cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
105 rows where part_number = 228 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, chapter, subchapter, part_name, subpart, subpart_name, amendment_citations
part_number 1
- 228 · 105 ✖
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 20:20:1.0.2.8.22.1.155.1 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | A | Subpart A—General | § 228.1 Introduction. | SSA | (a) What does this part include? This part includes the computation of a widow(er)'s, disabled widow(er)'s, remarried widow(er)'s, surviving divorced spouse's, parent's, and child's insurance annuity under the Railroad Retirement Act. This part describes the two annuity components or tiers which are included in these annuities. The tier I annuity component, which may be payable in all of the above annuities, is described in subpart B of this part. Subpart C of this part describes the tier II annuity component which is only applicable to the widow(er)'s, disabled widow(er)'s, parent's, and child's annuity. (b) Other relevant parts. (1) Part 225, Primary Insurance Amount Determinations, describes the various types of primary insurance amounts which form the basis of the computation of the tier I annuity component described in this part. (2) Part 216, Eligibility for an Annuity, describes the eligibility requirements for receipt of the annuity computations described in this part. | ||||
| 20:20:1.0.2.8.22.1.155.2 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | A | Subpart A—General | § 228.2 Tier I and tier II annuity components. | SSA | (a) Tier I annuity component. The Tier I annuity component is generally the amount that would have been payable under the Social Security Act if all of the employee's earnings after 1936 under both the railroad retirement system and the social security system had been creditable under the Social Security Act. (b) Tier II annuity component. The tier II annuity component is the portion of the survivor's annuity which is based on an employee's railroad earnings only. The tier II component of an annuity described in this part is a specified percentage of the employee's actual or anticipated tier II annuity component. | ||||
| 20:20:1.0.2.8.22.2.155.1 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.10 Computation of the tier I annuity component for a widow(er), disabled widow(er), remarried widow(er), and a surviving divorced spouse. | SSA | The tier I annuity component for these beneficiaries is generally based on the survivor tier I Primary Insurance Amount (PIA). The survivor tier I PIA is determined in accordance with section 215 of the Social Security Act using the deceased employee's combined railroad and social security earnings after 1950 (or after 1936 if a higher PIA would result) up to the maximum creditable amounts through the year of the employee's death. See part 225 of this chapter. This amount may be further adjusted for certain reductions or deductions as described in §§ 228.15-228.20 of this part and is subject to the family maximum. See § 228.14 of this part. | ||||
| 20:20:1.0.2.8.22.2.155.10 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.19 Reduction for a social security benefit. | SSA | The tier I annuity component is reduced for the amount of any social security benefit to which the survivor annuitant is entitled. | ||||
| 20:20:1.0.2.8.22.2.155.11 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.20 Reduction for an employee annuity. | SSA | (a) General. If an individual is entitled to an annuity as a survivor, and is also entitled to an employee annuity, then the survivor annuity must be reduced by the amount of the employee annuity. However, this reduction does not apply (except as provided in paragraph (b) of this section) if the survivor or the individual upon whose earnings record the survivor annuity is based worked for a railroad employer or as an employee representative before January 1, 1975. (b) Tier I reduction. If an individual is entitled to an annuity as a survivor, then the tier I component of the survivor annuity must be reduced by the amount of the tier I component of the employee annuity after reduction for age. Where the survivor is entitled to a tier II component and either the survivor or the employee had railroad earnings before 1975, a portion of this reduction may be restored in the computation of the tier II component (see § 228.52 of this part). | ||||
| 20:20:1.0.2.8.22.2.155.12 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.21 Entitlement as a spouse or divorced spouse and as a survivor. | SSA | If an individual is entitled to both a spouse or divorced spouse and survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she may receive the smaller annuity rather than the larger annuity. | ||||
| 20:20:1.0.2.8.22.2.155.13 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.22 Entitlement to more than one survivor annuity. | SSA | If an individual is entitled to more than one survivor annuity, only the larger annuity will be paid. However, if the individual so chooses, he or she may receive the smaller annuity rather than the larger annuity. | ||||
| 20:20:1.0.2.8.22.2.155.14 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.23 Priority of reductions. | SSA | The tier I component of the survivor annuity is first reduced by the family maximum, if applicable, then any applicable age reduction, then by any public pension offset, then by any social security benefit payable, then by the tier I component of any employee annuity payable to the survivor annuitant. | ||||
| 20:20:1.0.2.8.22.2.155.15 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.40 Cost of living increase applicable to the tier I annuity component. | SSA | The tier I annuity component of a survivor annuity is increased at the same time and by the same percentage as the increase provided for under section 215(i) of the Social Security Act. The amount of the increase is published in the Federal Register annually. The cost-of-living increase is payable beginning with the benefit for the month of December of the year for which the increase is due. The increase is paid in the January payment. | ||||
| 20:20:1.0.2.8.22.2.155.2 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.11 Computation of the tier I annuity component of a widow(er) with a child in care, remarried widow(er) with a child in care, or a surviving divorced spouse with a child in care. | SSA | The tier I annuity component of a widow(er), remarried widow(er), or a surviving divorced spouse with a child of the employee in his or her care is 75 percent of the PIA computed under § 228.10 of this part. The amount may be adjusted for certain reductions and deductions described in §§ 228.15-228.20 of this part and is subject to the family maximum. See § 228.14 of this part. | ||||
| 20:20:1.0.2.8.22.2.155.3 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.12 Computation of the tier I annuity component of a child's insurance annuity. | SSA | The tier I annuity component of a child's insurance annuity is 75 percent of the PIA computed under § 228.10 of this part. The amount may be adjusted for the family maximum. See § 228.14 of this part. | ||||
| 20:20:1.0.2.8.22.2.155.4 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.13 Computation of the tier I annuity component of a parent's insurance annuity. | SSA | The tier I annuity component of a parent's insurance annuity is dependent on whether one or two parents are entitled. (a) One parent entitled. A parent's tier I annuity component is equal to 82 1/2 percent of the PIA computed under § 228.10 of this part. (b) More than one parent entitled. A parent's tier I annuity component is equal to 75 percent of the PIA computed under § 228.10 of this part. (c) The amounts computed under paragraph (a) or (b) of this section may be adjusted for the family maximum. See § 228.14 of this part. | ||||
