy. glazing location also means a location [53 FR 28601, July 28, 1988, as amended at 53 at the coupled ends of MU locomotives FR 52930, Dec. 29, 1988; 63 FR 11621, Mar. 10, or other equipment that is semi-perma- 1998; 69 FR 30595, May 28, 2004; 72 FR 51197, nently connected to each other in a Sept. 6, 2007; 73 FR 79702, Dec. 30, 2008; 77 FR train consist, and a location at end 24420, Apr. 24, 2012; 81 FR 43110, July 1, 2016; doors other than at the cab end of a 82 FR 16133, Apr. 3, 2017; 83 FR 60747, Nov. 27, cab car or MU locomotive. 2018; 84 FR 23735, May 23, 2019; 84 FR 37073, Windshield means the combination of July 31, 2019] individual units of glazing material of the locomotive, passenger car, or ca- Subpart B—Specific Requirements boose that are positioned in an end facing glazing location. § 223.8 Additional requirements for passenger equipment. Yard is a system of auxiliary tracks used exclusively for the classification In addition to the requirements con- of passenger or freight cars according tained in this part, requirements for to commodity or destination; assem- emergency window exits and window bling of cars for train movement; stor- safety glazing on passenger equipment, age of cars; or repair of equipment. as defined in § 238.5 of this chapter, are Yard caboose means a caboose that is also found in part 238 of this chapter. used exclusively in a single yard area. [64 FR 25659, May 12, 1999] Yard locomotive means a locomotive that is operated only to perform § 223.9 Requirements for new or re- switching functions within a single built equipment. yard area. (a) Locomotives, including yard loco- [63 FR 24675, May 4, 1998; 63 FR 36376, July 6, motives, built or rebuilt after June 30, 1998, as amended at 73 FR 6399, Feb. 1, 2008; 1980, must be equipped with certified 81 FR 6789, Feb. 9, 2016] glazing in all locomotive cab windows. (b) Cabooses, including yard ca- § 223.7 Responsibility. booses, built or rebuilt after June 30, Any person (an entity of any type 1980, must be equipped with certified covered under 1 U.S.C. 1, including but glazing in all windows. not limited to the following: a railroad; (c) Passenger cars, including self-pro- a manager, supervisor, official, or pelled passenger cars, built or rebuilt other employee or agent of a railroad; after June 30, 1980, must be equipped any owner, manufacturer, lessor, or with certified glazing in all windows lessee of railroad equipment, track, or and at least four emergency windows. facilities; any independent contractor [44 FR 77352, Dec. 31, 1979, as amended at 45 providing goods or services to a rail- FR 49271, July 24, 1980; 63 FR 24675, May 4, road; and any employee of such owner, 1998; 73 FR 6399, Feb. 1, 2008] manufacturer, lessor, lessee, or independent contractor) who violates any § 223.11 Requirements for existing lo- requirement of this part or causes the comotives. violation of any such requirement is (a) Locomotives, other than yard lo- subject to a civil penalty of at least comotives, built or rebuilt prior to $892 and not more than $29,192 per vio- July 1, 1980, which are equipped in the lation, except that: Penalties may be forward and rearward end facing glaz- assessed against individuals only for ing locations of the locomotive cab willful violations, and, where a grossly windshield with a glazing material that negligent violation or a pattern of re- meets the criteria for either portion of peated violations has created an immi- the impact testing required for a Type nent hazard of death or injury to per- I test under the provisions of appendix sons, or has caused death or injury, a A of this part, will not require the in- penalty not to exceed $116,766 per viola- stallation of certified glazing in the tion may be assessed. Each day a viola- windshield location except to replace tion continues shall constitute a sepa- windshield glazing material that is bro- rate offense. See FRA’s website at ken or damaged.

