Pt. 223, App. B 49 CFR Ch. II (10–1–10 Edition) Materials (ASTM) Specification C33L or (3) Each individual unit of a glazing mate- ASTM C90. rial that has successfully passed the Type II (11) The Test Specimen for glazing mate- testing regimen shall be marked to indicate: rial that is intended for use only in side fac- (i) ‘‘FRA Type II’’ material; ing glazing locations shall be subjected to a (ii) the manufacturer of the material; Type II test regimen consisting of the fol- (iii) the type or brand identification of the lowing tests: material. (i) Ballistic Impact in which a standard 22 caliber long rifle lead bullet of 40 grains in APPENDIX B TO PART 223—SCHEDULE OF weight impacts at a minimum of 960 feet per CIVIL PENALTIES 1 second velocity. (ii) Large Object Impact in which a cinder Section Violation Willful viola- block of 24 lbs minimum weight with dimen- tion sions of 8 inches by 8 inches by 16 inches 223.9 New or rebuilt equip- nominally impacts at the corner of the block ment: at a minimum of 12 feet per second velocity. (a) Locomotives ........... $2,500 $5,000 The cinder block must be of the composition (b) Cabooses .............. 2,500 5,000 referenced in ASTM C33L or ASTM C90. (c) Passenger cars ...... 2,500 5,000 223.11(c) Existing locomotives 2,500 5,000 (12) Three different test specimens must be (d) Repair of window ................. 1,000 2,000 subjected to the ballistic impact portion of 223.13(c) Existing cabooses ..... 2,500 5,000 these tests. (d) Repair of window ................. 1,000 2,000 (13) Two different test specimens must be 223.15(c) Existing passenger subjected to the large object impact portion cars ........................................ 2,500 5,000 of these tests. (d) Repair of window ................. 1,000 2,000 223.17 Identification of units ... 1,000 1,500 (14) A material so tested must perform so that: 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to as- (i) there shall be no penetration of the sess a penalty of up to $100,000 for any violation where cir- back surfaces (side closest to Witness Plate) cumstances warrant. See 49 U.S.C. 21301, 21304, and 49 of the Target Material by the projectile. Par- CFR part 209, appendix A. If more than one item is listed as a type of violation of a given section, each item is also des- tial penetration of the impact (front) surface ignated by a ‘‘penalty code,’’ which is used to facilitate as- of the Target Material does not constitute a sessment of civil penalties, and which may or may not cor- failure; and respond to any subsection designation(s). For convenience, penalty citations will cite the CFR section and the penalty (ii) there shall be no penetration of par- code, if any. FRA reserves the right, should litigation become ticles from the back side of the Target Mate- necessary, to substitute in its complaint the CFR citation in rial through the back side of the prescribed place of the combined CFR and penalty code citation, should Witness Plate. they differ. (15) Test specimens must consecutively [63 FR 24676, May 4, 1998, as amended at 69 pass the required number of tests at the re- FR 30594, May 28, 2004; 73 FR 6400, Feb. 1, quired minimum velocities. Individual tests 2008; 73 FR 79702, Dec. 30, 2008] resulting in failures at greater than the re- quired minimum velocities may be repeated but a failure of an individual test at less PART 224—REFLECTORIZATION OF than the minimum velocity shall result in RAIL FREIGHT ROLLING STOCK termination of the total test and failure of the material. Subpart A—General (16) After successful completion of the pre- scribed set of required consecutive tests, a Sec. manufacturer may certify in writing that a 224.1 Purpose and scope. particular glazing material meets the re- 224.3 Applicability. quirements of these standards. 224.5 Definitions. c. Material Identification 224.7 Waivers. (1) Each individual unit of glazing material 224.9 Responsibility for compliance. shall be permanently marked, prior to in- 224.11 Penalties. stallation, to indicate that this type of ma- 224.13 Preemptive effect. terial has been successfully tested as set 224.15 Special approval procedures. forth in this appendix and that marking shall be done in such a manner that it is Subpart B—Application, Inspection, and clearly visible after the material has been Maintenance of Retroreflective Material installed. (2) Each individual unit of a glazing mate- 224.101 General requirements. rial that has successfully passed the Type I 224.103 Characteristics of retroreflective testing regimen shall be marked to indicate: sheeting. (i) ‘‘FRA Type I’’ material; 224.105 Sheeting dimensions and quantity. (ii) the manufacturer of the material; 224.106 Location of retroreflective sheeting. (iii) the type or brand identification of the 224.107 Implementation schedule. material. 