| 20:20:1.0.2.8.22.2.155.5 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.14 Family maximum. | SSA | (a) Family maximum defined. Under the Social Security Act, the amount of total monthly benefits that can be paid for any month on one person's earnings record is limited. This limited amount is called the family maximum. The family maximum is based on the survivor tier I PIA (see part 225 of this chapter). Generally, if three or more persons are entitled to benefits, their benefits will be adjusted for the family maximum. (b) Computation of the family maximum —(1) The employee attains age 62, has a period of disability or dies prior to 1979. The maximum is the amount appearing in column V of the applicable table published each year by the Secretary of Health and Human Services on the line on which appears in column IV the primary insurance amount of the insured individual whose compensation is the basis for the benefits payable. Where the total of the survivor benefits exceeds the maximum, the total tier I benefits for each month after 1964 are reduced to the amount appearing in column V. Each survivor's benefit is proportionately reduced, based on the percentage of the PIA used to compute the survivor benefits. However, when any of the persons entitled to benefits on the insured individual's compensation would, except for the limitation described in § 404.353(b) of title 20 (dealing with the entitlement to more than one child's benefit), be entitled to a child's annuity on the basis of the compensation of one or more other insured individuals, the total benefits payable may not be reduced to less than the smaller of— (i) The sum of the maximum amounts of benefits payable on the basis of the compensation of all such insured individuals, or (ii) The last figure in column V of the applicable table published each year by the Secretary of Health and Human Services. The “applicable table” refers to the table which is effective for the month the benefit is payable. (2) The employee attains age 62, has a period of disability or dies in 1979. The maximum is computed as follows: (i) 150 percent of the first $2… | ||||
| 20:20:1.0.2.8.22.2.155.6 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.15 Reduction for age. | SSA | (a) Widow(er), surviving divorced spouse, or remarried widow(er). The tier I annuity component is reduced 19/40 of 1 percent multiplied by the number of months before the annuitant attains full retirement age (presently age 65) effective with the annuity beginning date for widow(ers) born before 1/2/40. (For widow(ers) born after 1/1/40, see section 216(l) of the Social Security Act.) (b) Disabled widow(er), disabled surviving divorced spouse, or disabled remarried widow(er). The tier I annuity component is reduced for a maximum of 60 months even though the annuity may begin at age 50. | ||||
| 20:20:1.0.2.8.22.2.155.7 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.16 Adjustments in the age reduction factor (ARF). | SSA | Upon the attainment of retirement age, the previously-computed age reduction factor is adjusted to remove those months for which a full annuity was not paid even though the individual was entitled. | ||||
| 20:20:1.0.2.8.22.2.155.8 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.17 Adjustments to the widow(er)'s, disabled widow(er)'s, surviving divorced spouse's, and remarried widow(er)'s tier I annuity amount. | SSA | (a) If the employee died before attaining age 62 and after 1978 and the widow(er), disabled widow(er), remarried widow(er), or surviving divorced spouse is first eligible after 1984, the Board will compute the tier I annuity amount as if the employee had not died but had reached age 62 in the second year after the indexing year (see § 225.2 of this chapter); provided, however, that if the employee was entitled to a primary insurance amount based on average monthly wages this section is not applicable. The indexing year is never earlier than the second year before the year of the employee's death. Except for this limitation it is the earlier of__ (1) The year the employee attained age 60, or would have attained age 60 had the employee lived, and (2) The second year before the year in which the widow(er), remarried widow(er), or surviving divorced spouse becomes eligible for such an annuity, has attained age 60, or is age 50-59 and disabled. (b) The tier I annuity component is increased if the employee's annuity was increased or would have been increased based on delayed retirement credits (see § 225.36 of this chapter). (c) The tier I annuity component is reduced if the employee had been entitled to an age reduced annuity, including an annuity based on 30 years of service, which is reduced for age because it began before the employee attained age 62. In this instance, the widow(er)'s, remarried widow(er)'s, or surviving divorced spouse's tier I annuity component after applying any reduction for age is further reduced to the larger of amount the employee would have received as a tier I annuity component if still alive or 82 1/2 percent of his or her primary insurance amount. | ||||
| 20:20:1.0.2.8.22.2.155.9 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | B | Subpart B—The Tier I Annuity Component | § 228.18 Reduction for public pension. | SSA | (a) The tier I annuity component of a widow(er), remarried widow(er), surviving divorced spouse, or disabled widow(er) annuity, as described in the preceding sections of this part, is reduced if the survivor is in receipt of a public pension. (b) When reduction is required. Unless the survivor annuitant meets one of the exceptions in paragraph (d) of this section, the tier I annuity component is reduced each month the survivor annuitant is receiving a monthly pension from a Federal, State, or local government agency (Government pension) for which he or she was employed in work not covered by social security on the last day of such employment. For purposes of this section, Federal government employees are not considered to be covered by social security if they are covered for Medicare but are not otherwise covered by social security, or if they are covered under social security solely by an election to become subject to the Federal Employees and Retirement System made after December 31, 1987, and have not worked 60 months under that system. (c) Payment in a lump sum. If the Government pension is not paid monthly or is paid in a lump-sum payment, the Board will determine how much the pension would be if it were paid monthly. If one of the alternatives to a lump-sum payment is a life annuity, and the amount of the monthly benefit for the life annuity can be determined, the reduction will be based on that monthly benefit amount. Where the period for the equivalent monthly pension benefit is not clear, it may be necessary for the Board to determine the reduction period on an individual case basis. (d) Exceptions. The reduction does not apply: (1) If the survivor is receiving a Government pension based on employment for an interstate instrumentality; or (2) If the survivor receives or is eligible to receive a Government pension for one or more months in the period December 1977 through November 1982 and he or she meets the requirements for social security benefits that were applied in January 1977, assuming … | ||||
