cfr_sections
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29 rows where agency = "FRA" and part_number = 227 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:4.1.1.1.21.1.15.1 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.1 Purpose and scope. | FRA | [89 FR 5130, Jan. 26, 2024] | (a) General. The purpose of this part is to protect the occupational safety and health of certain employees who are exposed to occupational dangers while in the cab of the locomotive. This part prescribes minimum Federal safety and health standards for certain locomotive cab occupants. This part does not restrict a railroad or railroad contractor from adopting and enforcing additional or more stringent requirements. (b) Subpart B of this part. The purpose of subpart B is to protect the occupational safety and health of employees whose predominant noise exposure occurs in the locomotive cab. Subpart B prescribes minimum Federal safety and health noise standards for locomotive cab occupants. (c) Subpart C of this part. The purpose of subpart C is to protect the occupational safety and health of train employees and certain other employees in the cab of the locomotive of a freight train that is transporting a poison inhalation hazard (PIH) material that, if released due to a railroad accident/incident, would pose an inhalation hazard to the occupants. In particular, subpart C is intended to protect these employees from the risk of exposure to the material while they are located in, or during escape from, the locomotive cab. | ||||
| 49:49:4.1.1.1.21.1.15.2 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.3 Application. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5131, Jan. 26, 2024] | (a) Except as provided in paragraph (b) of this section, subpart B of this part applies to all railroads and contractors to railroads. (b) Subpart B of this part does not apply to— (1) A railroad that operates only on track inside an installation that is not part of the general railroad system of transportation; (2) A rapid transit operation in an urban area that is not connected to the general railroad system of transportation; (3) A rapid transit operation in an urban area that is connected to the general system and operates under a shared use waiver; (4) A railroad that operates tourist, scenic, historic, or excursion operations, whether on or off the general railroad system of transportation; or (5) Foreign railroad operations that meet the following conditions: Employees of the foreign railroad have a primary reporting point outside of the U.S. but are operating trains or conducting switching operations in the U.S.; and the government of that foreign railroad has implemented requirements for hearing conservation for railroad employees; the foreign railroad undertakes to comply with those requirements while operating within the U.S.; and FRA's Associate Administrator for Railroad Safety/Chief Safety Officer determines that the foreign requirements are consistent with the purpose and scope of subpart B of this part. A “foreign railroad” refers to a railroad that is incorporated in a place outside the U.S. and is operated out of a foreign country but operates for some distance in the U.S. (c) Except as provided in paragraph (d) of this section, subpart C of this part applies to any railroad that operates a freight train that transports a PIH material, including a residue of such a PIH material, on standard gage track that is part of the general railroad system of transportation. (d) Subpart C of this part does not apply to a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation. | ||||
| 49:49:4.1.1.1.21.1.15.3 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.5 Definitions. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009; 89 FR 5131, Jan. 26, 2024; 90 FR 28126, July 1, 2025] | As used in this part— Accident/incident has the meaning that is assigned to that term by § 225.5 of this chapter. Action level means an eight-hour time-weighted-average sound level (TWA) of 85 dB(A), or, equivalently, a dose of 50 percent, integrating all sound levels from 80 dB(A) to 140 dB(A). Administrator means the Administrator of the Federal Railroad Administration or the Administrator's delegate. Artifact means any signal received or recorded by a noise measuring instrument that is not related to occupational noise exposure and may adversely impact the accuracy of the occupational noise measurement. Associate Administrator for Railroad Safety/Chief Safety Officer means the Associate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Atmosphere immediately dangerous to life or health (IDLH) means an atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere. Atmosphere-supplying device means a respirator that supplies the respirator user with breathing air from a source that is independent of the ambient atmosphere. Such devices include supplied-air respirators and self-contained breathing apparatus units. Audiogram means a record of audiometric testing, showing the thresholds of hearing sensitivity measured at discrete frequencies, as well as other recordkeeping information. Audiologist means a professional, who provides comprehensive diagnostic and treatment/rehabilitative services for auditory, vestibular, and related impairments and who (1) Has a Master's degree or doctoral degree in audiology and (2) Is licensed as an audiologist by a State; or in the case of an individual who furnishes services in a State which does not license audiologists, has successfully completed 350 clock hours of supervised clinical practicum (or is in the process of accumulating such supervised clinical … | ||||