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(b) Locomotives, other than yard lo- ther portion of the impact testing re- comotives, built or rebuilt prior to quired for a Type II test under the pro- July 1, 1980, which are equipped in all visions of appendix A of this part, will locomotive cab side facing glazing lo- not require the installation of certified cations with a glazing material that glazing in the sidefacing glazing loca- meets the criteria for either portion of tions except to replace sidefacing glaz- the impact testing required for a Type ing material that is broken or dam- II test under the provisions of appendix aged. A of this part, will not require the in- (c) Except for yard cabooses and ca- stallation of certified glazing in the booses equipped as described in para- sidefacing glazing location except to graphs (a) and (b) of this section, ca- replace sidefacing glazing material booses built or rebuilt prior to July 1, that is broken or damaged. 1980, shall be equipped with certified (c) Except for yard locomotives and glazing in all windows. locomotives equipped as described in (d) Except for yard cabooses, each ca- paragraphs (a) and (b) of this section, boose that has a window that is broken locomotives built or rebuilt prior to or damaged so that the window fails to July 1, 1980, shall be equipped with cer- permit good visibility shall be removed tified glazing in all locomotive cab from service until the broken or dam- windows. aged window is replaced with certified (d) Except for yard locomotives, each glazing. locomotive that has a locomotive cab (Sec. 209 of the Federal Railroad Safety Act, window that is broken or damaged so 94 Stat. 957 (45 U.S.C. 438); § 1.49(m) of the that the window fails to permit good regulations of the Office of the Secretary of visibility shall be— Transportation, 49 CFR 1.49(m)) (1) Placed in Designated Service [44 FR 77352, Dec. 31, 1979, as amended at 48 within 48 hours of the time of breakage FR 24083, May 31, 1983; 48 FR 56956, Dec. 27, or damage; or 1983; 81 FR 6790, Feb. 9, 2016] (2) Removed from service until the broken or damaged window is replaced § 223.15 Requirements for existing pas- with certified glazing. senger cars. (Sec. 209 of the Federal Railroad Safety Act, (a) Passenger cars built or rebuilt 94 Stat. 957 (45 U.S.C. 438); sec. 1.49(m) of the prior to July 1, 1980, which are regulations of the Office of the Secretary of equipped in the forward and rearward Transportation, 49 CFR 1.49(m)) end facing glazing locations of the [45 FR 49271, July 24, 1980, as amended at 48 windshield with a glazing material that FR 24083, May 31, 1983; 48 FR 56956, Dec. 27, meets the criteria for either portion of 1983; 81 FR 6790, Feb. 9, 2016] the impact testing required for a Type I test under the provisions of appendix § 223.13 Requirements for existing ca- A of this part will not require the in- booses. stallation of certified glazing in the (a) Cabooses, other than yard ca- windshield location except to replace booses, built or rebuilt prior to July 1, windshield glazing material that is bro- 1980, which are equipped in the forward ken or damaged. and rearward end facing glazing loca- (b) Passenger cars built or rebuilt tions of the windshield with a glazing prior to July 1, 1980, which are material that meets the criteria for ei- equipped in the sidefacing glazing loca- ther portion of the impact testing re- tions with a glazing material that quired for a Type I test under the pro- meets the criteria for either portion of visions of appendix A of this part, will the impact testing required for a Type not require the installation of certified II test under the provisions of appendix glazing in the windshield location ex- A of this part, will not require the in- cept to replace windshield glazing ma- stallation of certified glazing except to terial that is broken or damaged. replace sidefacing glazing material (b) Cabooses, other than yard ca- that is broken or damaged. booses, built or rebuilt prior to July 1, (c) Except for passenger cars de- 1980, which are equipped in all side fac- scribed in paragraphs (a) and (b) of this ing glazing locations with a glazing section, passenger cars built or rebuilt material that meets the criteria for ei- prior to July 1, 1980, shall be equipped