| 20:20:1.0.2.8.22.3.155.1 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | C | Subpart C—The Tier II Annuity Component | § 228.50 Tier II annuity component widow(er), child, or parent. | SSA | (a) General. The tier II annuity component is an additional amount payable to a widow(er), disabled widow(er), child, or parent, but not to a surviving divorced spouse or remarried widow(er), and a parent as provided in paragraph (b)(2) of this section, based on the railroad employee's earnings in the railroad industry. Unlike the tier I annuity component it is not reduced for any other social insurance benefit except a railroad retirement annuity. See §§ 228.20-228.23 of this part. (b) Amount of the tier II annuity component (1981 amendment) —(1) Widow(er) or disabled widow(er). The amount of a widow(er)'s or disabled widow(er)'s tier II annuity component is 50 percent of the amount of the employee's tier II which would have been payable in the month in which the widow became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time. (2) Parent. The amount of a parent's tier II annuity component is 35 percent of the amount of the employee's tier II annuity component which would have been payable in the month in which the parent became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time. However, if another survivor is entitled, or potentially entitled, to a tier II annuity component, the parent tier II annuity component is zero. (3) Child. The amount of each child's tier II annuity component is 15 percent of the employee's tier II annuity component which would have been payable in the month in which the child became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time. (c) Minimum tier II survivor annuity components. If the total tier II annuity components payable to survivors is less than 35 percent of the employee's tier II annuity component which would have been payable in the month the survivors became entitled had the employee been alive and in receipt of an annuity under the Railroad Retirement Act at that time, the in… | ||||
| 20:20:1.0.2.8.22.3.155.2 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | C | Subpart C—The Tier II Annuity Component | § 228.51 Takeback amount. | SSA | (a) The 1983 amendments to the Railroad Retirement Act provided that a portion of the cost-of-living increases payable on the tier I annuity component be offset from the amount of the tier II annuity. This amount is the takeback amount. The amount of the takeback and its application depends on the employee and survivor's annuity beginning dates. (b)(1) The tier II takeback amount for survivors whose annuity beginning date is January 1, 1984 or later is usually the amount of the employee's takeback amount. That amount is equal to 5 percent of the employee's primary insurance amount, less all applicable reductions (net tier I), on November 1, 1983. However, if the employee's annuity was reduced for a social security benefit but the survivor's annuity is not, the takeback amount is the amount the employee's annuity would have been reduced for the takeback if the employee's annuity had not been reduced for a social security benefit. If the employee's annuity had not been tiered or was being paid under the overall minimum, the Board will compute the amount of the tier II takeback that would have been applicable to the employee's annuity. (2) The tier II takeback amount for survivors whose annuity beginning date is before January 1, 1984 is equal to 5 percent of the survivor's net tier I annuity component, before deduction on account of work, on November 1, 1983. (3) The tier II takeback will be applied in accord with the above paragraphs in any case where the employee died or retired before January 1, 1984. If the employee died or retires after December 31, 1983, or the employee never retired and dies after December 31, 1993, no takeback will be applied to the survivor's annuity. (c) No takeback is applied if the survivor tier II annuity amount before the takeback is applied is $10.00 or less and cost-of-living increases have not increased the tier II annuity amount to more than $10.00 (the takeback may never reduce the tier II to an amount less than $10.00). | ||||
| 20:20:1.0.2.8.22.3.155.3 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | C | Subpart C—The Tier II Annuity Component | § 228.52 Restored amount. | SSA | (a) General. A restored amount is added to the tier II annuity component of a widow(er)'s annuity whose annuity is reduced for receipt of an employee annuity under the Railroad Retirement Act provided either the employee or the widow(er) had ten years of creditable railroad service prior to January 1, 1975. (b) Amount. The amount of the tier II restored amount for a widow(er) is the difference between the amount payable as a widow(er) under the Railroad Retirement Act of 1937 as increased by all annual social security cost-of-living percentage increases from January 1, 1975, until the later of the annuity beginning date of either the employee's annuity or the widow(er)'s annuity and the amount payable to the widow(er) under the Railroad Retirement Act of 1974 under the rules set forth in this part. (c) Widower. In order to qualify for an annuity under the 1937 Act and thus for a restored amount, a widower must have been dependent on his spouse for at least 50 percent of his support in the year prior to her death or at the time the spouse's annuity began. | ||||
| 20:20:1.0.2.8.22.3.155.4 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | C | Subpart C—The Tier II Annuity Component | § 228.53 Spouse minimum guarantee. | SSA | The Railroad Retirement Act provides that a spouse should receive no less as a widow(er) than he or she received as a spouse. However, if the widow(er) becomes entitled to a social security benefit, thus reducing his or her annuity, the spouse minimum guarantee is payable only to the extent that it guarantees the amount that the widow(er) would have received as a spouse had he or she been entitled to a social security benefit in the month preceding the employee's death in an amount equal to the amount of the social security benefit payable at the time the widow(er) first became entitled to the social security benefit. | ||||
| 20:20:1.0.2.8.22.3.155.5 | 20 | Employees' Benefits | II | B | 228 | PART 228—COMPUTATION OF SURVIVOR ANNUITIES | C | Subpart C—The Tier II Annuity Component | § 228.60 Cost-of-living increase. | SSA | The tier II annuity component of a survivor annuity under the Railroad Retirement Act is increased by 32.5 percent of the percentage increase under section 215(i) of the Social Security Act at the same time that any such increase is payable. The amount of the increase is published in the Federal Register annually. The cost-of-living is payable beginning with the benefit payable for the month of December of the year for which the increase is due. The increase is paid in the January payment. In addition, in determining the amount of the tier II component at the time the survivor annuity begins, all cost-of-living increases that were applied or would have been applied after the employee's annuity beginning date or death and prior to the surviving annuity beginning date are taken into consideration. | ||||
| 40:40:27.0.1.3.22.0.17.1 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.1 Applicability. | EPA | The criteria of this part 228 are established pursuant to section 102 of the Act and apply to the evaluation of proposed ocean dumping under title I of the Act. The criteria of this part 228 deal with the evaluation of the proposed dumping of material in ocean waters in relation to continuing requirements for effective management of ocean disposal sites to prevent unreasonable degradation of the marine environment from all wastes being dumped in the ocean. This part 228 is applicable to dredged material disposal sites only as specified in §§ 228.4(e), 228.9, and 228.12. | ||||||