| 49:49:4.1.1.1.21.1.15.4 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.7 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.21.1.15.5 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.9 Penalties. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 73 FR 79702, Dec. 30, 2008; 77 FR 24421, Apr. 24, 2012; 81 FR 43110, July 1, 2016; 82 FR 16133, Apr. 3, 2017; 83 FR 60748, Nov. 27, 2018; 84 FR 23735, May 23, 2019; 84 FR 37073, July 31, 2019; 86 FR 1758, Jan. 11, 2021; 86 FR 23254, May 3, 2021; 87 FR 15868, Mar. 21, 2022; 88 FR 1127, Jan. 6, 2023; 88 FR 89562, Dec. 28, 2023; 89 FR 106296, Dec. 30, 2024; 90 FR 28160, July 1, 2025] | (a) Any person who violates any requirement of this part or causes the violation of any such requirement is subject to a civil penalty of at least the minimum civil monetary penalty and not more than the ordinary maximum civil monetary penalty per violation. However, penalties may be assessed against individuals only for willful violations, and a penalty not to exceed the aggravated maximum civil monetary penalty per violation may be assessed, where: (1) A grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons; or (2) A death or injury has occurred. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ for a statement of agency civil penalty policy. (b) Any person who knowingly and willfully falsifies a record or report required by this part may be subject to criminal penalties under 49 U.S.C. 21311. | ||||
| 49:49:4.1.1.1.21.1.15.6 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.11 Responsibility for compliance. | FRA | Although the duties imposed by this part are generally stated in terms of the duty of a railroad, any person, including a contractor for a railroad, who performs any function covered by this part must perform that function in accordance with this part. | |||||
| 49:49:4.1.1.1.21.1.15.7 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.13 Waivers. | FRA | (a) A person subject to a requirement of this part may petition the Administrator for a waiver of compliance with such requirement. The filing of such a petition does not affect that person's responsibility for compliance with that requirement while the petition is being considered. (b) Each petition for waiver under this section must be filed in the manner and contain the information required by part 211 of this chapter. (c) If the Administrator finds that a waiver of compliance is in the public interest and is consistent with railroad safety, the Administrator may grant the waiver subject to any conditions the Administrator deems necessary. | |||||
| 49:49:4.1.1.1.21.1.15.8 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | A | Subpart A—General | § 227.15 Information collection. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5132, Jan. 26, 2024] | (a) The information collection requirements of this part were reviewed by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. ) and are assigned OMB control number 2130-NEW. (b) The information collection requirements are found in the following sections: §§ 227.13, 227.103, 227.107, 227.109, 227.111, 227.117, 227.119, 227.121, 227.201, 227.203, 227.205, 227.207, 227.209, 227.211, 227.213, and 227.215. | ||||
| 49:49:4.1.1.1.21.2.15.1 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.101 Scope and applicability. | FRA | (a) This subpart shall apply to the noise-related working conditions of— (1) Any person who regularly performs service subject to the provisions of the hours of service laws governing “train employees” (see 49 U.S.C. 21101(5) and 21103), but, subject to a railroad's election in paragraph (a)(3) of this section, does not apply to: (i) Employees who move locomotives only within the confines of locomotive repair or servicing areas, as provided in §§ 218.5 and 218.29(a) of this chapter, or (ii) Employees who move a locomotive or group of locomotives for distances of less than 100 feet and this incidental movement of a locomotive or locomotives is for inspection or maintenance purposes, or (iii) Contractors who operate historic equipment in occasional service, provided that the contractors have been provided with hearing protectors and, where necessary, are required to use the hearing protectors while operating the historic equipment; (2) Any direct supervisor of the persons described in paragraph (a)(1) of this section whose duties require frequent work in the locomotive cab; and (3) At the election of the railroad, any other person (including a person excluded by paragraph (a)(1) of this section) whose duties require frequent work in the locomotive cab and whose primary noise exposure is reasonably expected to be experienced in the cab, if the position occupied by such person is designated in writing by the railroad, as required by § 227.121(d). (b) Occupational noise exposure and hearing conservation for employees not covered by this subpart is governed by the appropriate occupational noise exposure regulation of the U.S. Department of Labor, Occupational Safety and Health Administration located at 29 CFR 1910.95. | |||||