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with certified glazing in all windows inches in back of the Target Material. The and a minimum of four emergency win- Witness Plate shall have at least an area dows. which will cover the full map of the Target (d) Each passenger car that has a Material. (6) The Witness Plate shall be an unbacked window that is broken or damaged so sheet of maximum 0.006 inch, alloy 1100 tem- that the window fails to permit good per O, aluminum stretched within the perim- visibility shall be removed from service eter of a suitable frame to provide a taut until the broken or damaged window is surface. replaced with certified glazing. (7) The Test Specimen will be positioned so that the defined projectile impacts it at an (Sec. 209 of the Federal Railroad Safety Act, angle of 90 degrees to the Test Specimen sur- 94 Stat. 957 (45 U.S.C. 438); sec. 1.49(m) of the face. regulations of the Office of the Secretary of (8) The point of impact of the defined pro- Transportation, 49 CFR 1.49(m)) jectile will be within a radius of 3″ of the [44 FR 77352, Dec. 31, 1979, as amended at 48 centroid of the Target Material. FR 24083, May 31, 1983; 48 FR 56956, Dec. 27, (9) Velocity screens or other suitable ve- 1983; 81 FR 6790, Feb. 9, 2016] locity measuring devices will be positioned so as to measure the impact velocity of the § 223.17 [Reserved] defined projectile within a 10% accuracy tol- erance, with test modifications made to guarantee that the stipulated minimum velocity requirements are met. (10) The Test Specimen for glazing mate- APPENDIX A TO PART 223— rial that is intended for use in end facing CERTIFICATION OF GLAZING MATERIALS glazing locations shall be subjected to a Type I test regimen consisting of the fol- As provided in this part, certified glazing lowing tests: materials installed in locomotives, passenger (i) Ballistic Impact in which a standard 22 cars, or cabooses must be certified by the caliber long rifle lead bullet of 40 grains in glazing manufacturer in accordance with the weight impacts at a minimum of 960 feet per following procedures: second velocity. a. General Requirements (ii) Large Object Impact in which a cinder (1) Each manufacturer that provides glaz- block of 24 lbs minimum weight with dimen- ing materials, intended by the manufacturer sions of 8 inches by 8 inches by 16 inches for use in achieving compliance with the re- nominally impacts at the corner of the block quirements of this part, shall certify that at a minimum of 44 feet per second velocity. each type of glazing material being supplied The cinder block must be of composition ref- for this purpose has been succcessfully tested erenced in American Society for Testing and in accordance with this appendix and that Materials (ASTM) Specification C33L or test verification data is available to a rail- ASTM C90. road or to FRA upon request. (11) The Test Specimen for glazing mate- (2) The test verification data shall contain rial that is intended for use only in side fac- all pertinent original data logs and docu- ing glazing locations shall be subjected to a mentation that the selection of material Type II test regimen consisting of the fol- samples, test set-ups, test measuring de- lowing tests: vices, and test procedures were performed by (i) Ballistic Impact in which a standard 22 qualified personnel using recognized and ac- caliber long rifle lead bullet of 40 grains in ceptable practices and in accordance with weight impacts at a minimum of 960 feet per this appendix. second velocity. b. Testing Requirements (ii) Large Object Impact in which a cinder (1) The material to be tested (Target Mate- block of 24 lbs minimum weight with dimen- rial) shall be a full scale sample of the larg- sions of 8 inches by 8 inches by 16 inches est dimension intended to be produced and nominally impacts at the corner of the block installed. at a minimum of 12 feet per second velocity. (2) The Target Material shall be represent- The cinder block must be of the composition ative of production material and shall be se- referenced in ASTM C33L or ASTM C90. lected on a documented random choice basis. (12) Three different test specimens must be (3) The Target Material shall be securely subjected to the ballistic impact portion of and rigidly attached in a fixture so that the these tests. fixture’s own characteristics will not induce (13) Two different test specimens must be test errors. subjected to the large object impact portion (4) The Target Material so selected and at- of these tests. tached shall constitute a Test Specimen. (14) A material so tested must perform so (5) The Test Specimen will then be that: equipped with a Witness Plate that shall be (i) there shall be no penetration of the mounted parallel to and at a distance of six back surfaces (side closest to Witness Plate)