| 40:40:27.0.1.3.22.0.17.10 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.10 Evaluating disposal impact. | EPA | (a) Impact of the disposal at each site designated under section 102 of the Act will be evaluated periodically and a report will be submitted as appropriate as part of the Annual Report to Congress. Such reports will be prepared by or under the direction of the EPA management authority for a specific site and will be based on an evaluation of all data available from baseline and trend assessment surveys, monitoring surveys, and other data pertinent to conditions at and near a site. (b) The following types of effects, in addition to other necessary or appropriate considerations, will be considered in determining to what extent the marine environment has been impacted by materials disposed of at an ocean disposal site: (1) Movement of materials into estuaries or marine sanctuaries, or onto oceanfront beaches, or shorelines; (2) Movement of materials toward productive fishery or shellfishery areas; (3) Absence from the disposal site of pollution-sensitive biota characteristic of the general area; (4) Progressive, non-seasonal, changes in water quality or sediment composition at the disposal site, when these changes are attributable to materials disposed of at the site; (5) Progressive, non-seasonal, changes in composition or numbers of pelagic, demersal, or benthic biota at or near the disposal site, when these changes can be attributed to the effects of materials disposed of at the site; (6) Accumulation of material constituents (including without limitation, human pathogens) in marine biota at or near the site. (c) The determination of the overall severity of disposal at the site on the marine environment, including without limitation, the disposal site and adjacent areas, will be based on the evaluation of the entire body of pertinent data using appropriate methods of data analysis for the quantity and type of data available. Impacts will be categorized according to the overall condition of the environment of the disposal site and adjacent areas based on the determination by the EPA management authority a… | ||||||
| 40:40:27.0.1.3.22.0.17.11 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.11 Modification in disposal site use. | EPA | [42 FR 2482, Jan. 11, 1977; 43 FR 1071, Jan. 6, 1978] | (a) Modifications in disposal site use which involve the withdrawal of designated disposal sites from use or permanent changes in the total specified quantities or types of wastes permitted to be discharged to a specific disposal site will be made through promulgation of an amendment to the disposal site designation set forth in this part 228 and will be based on the results of the analyses of impact described in § 228.10 or upon changed circumstances concerning use of the site. (b) Modifications in disposal site use promulgated pursuant to paragraph (a) of this section shall not automatically modify conditions of any outstanding permit issued pursuant to this subchapter H, and provided further that unless the EPA management authority for such site modifies, revokes or suspends such permit or any of the terms or conditions of such permit in accordance with the provisions of § 232.2 based on the results of impact analyses as described in § 228.10 or upon changed circumstances concerning use of the site, such permit will remain in force until its expiration date. (c) When the EPA management authority determines that activities at a disposal site have placed the site in Impact Category I, the Administrator or the Regional Administrator, as the case may be, shall place such limitations on the use of the site as are necessary to reduce the impacts to acceptable levels. (d) The determination of the Administrator as to whether to terminate or limit use of a disposal site will be based on the impact of disposal at the site itself and on the Criteria. | |||||
| 40:40:27.0.1.3.22.0.17.12 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.12 [Reserved] | EPA | |||||||
| 40:40:27.0.1.3.22.0.17.13 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.13 Guidelines for ocean disposal site baseline or trend assessment surveys under section 102 of the Act. | EPA | The purpose of a baseline or trend assessment survey is to determine the physical, chemical, geological, and biological structure of a proposed or existing disposal site at the time of the survey. A baseline or trend assessment survey is to be regarded as a comprehensive synoptic and representative picture of existing conditions; each such survey is to be planned as part of a continual monitoring program through which changes in conditions at a disposal site can be documented and assessed. Surveys will be planned in coordination with the ongoing programs of NOAA and other Federal, State, local, or private agencies with missions in the marine environment. The field survey data collection phase of a disposal site evaluation or designation study shall be planned and conducted to obtain a body of information both representative of the site at the time of study and obtained by techniques reproducible in precision and accuracy in future studies. A full plan of study which will provide a record of sampling, analytical, and data reduction procedures must be developed, documented and approved by the EPA management authority. Plans for all surveys which will produce information to be used in the preparation of environmental impact statements will be approved by the Administrator or his designee. This plan of study also shall be incorporated as an appendix into a technical report on the study, together with notations describing deviations from the plan required in actual operations. Relative emphasis on individual aspects of the environment at each site will depend on the type of wastes disposed of at the site and the manner in which such wastes are likely to affect the local environment, but no major feature of the disposal site may be neglected. The observations made and the data obtained are to be based on the information necessary to evaluate the site for ocean dumping. The parameters measured will be those indicative, either directly or indirectly, of the immediate and long-term impact of pollutants on the environment … | ||||||
| 40:40:27.0.1.3.22.0.17.14 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.14 [Reserved] | EPA | |||||||
| 40:40:27.0.1.3.22.0.17.15 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.15 Dumping sites designated on a final basis. | EPA | [59 FR 61130, Nov. 29, 1994] | (a)(1) The sites identified in this section are approved for dumping the indicated materials. Designation of these sites was based on environmental studies conducted in accordance with the provisions of this part 228, and the sites listed in this section have been found to meet the site designation criteria of §§ 228.5 and 228.6. (2) Unless otherwise specifically noted, site management authority for each site set forth in this section is delegated to the EPA Regional office under which the site entry is listed. (3) Unless otherwise specifically noted, all ocean dumping site coordinates are based upon the North American Datum of 1983 (NAD83). Further, note that the coordinates for each ocean disposal site may include either sexagesimal units (degrees, minutes, seconds) or decimal units (degrees, decimal minutes). (b) Region I Final Dredged Material Sites. (1) Portland, Maine, Dredged Material Disposal Site. (i) Location: 43°33′36″ N., 70°02′42″ W.; 43°33′36″ N., 70°01′18″ W.; 43°34′36″ N., 70°02′42″ W.; 43°34′36″ N., 70°01′18″ W. (ii) Size: One square nautical mile. (iii) Depth: 50 meters. (iv) Primary use: Dredged material. (v) Period of use: Continuing use. (vi) Restriction: Disposal shall be limited to dredged material. (2) Massachusetts Bay Disposal Site. (i) Location: Two overlapping circles: Center of existing MBDS: 42°25.1′ N, 70°35.0′ W, 1 nautical mile radius; Center of temporary expansion: 42°26.417′ N, 70°35.373′ W, 0.75 nautical mile radius (NAD 1983). (ii) Size: 4.60 sq. nautical miles. (iii) Depth: Range from 70 to 91 meters. (iv) Exclusive Use: Dredged material. (v) Period of Use: Continuing. (vi) Restriction: Disposal shall be limited to dredged material which meets the requirements of the MPRSA and its accompanying regulations. Disposal-and-capping is prohibited at the MBDS until its efficacy can be effectively demonstrated. The temporary expansion of the MBDS shall be used solely for the disposal of suitable dredged material generated during the Boston Har… | |||||