| 49:49:4.1.1.1.21.2.15.10 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.119 Training program. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5132, Jan. 26, 2024] | (a) The railroad shall institute an occupational noise and hearing conservation training program for all employees included in the hearing conservation program. (1) The railroad shall offer the training program to each employee included in the hearing conservation program at least once each calendar year. The interval between the date offered to any employee for the training in a calendar year and the date offered in the subsequent calendar year shall be no more than 450 days and no less than 280 days. (2) The railroad shall require each employee included in the hearing conservation program to complete the training at least once every 1095 days. (b) The railroad shall provide the training required by paragraph (a) of this section in accordance with the following: (1) For employees hired after February 26, 2007, within six months of the employee's first tour of duty in a position identified within the scope of this part. (2) For employees hired on or before February 26, 2007, by Class I, passenger, and commuter railroads, and railroads with 400,000 or more annual employee hours, by no later than February 26, 2009; (3) For employees hired on or before February 26, 2007, by railroads with fewer than 400,000 annual employee hours, by no later than February 26, 2010. (c) The training program shall include and the training materials shall reflect, at a minimum, information on all of the following: (1) The effects of noise on hearing; (2) The purpose of hearing protectors; (3) The advantages, disadvantages, and attenuation of various types of hearing protectors; (4) Instructions on selection, fitting, use, and care of hearing protectors; (5) The purpose of audiometric testing, and an explanation of the test procedures; (6) An explanation of noise operational controls, where used; (7) General information concerning the expected range of workplace noise exposure levels associated with major categories of railroad equipment and operations ( e.g. , switching and road assignments, hump yards near retarders, etc… | ||||
| 49:49:4.1.1.1.21.2.15.11 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.121 Recordkeeping. | FRA | (a) General requirements —(1) Availability of records. Each railroad required to maintain and retain records under this part shall: (i) Make all records available for inspection and copying/photocopying to representatives of the FRA, upon request; (ii) Make an employee's records available for inspection and copying/photocopying to that employee, former employee, or such person's representative upon written authorization by such employee; (iii) Make exposure measurement records for a given run or yard available for inspection and copying/photocopying to all employees who were present in the locomotive cab during the given run and/or who work in the same yard; and (iv) Make exposure measurement records for specific locations available to regional or national labor representatives, upon request. These reports shall not contain identifying information of an employee unless an employee authorizes the release of such information in writing. (2) Electronic records. All records required by this part may be kept in electronic form by the railroad. A railroad may maintain and transfer records through electronic transmission, storage, and retrieval provided that: (i) The electronic system be designed so that the integrity of each record is maintained through appropriate levels of security such as recognition of an electronic signature, or other means, which uniquely identify the initiating person as the author of that record. No two persons shall have the same electronic identity; (ii) The electronic system shall ensure that each record cannot be modified in any way, or replaced, once the record is transmitted and stored; (iii) Any amendment to a record shall be electronically stored apart from the record which it amends. Each amendment to a record shall be uniquely identified as to the person making the amendment; (iv) The electronic system shall provide for the maintenance of records as originally submitted without corruption or loss of data; and (v) Paper copies of electronic records and amendments to thos… | |||||
| 49:49:4.1.1.1.21.2.15.2 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.103 Noise monitoring program. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009; 89 FR 5132, Jan. 26, 2024] | (a) Schedule. A railroad shall develop and implement a noise monitoring program to determine whether any employee covered by the scope of this subpart may be exposed to noise that may equal or exceed an 8-hour TWA of 85 dB(A), in accordance with the following schedule: (1) Class I, passenger, and commuter railroads no later than February 26, 2008. (2) Railroads with 400,000 or more annual employee hours that are not Class I, passenger, or commuter railroads no later than August 26, 2008. (3) Railroads with fewer than 400,000 annual employee hours no later than August 26, 2009. (b) Sampling strategy. (1) In its monitoring program, the railroad shall use a sampling strategy that is designed to identify employees for inclusion in the hearing conservation program and to enable the proper selection of hearing protection. (2) Where circumstances such as high worker mobility, significant variations in sound