224.109 Inspection, repair, and replacement. 350 VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR Federal Railroad Administration, DOT § 224.5 224.111 Renewal. § 224.3 Applicability. APPENDIX A TO PART 224—SCHEDULE OF CIVIL This part applies to all railroad PENALTIES freight cars and locomotives that oper- APPENDIX B TO PART 224—FORM ate over a public or private highway- REFLECTORIZATION IMPLEMENTATION COM- rail grade crossing and are used for rev- PLIANCE REPORT enue or work train service, except: APPENDIX C TO PART 224—GUIDELINES FOR SUBMITTING REFLECTORIZATION IMPLE- (a) Freight rolling stock that oper- MENTATION COMPLIANCE REPORTS ates only on track inside an installa- tion that is not part of the general rail- AUTHORITY: 49 U.S.C. 20103, 20107, 20148 and road system of transportation; 21301; 28 U.S.C. 2461, note; and 49 CFR 1.49. (b) Rapid transit operations in an SOURCE: 70 FR 62176, Oct. 28, 2005, unless urban area that are not connected to otherwise noted. the general railroad system of trans- portation; Subpart A—General (c) Locomotives and passenger cars used exclusively in passenger service; § 224.1 Purpose and scope. or (d) Freight rolling stock that is sub- (a) The purpose of this part is to re- ject to a reflectorization requirement duce highway-rail grade crossing acci- promulgated by another Federal agen- dents and deaths, injuries, and prop- cy. erty damage resulting from those acci- dents, by enhancing the conspicuity of § 224.5 Definitions. rail freight rolling stock so as to in- Administrator means the Adminis- crease its detectability by motor vehi- trator of the Federal Railroad Admin- cle operators at night and under condi- istration or the Administrator’s dele- tions of poor visibility. gate. (b) In order to achieve cost-effective Associate Administrator means the As- mitigation of collision risk at high- sociate Administrator for Safety, Fed- way-rail grade crossings, this part es- eral Railroad Administration, or the tablishes the duties of freight rolling Associate Administrator’s delegate. stock owners (including those who Damaged means scratched, broken, manage maintenance of freight rolling chipped, peeled, or delaminated. stock, supply freight rolling stock for Flat car means a car having a flat transportation, or offer freight rolling floor or deck on the underframe with stock in transportation) and railroads no sides, ends or roof (including spine to progressively apply retroreflective cars, articulated and mult-unit inter- material to freight rolling stock, and modal cars). to periodically inspect and maintain Freight rolling stock means: that material. Freight rolling stock (1) Any locomotive subject to part 229 owners, however, are under no duty to of this chapter used to haul or switch install, clean or otherwise maintain, or freight cars (whether in revenue or repair reflective material except as work train service); and specified in this part. (2) Any railroad freight car (whether (c) This part establishes a schedule used in revenue or work train service). for the application of retroreflective Freight rolling stock owner means any material to rail freight rolling stock person who owns freight rolling stock, and prescribes standards for the appli- is a lessee of freight rolling stock, cation, inspection, and maintenance of manages the maintenance or use of retroreflective material to rail freight freight rolling stock on behalf of an rolling stock for the purpose of enhanc- owner or one or more lessors or lessees, ing its detectability at highway-rail or otherwise controls the maintenance grade crossings. This part does not re- or use of freight rolling stock. strict a freight rolling stock owner or Locomotive has the meaning assigned railroad from applying retroreflective by § 229.5 of this chapter, but for pur- material to freight rolling stock for poses of this part applies only to a lo- other purposes if not inconsistent with comotive used in the transportation of the recognizable pattern required by freight or the operation of a work this part. train. 351 VerDate Mar<15>2010 09:47 Dec 14, 2010 Jkt 220215 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:\SGML\220215.XXX 220215 jdjones on DSK8KYBLC1PROD with CFR § 224.7 49 CFR Ch. II (10–1–10 Edition) Obscured means concealed or hidden (b) Each petition for waiver under (i.e., covered up, as where a layer of this section shall be filed in the man- paint or dense chemical residue blocks ner and contain the information re- all incoming light); this term does not quired by part 211 of this chapter. refer to ordinary accumulations of dirt, (c) If the Administrator finds that a grime, or ice resulting from the normal waiver of compliance is in the public railroad operating environment.