| 40:40:27.0.1.3.22.0.17.2 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.2 Definitions. | EPA | [42 FR 2482, Jan. 11, 1977, as amended at 73 FR 74987, Dec. 10, 2008] | (a) The term disposal site means a finally approved and precise geographical area within which ocean dumping of wastes is permitted under conditions specified in permits issued under sections 102 and 103 of the Act. Such sites are identified by boundaries established by coordinates of latitude and longitude for each corner, or by coordinates of latitude and longitude for the center point and a radius in nautical miles from that point. Boundary coordinates shall be identified as precisely as is warranted by the accuracy with which the site can be located with existing navigational aids or by the implantation of transponders, buoys or other means of marking the site. (b) The term baseline or trend assessment survey means the planned sampling or measurement of parameters at set stations or in set areas in and near disposal sites for a period of time sufficient to provide synoptic data for determining water quality, benthic, or biological conditions as a result of ocean disposal operations. The minimum requirements for such surveys are given in § 228.13. (c) The term disposal site evaluation study means the collection, analysis, and interpretation of all pertinent information available concerning an existing disposal site, including but not limited to, data and information from trend assessment surveys, monitoring surveys, special purpose surveys of other Federal agencies, public data archives, and social and economic studies and records of affected areas. (d) The term disposal site designation study means the collection, analysis and interpretation of all available pertinent data and information on a proposed disposal site prior to use, including but not limited to, that from baseline surveys, special purpose surveys of other Federal agencies, public data archives, and social and economic studies and records of areas which would be affected by use of the proposed site. (e) The term management authority means the EPA organizational entity assigned responsibility for implementing the management functio… | |||||
| 40:40:27.0.1.3.22.0.17.3 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.3 Disposal site management responsibilities. | EPA | [42 FR 2482, Jan. 11, 1977, as amended at 59 FR 61129, Nov. 29, 1994; 73 FR 74987, Dec. 10, 2008] | (a) Management of a site consists of regulating times, rates, and methods of disposal and quantities and types of materials disposed of; developing and maintaining effective ambient monitoring programs for the site; conducting disposal site evaluation and designation studies; and recommending modifications in site use and/or designation (e.g., termination of use of the site for general use or for disposal of specific wastes). (b) Each site, upon final designation, will be assigned to either an EPA Regional office or to EPA Headquarters for management. These designations will be consistent with the delegation of authority in § 220.4 of this chapter. The designated management authority is fully responsible for all aspects of the management of sites within the general requirements specified in § 220.4 and this chapter. Specific requirements for meeting the management responsibilities assigned to the designated management authority for each site are outlined in §§ 228.5 and 228.6. | |||||
| 40:40:27.0.1.3.22.0.17.4 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.4 Procedures for designation of sites. | EPA | [42 FR 2482, Jan. 11, 1977, as amended at 73 FR 74987, Dec. 10, 2008] | (a) General Permits. Geographical areas or regions within which materials may be dumped under a general permit will be published as part of the promulgation of each general permit. (b) Special permits. Areas where ocean dumping is permitted subject to the specific conditions of individual special permits, will be designated by promulgation in this part 228, and such designation will be made based on environmental studies of each site, regions adjacent to the site, and on historical knowledge of the impact of waste disposal on areas similar to such sites in physical, chemical, and biological characteristics. All studies for the evaluation and potential selection of dumping sites will be conducted in accordance with the requirements of §§ 228.5 and 228.6. The Administrator may, from time to time, designate specific locations for temporary use for disposal of small amounts of materials under a special permit only without disposal site designation studies when such materials satisfy the Criteria and the Administrator determines that the quantities to be disposed of at such sites will not result in significant impact on the environment. Such designations will be done by promulgation in this part 228, and will be for a specified period of time and for specified quantities of materials. (c) Emergency Permits. Dumping sites for materials disposed of under an emergency permit will be specified by the Administrator as a permit condition and will be based on an individual appraisal of the characteristics of the waste and the safest means for its disposal. (d) Research Permits. Dumping sites for research permits will be determined by the nature of the proposed study. Dumping sites will be specified by the Administrator as a permit condition. (e) Dredged Material Permits. (1) Areas where ocean dumping of dredged material is permitted subject to the specific conditions of Dredged Material permits issued by the U.S. Army Corps of Engineers will be designated by EPA promulgation in this part 228, and such designati… | |||||
| 40:40:27.0.1.3.22.0.17.5 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.5 General criteria for the selection of sites. | EPA | [42 FR 2482, Jan. 11, 1977, as amended at 73 FR 74987, Dec. 10, 2008] | (a) The dumping of materials into the ocean will be permitted only at sites or in areas selected to minimize the interference of disposal activities with other activities in the marine environment, particularly avoiding areas of existing fisheries or shellfisheries, and regions of heavy commercial or recreational navigation. (b) Locations and boundaries of disposal sites will be so chosen that temporary perturbations in water quality or other environmental conditions during initial mixing caused by disposal operations anywhere within the site can be expected to be reduced to normal ambient seawater levels or to undetectable contaminant concentrations or effects before reaching any beach, shoreline, marine sanctuary, or known geographically limited fishery or shellfishery. (c) [Reserved] (d) The sizes of ocean disposal sites will be limited in order to localize for identification and control any immediate adverse impacts and permit the implementation of effective monitoring and surveilance programs to prevent adverse long-range impacts. The size, configuration, and location of any disposal site will be determined as a part of the disposal site evaluation or designation study. (e) EPA will, wherever feasible, designate ocean dumping sites beyond the edge of the continental shelf and other such sites that have been historically used. | |||||