level, or a significant component of impulse noise make area monitoring generally inappropriate, the railroad shall use representative personal sampling to comply with the monitoring requirements of this section, unless the railroad can show that area sampling produces equivalent results. (c) Noise measurements. (1) All continuous, intermittent, and impulse sound levels from 80 decibels to 140 decibels shall be integrated into the noise measurements. (2) Noise measurements shall be made under typical operating conditions using: (i) A sound level meter conforming, at a minimum, to the requirements of ANSI S1.4-1983 (Reaffirmed 2001) (incorporated by reference, see § 227.103(h)), Type 2, and set to an A-weighted SLOW response; (ii) An integrated sound level meter conforming, at a minimum, to the requirements of ANSI S1.43-1997 (Reaffirmed 2002) (incorporated by reference, see § 227.103(h)), Type 2, and set to an A-weighted slow response ; or (iii) A noise dosimeter conforming, at a minimum, to the requirements of ANSI S1.25-1991 (Reaffirmed 2002) (incorporated by reference, see § 227.103(h)) and set to … | ||||
| 49:49:4.1.1.1.21.2.15.3 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.105 Protection of employees. | FRA | (a) A railroad shall provide appropriate protection for its employees who are exposed to noise, as measured according to § 227.103, that exceeds the limits specified in appendix A of this part. (b) In assessing whether exposures exceed 115 dB(A), as set forth in paragraph (a) of this section and appendix A to this part, the apparent source of the noise exposures shall be observed and documented and measurement artifacts may be removed. (c) Except as set forth in paragraph (d) of this section, exposure to continuous noise shall not exceed 115dB(A). (d) Exposures to continuous noise greater than 115 dB(A) and equal to or less than 120 dB(A) are permissible, provided that the total daily duration does not exceed 5 seconds. | |||||
| 49:49:4.1.1.1.21.2.15.4 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.107 Hearing conservation program. | FRA | (a) Consistent with the requirements of the noise monitoring program required by § 227.103, the railroad shall administer a continuing, effective hearing conservation program, as set forth in §§ 227.109 through 227.121, for all employees exposed to noise at or above the action level. (b) For purposes of the hearing conservation program, employee noise exposure shall be computed in accordance with the tables in appendix A of this part, and without regard to any attenuation provided by the use of hearing protectors. | |||||
| 49:49:4.1.1.1.21.2.15.5 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.109 Audiometric testing program. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 89 FR 5132, Jan. 26, 2024] | (a) Each railroad shall establish and maintain an audiometric testing program as set forth in this section and include employees who are required to be included in a hearing conservation program pursuant to § 227.107. (b) Cost. The audiometric tests shall be provided at no cost to employees. (c) Tests. Audiometric tests shall be performed by: (1) An audiologist, otolaryngologist, or other physician who has experience and expertise in hearing and hearing loss; or (2) A qualified technician. (d) [Reserved] (e) Baseline audiogram. This paragraph (e) applies to employees who are required by § 227.107 to be included in a hearing conservation program. (1) New employees. (i) Except as provided in paragraph (e)(1)(ii), for employees hired after February 26, 2007, the railroad shall establish a valid baseline audiogram within 6 months of the new employee's first tour of duty. (ii) Where mobile test vans are used to meet the requirement in paragraph (e)(1)(i), the railroad shall establish a valid baseline audiogram within one year of the new employee's first tour of duty. (2) Existing employees. (i) For all employees without a baseline audiogram as of February 26, 2007, Class I, passenger, and commuter railroads, and railroads with 400,000 or more annual employee hours shall establish a valid baseline audiogram by February 26, 2009; and railroads with less than 400,000 annual employee hours shall establish a valid baseline audiogram by February 26, 2010. (ii) If an employee has had a baseline audiogram as of February 26, 2007, and it was obtained under conditions that satisfy the requirements found in 29 CFR 1910.95(h), the railroad must use that baseline audiogram. (iii) If the employee has had a baseline audiogram as of February 26, 2007, and it was obtained under conditions that satisfy the requirements in 29 CFR 1910.95(h)(1), but not the requirements found in 29 CFR 1910.95(h)(2) through (5), the railroad may elect to use that baseline audiogram provided that the Professional Supervisor of the Aud… | ||||