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of the Target Material by the projectile. Par- 224.103 Characteristics of retroreflective tial penetration of the impact (front) surface sheeting. of the Target Material does not constitute a 224.105 Sheeting dimensions and quantity. failure; and 224.106 Location of retroreflective sheeting. (ii) there shall be no penetration of par- 224.107 Implementation schedule. ticles from the back side of the Target Mate- 224.109 Inspection, repair, and replacement. rial through the back side of the prescribed 224.111 Renewal. Witness Plate. APPENDIX A TO PART 224 [RESERVED] (15) Test specimens must consecutively APPENDIX B TO PART 224—FORM pass the required number of tests at the re- REFLECTORIZATION IMPLEMENTATION COM- quired minimum velocities. Individual tests PLIANCE REPORT resulting in failures at greater than the re- APPENDIX C TO PART 224—GUIDELINES FOR quired minimum velocities may be repeated SUBMITTING REFLECTORIZATION IMPLE- but a failure of an individual test at less MENTATION COMPLIANCE REPORTS than the minimum velocity shall result in AUTHORITY: 49 U.S.C. 20103, 20107, 20148 and termination of the total test and failure of 21301; 28 U.S.C. 2461, note; and 49 CFR 1.89. the material. (16) After successful completion of the pre- SOURCE: 70 FR 62176, Oct. 28, 2005, unless scribed set of required consecutive tests, a otherwise noted. manufacturer may certify in writing that a particular glazing material meets the re- Subpart A—General quirements of these standards. c. Material Identification § 224.1 Purpose and scope. (1) Each individual unit of glazing material shall be permanently marked, prior to in- (a) The purpose of this part is to re- stallation, to indicate that this type of ma- duce highway-rail grade crossing acci- terial has been successfully tested as set dents and deaths, injuries, and prop- forth in this appendix and that marking erty damage resulting from those acci- shall be done in such a manner that it is dents, by enhancing the conspicuity of clearly visible after the material has been rail freight rolling stock so as to in- installed. crease its detectability by motor vehi- (2) Each individual unit of a glazing mate- cle operators at night and under condi- rial that has successfully passed the Type I testing regimen shall be marked to indicate: tions of poor visibility. (i) ‘‘FRA Type I’’ material; (b) In order to achieve cost-effective (ii) the manufacturer of the material; mitigation of collision risk at high- (iii) the type or brand identification of the way-rail grade crossings, this part es- material. tablishes the duties of freight rolling (3) Each individual unit of a glazing mate- stock owners (including those who rial that has successfully passed the Type II manage maintenance of freight rolling testing regimen shall be marked to indicate: stock, supply freight rolling stock for (i) ‘‘FRA Type II’’ material; transportation, or offer freight rolling (ii) the manufacturer of the material; stock in transportation) and railroads (iii) the type or brand identification of the material. to progressively apply retroreflective material to freight rolling stock, and to periodically inspect and maintain PART 224—REFLECTORIZATION OF that material. Freight rolling stock RAIL FREIGHT ROLLING STOCK owners, however, are under no duty to install, clean or otherwise maintain, or Subpart A—General repair reflective material except as Sec. specified in this part. 224.1 Purpose and scope. (c) This part establishes a schedule 224.3 Applicability. for the application of retroreflective 224.5 Definitions. material to rail freight rolling stock 224.7 Waivers. and prescribes standards for the appli- 224.9 Responsibility for compliance. cation, inspection, and maintenance of 224.11 Penalties. retroreflective material to rail freight 224.13 Preemptive effect. rolling stock for the purpose of enhanc- 224.15 Special approval procedures. ing its detectability at highway-rail grade crossings. This part does not re- Subpart B—Application, Inspection, and strict a freight rolling stock owner or Maintenance of Retroreflective Material railroad from applying retroreflective 224.101 General requirements. material to freight rolling stock for

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