| 40:40:27.0.1.3.22.0.17.6 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.6 Specific criteria for site selection. | EPA | [42 FR 2482, Jan. 11, 1977, as amended at 84 FR 31515, July 2, 2019] | (a) In the selection of disposal sites, in addition to other necessary or appropriate factors determined by the Administrator, the following factors will be considered: (1) Geographical position, depth of water, bottom topography and distance from coast; (2) Location in relation to breeding, spawning, nursery, feeding, or passage areas of living resources in adult or juvenile phases; (3) Location in relation to beaches and other amenity areas; (4) Types and quantities of wastes proposed to be disposed of, and proposed methods of release, including methods of packing the waste, if any; (5) Feasibility of surveillance and monitoring; (6) Dispersal, horizontal transport and vertical mixing characteristics of the area, including prevailing current direction and velocity, if any; (7) Existence and effects of current and previous discharges and dumping in the area (including cumulative effects); (8) Interference with shipping, fishing, recreation, mineral extraction, desalination, fish and shellfish culture, areas of special scientific importance and other legitimate uses of the ocean; (9) The existing water quality and ecology of the site as determined by available data or by trend assessment or baseline surveys; (10) Potentiality for the development or recruitment of nuisance species in the disposal site; (11) Existence at or in close proximity to the site of any significant natural or cultural features of historical importance. (b) The results of a disposal site evaluation and/or designation study based on the criteria stated in paragraphs (a)(1) through (11) of this section will be presented in support of the site designation promulgation as an environmental assessment of the impact of the use of the site for disposal, and will be used in preparation of environmental impact statement for each site where such a statement is required by EPA policy. By publication of a notice in accordance with this part 228, an environmental impact statement, in draft form, will be made available for public comment not… | |||||
| 40:40:27.0.1.3.22.0.17.7 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.7 Regulation of disposal site use. | EPA | Where necessary, disposal site use will be regulated by setting limitations on times of dumping and rates of discharge, and establishing a disposal site monitoring program. | ||||||
| 40:40:27.0.1.3.22.0.17.8 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.8 Limitations on times and rates of disposal. | EPA | [73 FR 74987, Dec. 10, 2008] | Limitations as to time for and rates of dumping may be stated as part of the promulgation of site designation. The times and the quantities of permitted material disposal will be regulated by the EPA management authority so that the limits for the site as specified in the site designation are not exceeded. This will be accomplished by the denial of permits for the disposal of some materials, by the imposition of appropriate conditions on other permits and, if necessary, the designation of new disposal sites under the procedures of § 228.4. In no case may the total volume of material disposed of at any site under special permits cause the concentration of the total materials or any constituent of any of the materials being disposed of at the site to exceed limits specified in the site designation. | |||||
| 40:40:27.0.1.3.22.0.17.9 | 40 | Protection of Environment | I | H | 228 | PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING | § 228.9 Disposal site monitoring. | EPA | (a) The monitoring program, if deemed necessary by the Regional Administrator or the District Engineer, as appropriate, may include baseline or trend assessment surveys by EPA, NOAA, other Federal agencies, or contractors, special studies by permittees, and the analysis and interpretation of data from remote or automatic sampling and/or sensing devices. The primary purpose of the monitoring program is to evaluate the impact of disposal on the marine environment by referencing the monitoring results to a set of baseline conditions. When disposal sites are being used on a continuing basis, such programs may consist of the following components: (1) Trend assessment surveys conducted at intervals frequent enough to assess the extent and trends of environmental impact. Until survey data or other information are adequate to show that changes in frequency or scope are necessary or desirable, trend assessment and baseline surveys should generally conform to the applicable requirements of § 228.13. These surveys shall be the responsibility of the Federal government. (2) Special studies conducted by the permittee to identify immediate and short-term impacts of disposal operations. (b) These surveys may be supplemented, where feasible and useful, by data collected from the use of automatic sampling buoys, satellites or in situ platforms, and from experimental programs. (c) EPA will require the full participation of permittees, and encourage the full participation of other Federal and State and local agencies in the development and implementation of disposal site monitoring programs. The monitoring and research programs presently supported by permittees may be incorporated into the overall monitoring program insofar as feasible. | ||||||
| 49:49:4.1.1.1.22.1.15.1 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | A | Subpart A—General | § 228.1 Scope. | FRA | [43 FR 31012, July 19, 1978, as amended at 74 FR 25345, May 27, 2009; 76 FR 50396, Aug. 12, 2011; 76 FR 67087, Oct. 31, 2011] | This part— (a) Prescribes reporting and recordkeeping requirements with respect to the hours of service of certain railroad employees and certain employees of railroad contractors and subcontractors; (b) Establishes standards and procedures concerning the construction or reconstruction of sleeping quarters; (c) Establishes minimum safety and health standards for camp cars provided by a railroad as sleeping quarters for its employees and individuals employed to maintain its rights of way; and (d) Prescribes substantive hours of service requirements for train employees engaged in commuter or intercity rail passenger transportation. | ||||
| 49:49:4.1.1.1.22.1.15.2 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | A | Subpart A—General | § 228.3 Application and responsibility for compliance. | FRA | [76 FR 67087, Oct. 31, 2011] | (a) Except as provided in paragraph (b) of this section, subparts B and D of this part apply to all railroads, all contractors for railroads, and all subcontractors for railroads. Except as provided in paragraph (b) of this section, subparts C and E of this part apply only to all railroads. (b) Subparts B through E of this part do not apply to: (1) A railroad, a contractor for a railroad, or a subcontractor for a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation ( i.e., a plant railroad as defined in § 228.5); (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in § 228.5, except as provided in § 228.413(d)(2); or (3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (c) The application of subpart F of this part is set forth in § 228.401. | ||||
| 49:49:4.1.1.1.22.1.15.3 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | A | Subpart A—General | § 228.5 Definitions. | FRA | [74 FR 25346, May 27, 2009, as amended at 76 FR 50396, Aug. 12, 2011; 76 FR 67087, Oct. 31, 2011; 83 FR 43997, Aug. 29, 2018] | As used in this part— Actual time means either the specific time of day, to the hour and minute, or the precise amount of time spent in an activity, in hours and minutes, that must be included in the hours of duty record, including, where appropriate, reference to the applicable time zone and either standard time or daylight savings time. Administrator means the Administrator of the Federal Railroad Administration or any person to whom the Administrator has delegated authority in the matter concerned. Administrative duties means any activities required by the railroad as a condition of employment, related to reporting, recording, or providing an oral or written statement related to a current, previous, or future duty tour. Such activities are considered service for the railroad, and time spent in these activities must be included in the total time on duty for any duty tour with which it may commingle. Associate Administrator means the Associate Administrator for Railroad Safety/Chief Safety Officer, Office of Railroad Safety, Federal Railroad Administration, or any person to whom he or she has delegated authority in the matter concerned. At the behest of the employee refers to time spent by an employee in a railroad-related activity that is not required by the railroad as a condition of employment, in which the employee voluntarily participates. At the behest of the railroad refers to time spent by an employee in a railroad-required activity that compels an employee to perform service for the railroad as a condition of employment. Automated recordkeeping system means a recordkeeping system that— (1) An eligible smaller railroad, or a contractor or subcontractor to such a railroad, may use instead of a manual recordkeeping system or electronic recordkeeping system to create and maintain any records subpart B of this part requires; and (2) Conforms to the requirements of § 228.206. Broken (aggregate) service means one or more periods of time on duty within a single duty tour separated by one… | ||||