| 49:49:4.1.1.1.21.2.15.6 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.111 Audiometric test requirements. | FRA | [71 FR 63123, Oct. 27, 2006, as amended at 74 FR 25173, May 27, 2009] | (a) Audiometric tests shall be pure tone, air conduction, hearing threshold examinations, with test frequencies including 500, 1000, 2000, 3000, 4000, 6000, and 8000 Hz. Tests at each frequency shall be taken separately for each ear. (b) Audiometric tests shall be conducted with audiometers (including microprocessor audiometers) that meet the specifications of and are maintained and used in accordance with ANSI S3.6-2004 “Specification for Audiometers.” The Director of the Federal Register approves the incorporation by reference of this standard in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the incorporated standard from the American National Standards Institute at 1819 L Street, NW., Washington, DC 20036 or http://www.ansi.org. You may inspect a copy of the incorporated standard at the Federal Railroad Administration, Docket Room, 1200 New Jersey Avenue, SE., Washington, DC 20590, Washington, DC 20005, or at the National Archives and Records Administration (NARA). For more information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (1) Pulsed-tone audiometers should be used with the following on and off times: F-J and J-K shall each have values of 225 ±35 milliseconds (ms). (2) Use of insert earphones shall be consistent with the requirements listed in appendix E of this part: Use of Insert Earphones for Audiometric Testing. (c) Audiometric examinations shall be administered in a room meeting the requirements listed in appendix D of this part: Audiometric Test Rooms. (d) Audiometer calibration. (1) The functional operation of the audiometer shall be checked before each day's use by testing a person with known, stable hearing thresholds or by appropriate calibration device, and by listening to the audiometer's output to make sure that the output is free from distorted or unwanted sounds. Deviations of 10 decibels or greater require an acoustic calibration. … | ||||
| 49:49:4.1.1.1.21.2.15.7 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.113 Noise operational controls. | FRA | (a) Railroads may use noise operational controls at any sound level to reduce exposures to levels below those required by Table A-1 of appendix A of this part. (b) Railroads are encouraged to use noise operational controls when employees are exposed to sound exceeding an 8-hour TWA of 90 dB(A). | |||||
| 49:49:4.1.1.1.21.2.15.8 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.115 Hearing protectors. | FRA | (a) General requirements for hearing protectors. (1) The railroad shall provide hearing protectors to employees at no cost to the employee. (2) The railroad shall replace hearing protectors as necessary. (3) When offering hearing protectors, a railroad shall consider an employee's ability to understand and respond to voice radio communications and audible warnings. (4) The railroad shall give employees the opportunity to select their hearing protectors from a variety of suitable hearing protectors. The selection shall include devices with a range of attenuation levels. (5) The railroad shall provide training in the use and care of all hearing protectors provided to employees. (6) The railroad shall ensure proper initial fitting and supervise the correct use of all hearing protectors. (b) Availability of hearing protectors. A railroad shall make hearing protectors available to all employees exposed to sound levels that meet or exceed the action level. (c) Required use at action level. A railroad shall require the use of hearing protectors when an employee is exposed to sound levels that meet or exceed the action level, and the employee has: (1) Not yet had a baseline audiogram established pursuant to § 227.109; or (2) Experienced a standard threshold shift and is required to use hearing protectors under § 227.109(h). (d) Required use for TWA of 90 dB(A). The railroad shall require the use of hearing protectors when an employee is exposed to sound levels equivalent to an 8-hour TWA of 90 dB(A) or greater. The hearing protectors should be used to reduce sound levels to within those levels required by appendix A of this part. | |||||
| 49:49:4.1.1.1.21.2.15.9 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | B | Subpart B—Occupational Noise Exposure for Railroad Operating Employees. | § 227.117 Hearing protector attenuation. | FRA | (a) A railroad shall evaluate hearing protector attenuation for the specific noise environments in which the protector will be used. The railroad shall use one of the evaluation methods described in appendix B of this part; “Methods for Estimating the Adequacy of Hearing Protector Attenuation.” (b) Hearing protectors shall attenuate employee exposure to an 8-hour TWA of 90 decibels or lower, as required by § 227.115. (c) For employees who have experienced a standard threshold shift, hearing protectors must attenuate employee exposure to an 8-hour time-weighted average of 85 decibels or lower. (d) The adequacy of hearing protector attenuation shall be re-evaluated whenever employee noise exposures increase to the extent that the hearing protectors provided may no longer provide adequate attenuation. A railroad shall provide more effective hearing protectors where necessary. | |||||
