Pt. 227 49 CFR Ch. II (10–1–12 Edition) The wage component appears as a fractional APPENDIX E TO PART 227—USE OF INSERT change relative to the prior year, while the EARPHONES FOR AUDIOMETRIC TESTING equipment component is a difference of two APPENDIX F TO PART 227—CALCULATIONS AND percentages which must be divided by 100 to APPLICATION OF AGE CORRECTIONS TO present it in a consistent fractional form. AUDIOGRAMS After performing the calculation, the result APPENDIX G TO PART 227—SCHEDULE OF CIVIL is rounded to the nearest $100. PENALTIES 7. The weightings result from using STB AUTHORITY: 49 U.S.C. 20103, 20103, note, wage data and BLS equipment cost data to 20701–20702; 28 U.S.C. 2461, note; and 49 CFR produce a reasonable estimation of the re- 1.49. porting threshold that was calculated using the threshold formula in effect immediately SOURCE: 71 FR 63123, Oct. 27, 2006, unless before calendar year 2006, a formula that as- otherwise noted. sumed damage repair costs, at levels at or near the threshold, were split approximately evenly between labor and materials. Subpart A—General 8. Formula: § 227.1 Purpose and scope. New Threshold = Prior Threshold × [1 + 0.4(Wnew—Wprior)/Wprior + 0.6(Enew ¥ (a) The purpose of this part is to pro- Eprior)/100] tect the occupational health and safety Where: of employees whose predominant noise Wnew = New average hourly wage rate ($). exposure occurs in the locomotive cab. Wprior = Prior average hourly wage rate ($). (b) This part prescribes minimum Enew = New equipment average PPI value. Federal health and safety noise stand- Eprior = Prior equipment average PPI value. ards for locomotive cab occupants. [70 FR 75417, Dec. 20, 2005] This part does not restrict a railroad or railroad contractor from adopting and PART 227—OCCUPATIONAL NOISE enforcing additional or more stringent EXPOSURE requirements. § 227.3 Application. Subpart A—General (a) Except as provided in paragraph Sec. (b) of this section, this part applies to 227.1 Purpose and scope. all railroads and contractors to rail- 227.3 Application. roads. 227.5 Definitions. 227.7 Preemptive effect. (b) This part does not apply to— 227.9 Penalties. (1) A railroad that operates only on 227.11 Responsibility for compliance. track inside an installation that is not 227.13 Waivers. part of the general railroad system of 227.15 Information collection. transportation; (2) A rapid transit operation in an Subpart B—Occupational Noise Exposure urban area that is not connected to the for Railroad Operating Employees general railroad system of transpor- 227.101 Scope and applicability. tation; 227.103 Noise monitoring program. (3) A rapid transit operation in an 227.105 Protection of employees. urban area that is connected to the 227.107 Hearing conservation program. general system and operates under a 227.109 Audiometric testing program. shared use waiver; 227.111 Audiometric test requirements. 227.113 Noise operational controls. (4) A railroad that operates tourist, 227.115 Hearing protectors. scenic, historic, or excursion oper- 227.117 Hearing protector attenuation. ations, whether on or off the general 227.119 Training program. railroad system of transportation; or 227.121 Recordkeeping. (5) Foreign railroad operations that APPENDIX A TO PART 227—NOISE EXPOSURE meet the following conditions: Employ- COMPUTATION ees of the foreign railroad have a pri- APPENDIX B TO PART 227—METHODS FOR ESTI- mary reporting point outside of the MATING THE ADEQUACY OF HEARING PRO- U.S. but are operating trains or con- TECTOR ATTENUATION APPENDIX C TO PART 227—AUDIOMETRIC BASE- ducting switching operations in the LINE REVISION U.S.; and the government of that for- APPENDIX D TO PART 227—AUDIOMETRIC TEST eign railroad has implemented require- ROOMS ments for hearing conservation for 412 VerDate Mar<15>2010 22:01 Dec 09, 2012 Jkt 226220 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT ofr150 PsN: PC150 Federal Railroad Administration, DOT § 227.5 railroad employees; the foreign rail- Audiometry means the act or process road undertakes to comply with those of measuring hearing sensitivity at dis- requirements while operating within crete frequencies. Audiometry can also the U.S.; and FRA’s Associate Admin- be referred to as audiometric testing. istrator for Safety determines that the Baseline audiogram means an audio- foreign requirements are consistent gram, recorded in accordance with with the purpose and scope of this part. § 227.109, against which subsequent A ‘‘foreign railroad’’ refers to a rail- audiograms are compared to determine road that is incorporated in a place the extent of change of hearing level. outside the U.S. and is operated out of Class I, Class II, and Class III railroads a foreign country but operates for some have the meaning assigned by the regu- distance in the U.S. lations of the Surface Transportation Board (49 CFR part 120; General In- § 227.5 Definitions. structions 1–1). As used in this part— Continuous noise means variations in Action level means an eight-hour sound level that involve maxima at in- time-weighted-average sound level tervals of 1 second or less. (TWA) of 85 dB(A), or, equivalently, a Decibel (dB) means a unit of measure- dose of 50 percent, integrating all ment of sound pressure levels. sound levels from 80 dB(A) to 140 dB(A). dB(A) means the sound pressure level Administrator means the Adminis- in decibels measured on the A-weighted trator of the Federal Railroad Admin- scale. istration or the Administrator’s dele- Employee means any individual who gate. is engaged or compensated by a rail- Artifact means any signal received or road or by a contractor to a railroad to recorded by a noise measuring instru- perform any of the duties defined in ment that is not related to occupa- this part. tional noise exposure and may ad- Exchange rate means the change in versely impact the accuracy of the oc- sound level, in decibels, which would cupational noise measurement. require halving or doubling of the al- Audiogram means a record of lowable exposure time to maintain the audiometric testing, showing the same noise dose. For purposes of this thresholds of hearing sensitivity meas- part, the exchange rate is 5 decibels. ured at discrete frequencies, as well as FRA means the Federal Railroad Ad- other recordkeeping information. ministration. Audiologist means a professional, who Hearing protector means any device or provides comprehensive diagnostic and material, which is capable of being treatment/rehabilitative services for worn on the head, covering the ear auditory, vestibular, and related im- canal or inserted in the ear canal; is pairments and who designed wholly or in part to reduce (1) Has a Master’s degree or doctoral the level of sound entering the ear; and degree in audiology and has a scientifically accepted indicator (2) Is licensed as an audiologist by a of its noise reduction value. State; or in the case of an individual Hertz (Hz) means a unit of measure- who furnishes services in a State which ment of frequency numerically equal does not license audiologists, has suc- to cycles per second. cessfully completed 350 clock hours of Medical pathology means a condition supervised clinical practicum (or is in or disease affecting the ear which is the process of accumulating such su- medically or surgically treatable. pervised clinical experience), per- Noise operational controls means a formed not less than 9 months of super- method used to reduce noise exposure, vised full-time audiology services after other than hearing protectors or equip- obtaining a master’s or doctoral degree ment modifications, by reducing the in audiology or a related field, and suc- time a person is exposed to excessive cessfully completed a national exam- noise. ination in audiology approved by the Occasional service means service of Secretary of the U.S. Department of not more than a total of 20 days in a Health and Human Services. calendar year. 413 VerDate Mar<15>2010 22:01 Dec 09, 2012 Jkt 226220 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Q:\49\49V4.TXT ofr150 PsN: PC150.