| 49:49:4.1.1.1.22.1.15.4 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | A | Subpart A—General | § 228.6 Penalties. | FRA | [76 FR 67087, Oct. 31, 2011, as amended at 77 FR 26704, May 7, 2012; 81 FR 43110, July 1, 2016; 82 FR 16134, Apr. 3, 2017; 83 FR 60748, Nov. 27, 2018; 84 FR 23735, May 23, 2019; 84 FR 37074, 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 89563, Dec. 28, 2023; 89 FR 106296, Dec. 30, 2024; 90 FR 28163, July 1, 2025] | (a) Civil penalties. Any person (an entity of any type covered under 49 U.S.C. 21301, including the following: a railroad; a manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor) 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. Violations of the hours of service laws themselves ( e.g., requiring an employee to work excessive hours or beginning construction of sleeping quarters subject to approval under subpart C of this part without prior approval) are subject to penalty under 49 U.S.C. 21303. (b) Criminal penalties. Any person who knowingly and willfully falsifies a report or record required to be kept under this part or otherwise knowingly and willfully violates any requirement of this part may be liable for criminal penalties of a fine under title 18 of the U.S. Code, imprisonment for up to two years, or both, in accordance with 49 U.S.C. 21311(a). | ||||
| 49:49:4.1.1.1.22.2.15.1 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.7 Hours of duty. | FRA | [37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978] | (a) For purposes of this part, time on duty of an employee actually engaged in or connected with the movement of any train, including a hostler, begins when he reports for duty and ends when he is finally released from duty, and includes— (1) Time engaged in or connected with the movement of any train; (2) Any interim period available for rest at a location that is not a designated terminal; (3) Any interim period of less than 4 hours available for rest at a designated terminal; (4) Time spent in deadhead transportation en route to a duty assignment; and (5) Time engaged in any other service for the carrier. Time spent in deadhead transportation by an employee returning from duty to his point of final release may not be counted in computing time off duty or time on duty. (b) For purposes of this part, time on duty of an employee who dispatches, reports, transmits, receives, or delivers orders pertaining to train movements by use of telegraph, telephone, radio, or any other electrical or mechanical device includes all time on duty in other service performed for the common carrier during the 24-hour period involved. (c) For purposes of this part, time on duty of an employee who is engaged in installing, repairing or maintaining signal systems includes all time on duty in other service performed for a common carrier during the 24-hour period involved. | ||||
| 49:49:4.1.1.1.22.2.15.2 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.9 Manual, electronic, and automated records; general. | FRA | [74 FR 25348, May 27, 2009, as amended at 83 FR 43998, Aug. 29, 2018] | (a) Manual records. Each manual record maintained under this part shall be— (1) Signed by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, signed by the ranking crewmember; (2) Retained for two years at locations identified by the carrier; and (3) Available upon request at the identified location for inspection and copying by the Administrator during regular business hours. (b) Electronic records. Each electronic record maintained under this part shall be— (1) Certified by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, certified by the reporting employee who is a member of the train crew or signal gang whose time is being recorded; (2) Electronically stamped with the certifying employee's name and the date and time of certification; (3) Retained for 2 years in a secured file that prevents alteration after certification; (4) Accessible by the Administrator through a computer terminal of the railroad, using a railroad-provided identification code and a unique password. (5) Reproducible using the printing capability at the location where records are accessed. (c) Automated records. Each automated record maintained under this part shall be— (1) Signed electronically by the employee whose time on duty is being recorded or, in the case of a member of a train crew or a signal employee gang, digitally signed by the reporting employee who is a member of the train crew or signal gang whose time is being recorded as provided by § 228.206(a); (2) Stamped electronically with the certifying employee's electronic signature and the date and time the employee electronically signed the record; (3) Retained for 2 years in a secured file that prevents alteration after electronic signature; (4) Accessible by the Administrator through a computer terminal of the railroad; and (5) Reproducible using printers at the location where records are accessed. | ||||
| 49:49:4.1.1.1.22.2.15.3 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.11 Hours of duty records. | FRA | [74 FR 25348, May 27, 2009, as amended at 76 FR 50397, Aug. 12, 2011; 83 FR 43998, Aug. 29, 2018] | (a) In general. Each railroad, or a contractor or a subcontractor of a railroad, shall keep a record of the hours of duty of each employee. Each contractor or subcontractor of a railroad shall also record the name of the railroad for whom its employee performed covered service during the duty tour covered by the record. Employees who perform covered service assignments in a single duty tour that are subject to the recordkeeping requirements of more than one paragraph of this section, must complete the record applicable to the covered service position for which they were called, and record other covered service as an activity constituting other service at the behest of the railroad. (b) For train employees. Except as provided by paragraph (c) of this section, each hours of duty record for a train employee shall include the following information about the employee: (1) Identification of the employee (initials and last name; or if last name is not the employee's surname, provide the employee's initials and surname). (2) Each covered service position in a duty tour. (3) Amount of time off duty before beginning a new covered service assignment or resuming a duty tour. (4) Train ID for each assignment required to be reported by this part, except for the following employees, who may instead report the unique job or train ID identifying their assignment: (i) Utility employees assigned to perform covered service, who are identified as such by a unique job or train ID; (ii) Employees assigned to yard jobs, except that employees assigned to perform yard jobs on all or parts of consecutive shifts must at least report the yard assignment for each shift; (iii) Assignments, either regular or extra, that are specifically established to shuttle trains into and out of a terminal during a single duty tour that are identified by a unique job or train symbol as such an assignment. (5) Location, date, and beginning time of the first assignment in a duty tour, and, if the duty tour exceeds 12 hours and includes a qualifyin… | ||||