| 49:49:4.1.1.1.21.3.15.1 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.201 Criteria for requiring availability of EEBAs in the locomotive cab. | FRA | (a) In general. (1)(i) Except as specified in paragraph (b) of this section, a railroad is required to provide an EEBA to each of the following of its employees while the employee is located in the cab of a locomotive of an in-service freight train transporting a PIH material, including a residue of a PIH material: (A) Any train employee; (B) Any direct supervisor of the train employee; (C) Any employee who is deadheading; and (D) Any other employee designated by the railroad in writing and at the discretion of the railroad. (ii) Each EEBA provided to an employee identified in paragraph (a)(1)(i) of this section must meet the EEBA-selection criteria of § 227.203 and must have been inspected and be in working order pursuant to the requirements of § 227.207 at the time that the EEBA is provided to the employee. (2) Except as specified in paragraph (b) of this section, a railroad shall not use a locomotive to transport a PIH material, including a residue of a PIH material, in an in-service freight train unless each of the employees identified in paragraph (a)(1)(i) of this section while occupying a locomotive cab of the train has access to an EEBA that satisfies the EEBA selection criteria in § 227.203 and that has been inspected and is in working order pursuant to the requirements in § 227.207. (b) Exceptions. (1) A railroad is not required to provide an EEBA, or make accessible an EEBA, to an employee while in the locomotive cab of an in-service freight train transporting a PIH material if all of the PIH materials in the train, including a residue of a PIH material, are being transported in one or more intermodal containers. (2) This subpart does not apply to any of the following: (i) Employees who are moving a locomotive or group of locomotives coupled to a car or group of cars transporting a PIH material, including a residue of a PIH material, only within the confines of a locomotive repair or servicing area. (ii) Employees who are moving a locomotive or group of locomotives coupled to a car or gro… | |||||
| 49:49:4.1.1.1.21.3.15.10 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.219 Incorporation by reference. | FRA | Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorporation by reference (IBR) material is available for inspection at the FRA and the National Archives and Records Administration (NARA). Contact FRA at: Federal Railroad Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; phone: (202) 493-6052; email: FRALegal@dot.gov . For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the following sources: (a) The British Standards Institution, 12110 Sunset Hills Road, Suite 200, Reston, VA 20190-5902, phone: 800-862-4977; website: shop.bsigroup.com. (1) BS EN 1146:2005, Respiratory protective devices—Self-contained, open-circuit compressed air breathing apparatus incorporating a hood for escape—requirements, testing, marking; February 2, 2006; into §§ 227.203(b) and 227.207(c). (2) BS EN 13794:2002, Respiratory protective devices—Self-contained, closed-circuit breathing apparatus for escape—requirements, testing, marking, November 26, 2002; into §§ 227.203(b) and 227.207(c). (b) International Organization for Standardization, Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland; phone +41-22-749-08-88; website: www.iso.org. (1) ISO 23269-1:2008(E), Ships and marine technology—Breathing apparatus for ships—Part 1: Emergency escape breathing devices (EEBD) for shipboard use, First Edition, February 1, 2008; into §§ 227.203(b) and 227.207(c). (2) [Reserved] | |||||
| 49:49:4.1.1.1.21.3.15.2 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.203 Criteria for selecting EEBAs. | FRA | In selecting the appropriate EEBA to provide to an employee, the railroad shall do the following: (a) Select an atmosphere-supplying EEBA that protects against all PIH materials (including their residue) that are being transported by the freight train while in service. (b) Ensure that the type of respirator selected meets the requirements of paragraph (c)(1) of this section regarding minimum breathing capacity and is— (1) Certified for an escape only purpose by NIOSH pursuant to 42 CFR part 84; or (2) Declared by the manufacturer, based on verifiable testing by the manufacturer or an independent third party, to meet the criteria established by one of the following: (i) ISO 23269-1:2008 (incorporated by reference, see § 227.219); (ii) BS EN 13794:2002 (incorporated by reference, see § 227.219); or (iii) BS EN 1146:2005 (incorporated by reference, see § 227.219). (c) Document, and provide such documentation for inspection by FRA upon request, the rationale for the final selection of an EEBA by addressing each of the following concerns: (1) Breathing time. Each EEBA must be fully charged and contain a minimum breathing capacity of 15 minutes at the time of the pre-trip inspection required under § 227.207(a)(1). (2) Head and neck protection. The EEBA selected must provide a means of protecting the individual's head and neck from the irritating effects of PIH materials to facilitate escape. (3) Accommodation for eyeglasses and a range of facial features. The EEBA selected must provide a means of protecting each employee who is required to be provided with the EEBA, including those who wear glasses, and allow for the reasonable accommodation of each such employee's facial features, including facial hair. | |||||
| 49:49:4.1.1.1.21.3.15.3 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.205 Storage facilities for EEBAs. | FRA | (a) A railroad may not use a locomotive if it is part of an in-service freight train transporting a PIH material, including a residue of a PIH material, and the locomotive cab is occupied by an employee identified in § 227.201(a)(1)(i)(A) through (D) (subject employee), unless the locomotive cab has appropriate storage facilities to hold the number of EEBAs required to be provided. (b) The storage facility for each required EEBA must— (1) Prevent deformation of the face piece and exhalation valve, where applicable; (2) Protect the EEBA from incidental damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals; (3) Provide each subject employee located in the locomotive cab with ready access to the EEBA during an emergency; and (4) Provide a means for each subject employee to locate the EEBA under adverse conditions such as darkness or disorientation. (c) A railroad must comply with the applicable manufacturer's instructions for storage of each required EEBA and must keep a copy of the instructions at its system headquarters for FRA inspection. | |||||
| 49:49:4.1.1.1.21.3.15.4 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.207 Railroad's program for inspection, maintenance, and replacement of EEBAs; requirements for procedures. | FRA | (a) General. Each railroad shall establish and comply with a written program for inspection, maintenance, and replacement of EEBAs that are required under this subpart. The program for inspection, maintenance, and replacement of EEBAs shall be maintained at the railroad's system headquarters and shall be amended, as necessary, to reflect any significant changes. This program shall include the following procedures: (1) Procedures for performing and recording a pre-trip inspection of each EEBA that is required to be provided on a locomotive being used to transport a PIH material and procedures for cleaning, replacing, or repairing each required EEBA, if necessary, prior to its being provided under § 227.201(a); (2) Procedures for performing and recording periodic inspections and maintenance of each required EEBA in a manner and on a schedule in accordance with the manufacturer's recommendations; and (3) Procedures for turning in and obtaining a replacement for a defective, failed, or used EEBA and for recording those transactions. (b) Inspection procedures and records. (1) A railroad's procedures for pre-trip and periodic inspections of EEBAs shall require that the following information about each pre-trip and periodic inspection be accurately recorded on a tag or label that is attached to the storage facility for the EEBA or kept with the EEBA or in inspection reports stored as paper or electronic files: (i) The name of the railroad performing the inspection; (ii) The date that the inspection was performed; (iii) The name and signature of the individual who made the inspection; (iv) The findings of the inspection; (v) The required remedial action; and (vi) A serial number or other means of identifying the inspected EEBA. (2) A railroad shall maintain an accurate record of each pre-trip and periodic inspection required by this section. Pre-trip inspection records shall be retained for a period of 92 days. Periodic inspection records shall be retained for a period of one year. (c) Procedures applica… | |||||
| 49:49:4.1.1.1.21.3.15.5 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.209 Railroad's program of instruction on EEBAs. | FRA | (a) General. (1) A railroad shall adopt and comply with its written program of instruction on EEBAs for all of its employees in its general EEBA program under § 227.211 (subject employees). The program of instruction shall be maintained at the railroad's system headquarters and shall be amended, as necessary, to reflect any significant changes. (2) This program may be integrated with the railroad's program of instruction on operating rules under § 217.11 of this chapter or its program of instruction for hazmat employees under § 172.704 of this title. If the program is not integrated with either of these programs, it must be written in a separate document that is available for inspection by FRA. (b) Subject matter. The railroad's program of instruction shall require that the subject employees demonstrate knowledge of at least the following: (1) Why the EEBA is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the EEBA. (2) The capabilities and limitations of the EEBA, particularly the limited time for use. (3) How to use the EEBA effectively in emergency situations, including situations in which the EEBA malfunctions. (4) How to inspect, put on, remove, and use the EEBA, and how to check the seals of the EEBA. (5) Procedures for maintenance and storage of the EEBA that must be followed. (6) The requirements of this subpart related to the responsibilities of employees and the rights of employees to have access to records. (7) The hazardous materials classified as PIH materials. (c) Dates of initial instruction and intervals for periodic instruction. (1) The instruction for current subject employees shall be provided on an initial basis no later than 30 days prior to the date of compliance identified in § 227.217. Initial instruction of new subject employees shall occur either 30 days prior to the date of compliance identified in § 227.217 or before assignment to jobs where the deployment of EEBAs on a locomotive is required, whichever is later. (2) Initia… | |||||
| 49:49:4.1.1.1.21.3.15.6 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.211 Requirement to implement a general EEBA program; criteria for placing employees in the general EEBA program. | FRA | (a) In general. A railroad shall adopt and comply with a comprehensive, written, general program to implement this subpart that shall be maintained at the railroad's system headquarters. Each railroad shall amend its general EEBA program, as necessary, to reflect any significant changes. (b) Elements of the general EEBA program and criteria for placing employees in program. A railroad's general EEBA program shall— (1) Identify the individual who implements and manages the railroad's general EEBA program by title. The individual must have suitable training and sufficient knowledge, experience, skill, and authority to enable him or her to manage properly a program for provision of EEBAs. If the individual is not directly employed by the railroad, the written program must identify the business relationship of the railroad to the individual fulfilling this role. (2) Describe the administrative and technical process for selection of EEBAs appropriate to the hazards that may be reasonably expected. (3) Describe the process used to procure and provide EEBAs in a manner to ensure the continuous and ready availability of an EEBA to each of the railroad's employees identified in § 227.201(a)(1)(i)(A) through (D) (while actually occupying the locomotive cab of a freight train in service transporting a PIH material). This description shall include— (i) A description of the method used for provision of EEBAs, including whether the EEBAs are individually assigned to employees, installed on locomotives as required equipment, or provided by other means. If EEBAs are installed on locomotives as required equipment, the means of securement shall be designated. (ii) The decision criteria used by the railroad to identify trains in which provision of EEBAs is not required. (iii) A description of what procedures will govern the railroad at interchange to ensure that the locomotive cab in each in-service freight train transporting a PIH material has an EEBA accessible to each of the employees identified in § 227.201(a)(1)(i)(… | |||||
| 49:49:4.1.1.1.21.3.15.7 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.213 Employee's responsibilities. | FRA | (a) An employee to whom the railroad provides an EEBA shall— (1) Participate in training under § 227.209; (2) Follow railroad procedures to ensure that the railroad's EEBAs— (i) Are maintained in a secure and accessible manner; (ii) Are inspected as required by this subpart and the railroad's program of inspection; and (iii) If found to be unserviceable upon inspection, are turned in to the appropriate railroad facility for repair, periodic maintenance, or replacement; and (3) Notify the railroad of EEBA failures and of use incidents in a timely manner. (b) No employee shall willfully tamper with or vandalize an EEBA that is provided pursuant to § 227.201(a) in an attempt to disable or damage the EEBA. | |||||
| 49:49:4.1.1.1.21.3.15.8 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.215 Recordkeeping in general. | FRA | (a) Availability of records. (1) A railroad shall make all records required by this subpart available for inspection and copying or photocopying to representatives of FRA, upon request. (2) Except for records of pre-trip inspections of EEBAs under § 227.207, records required to be retained under this subpart must be kept at the system headquarters and at each division headquarters where the tests and inspections are conducted. (b) Electronic records. All records required by this subpart may be kept in electronic form by the railroad. A railroad may maintain and transfer records through electronic transmission, storage, and retrieval provided that all of the following conditions are met: (1) The electronic system is designed so that the integrity of each record is maintained through appropriate levels of security such as recognition of an electronic signature, or other means, which uniquely identify the initiating person as the author of that record. No two persons have the same electronic identity. (2) The electronic system ensures that each record cannot be modified in any way, or replaced, once the record is transmitted and stored. (3) Any amendment to a record is electronically stored apart from the record that it amends. Each amendment to a record is uniquely identified as to the individual making the amendment. (4) The electronic system provides for the maintenance of records as originally submitted without corruption or loss of data. (5) Paper copies of electronic records and amendments to those records that may be necessary to document compliance with this subpart are made available for inspection and copying or photocopying by representatives of FRA. | |||||
| 49:49:4.1.1.1.21.3.15.9 | 49 | Transportation | II | 227 | PART 227—OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB | C | Subpart C—Emergency Escape Breathing Apparatus Standards | § 227.217 Compliance dates. | FRA | [90 FR 38075, Aug. 7, 2025] | (a) Class I railroads subject to this subpart are required to comply with this subpart beginning no later than 12 months from March 26, 2025. (b) Class II railroads subject to this subpart are required to comply with this subpart beginning no later than 12 months from March 26, 2025. (c) Class III railroads subject to this subpart and any other railroads subject to this subpart are required to comply with this subpart beginning no later than 18 months from March 26, 2025. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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