| 49:49:4.1.1.1.22.2.15.4 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.13 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.22.2.15.5 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.17 Dispatcher's record of train movements. | FRA | [37 FR 12234, June 21, 1972, as amended at 90 FR 28162, July 1, 2025] | (a) Each carrier shall keep, for each dispatching district, a record of train movements made under the direction and control of a dispatcher who uses telephone, radio, or any other electrical or mechanical device to dispatch, report, transmit, receive, or deliver orders pertaining to train movements. The following information shall be included in the record: (1) Identification of timetable in effect. (2) Location and date. (3) Identification of dispatchers and their times on duty. (4) Identification of enginemen and conductors and their times on duty. (5) Identification of trains and engines. (6) Station names and office designations. (7) Distances between stations. (8) Direction of movement and the time each train passes all reporting stations. (9) Arrival and departure times of trains at all reporting stations. (10) Unusual events affecting movement of trains and identification of trains affected. (b) [Reserved] | ||||
| 49:49:4.1.1.1.22.2.15.6 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.19 Monthly reports of excess service. | FRA | [74 FR 25349, May 27, 2009, as amended at 76 FR 50397, Aug. 12, 2011] | (a) In general. Except as provided in paragraph (h) of this section, each railroad, or a contractor or a subcontractor of a railroad, shall report to the Associate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad Administration, Washington, DC 20590, each instance of excess service listed in paragraphs (b) through (e) of this section, in the manner provided by paragraph (f) of this section, within 30 days after the calendar month in which the instance occurs. (b) For train employees. Except as provided in paragraph (c) of this section, the following instances of excess service by train employees must be reported to FRA as required by this section: (1) A train employee is on duty for more than 12 consecutive hours. (2) A train employee continues on duty without at least 10 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 10 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported. 1 (3) A train employee returns to duty without at least 10 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 10 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported. 1 1 Instances involving duty tours that are broken by four or more consecutive hours of off duty time at a designated terminal which duty tours do not constitute more than a total of 12 hours time on duty are not required to be reported, provided such duty tours are immediately preceded by 10 or more consecutive hours of off-duty time. (4) A train employee returns to duty without additional time off duty, equal to the total amount of time by which the employee's sum of total time on duty and time spent awaiting or in deadhead transportation to the point of final release exceeds 12 hours. (5) A train employee exceeds a cumulative total of 276 hours in the following activities in a calen… | ||||
| 49:49:4.1.1.1.22.2.15.7 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.21 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.22.2.15.8 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | B | Subpart B—Records and Reporting | § 228.23 [Reserved] | FRA | ||||||
| 49:49:4.1.1.1.22.3.15.1 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | C | Subpart C—Construction of Railroad-Provided Sleeping Quarters | § 228.101 Distance requirement for employee sleeping quarters; definitions used in this subpart. | FRA | [43 FR 31012, July 19, 1978, as amended at 76 FR 67088, Oct. 31, 2011] | (a) The Hours of Service Act, as amended (45 U.S.C. 61-64b), makes it unlawful for any common carrier engaged in interstate or foreign commerce by railroad to begin, on or after July 8, 1976, the construction or reconstruction of sleeping quarters for employees who perform duties covered by the act “within or in the immediate vicinity (as determined in accordance with rules prescribed by the Secretary of Transportation) of any area where railroad switching or humping operations are performed.” 45 U.S.C. 62(a)(4). This subpart sets forth (1) a general definition of “immediate vicinity” (§ 228.101(b)), (2) procedures under which a carrier may request a determination by the Federal Railroad Administration that a particular proposed site is not within the “immediate vicinity” of railroad switching or humping operations (§§ 228.103 and 228.105), and (3) the basic criteria utilized in evaluating proposed sites (§ 228.107). (b) Except as determined in accordance with the provisions of this subpart, the ’immediate vicinity‘ shall mean the area within one-half mile (2,640 feet) (804 meters) of switching or humping operations as measured from the nearest rail of the nearest trackage where switching or humping operations are performed to the point on the site where the carrier proposes to construct or reconstruct the exterior wall of the structure, or portion of such wall, which is closest to such operations. (c) As used in this subpart— (1) Construction shall refer to the— (i) Creation of a new facility; (ii) Expansion of an existing facility; (iii) Placement of a mobile or modular facility; or (iv) Acquisition and use of an existing building. (2) Reconstruction shall refer to the— (i) Replacement of an existing facility with a new facility on the same site; or (ii) Rehabilitation or improvement of an existing facility (normal periodic maintenance excepted) involving the expenditure of an amount representing more than 50 percent of the cost of replacing such facility on the same site at the time the work of r… | ||||
| 49:49:4.1.1.1.22.3.15.2 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | C | Subpart C—Construction of Railroad-Provided Sleeping Quarters | § 228.102 Distance requirement for camp cars provided as sleeping quarters exclusively to MOW workers. | FRA | [76 FR 67088, Oct. 31, 2011] | (a) The hours of service laws at 49 U.S.C. 21106(b) provide that a railroad that uses camp cars must comply with 49 U.S.C. 21106(a) no later than December 31, 2009. Accordingly, on or after December 31, 2009, a railroad shall not begin construction or reconstruction of a camp car provided by the railroad as sleeping quarters exclusively for MOW workers within or in the immediate vicinity of any area where railroad switching or humping of placarded cars is performed. (b) This subpart includes definitions of most of the relevant terms (§ 228.101(b) and (c)), the procedures under which a railroad may request a determination by the Federal Railroad Administration that a particular proposed site for the camp car is not within the “immediate vicinity” of railroad switching or humping operations (§§ 228.103 and 228.105), and the basic criteria utilized in evaluating proposed sites. See § 228.5 for definitions of other terms. For purposes of this § 228.102, references to “employees” in §§ 228.103 through 228.107 shall be read to include MOW workers. | ||||
| 49:49:4.1.1.1.22.3.15.3 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | C | Subpart C—Construction of Railroad-Provided Sleeping Quarters | § 228.103 Approval procedure: construction within one-half mile (2,640 feet) (804 meters). | FRA | [43 FR 31012, July 19, 1978, as amended at 74 FR 25173, May 27, 2009] | (a) A common carrier that has developed plans for the construction or reconstruction of sleeping quarters subject to this subpart and which is considering a site less than one-half mile (2,640 feet) (804 meters) from any area where switching or humping operations are performed, measured from the nearest rail of the nearest trackage utilized on a regular or intermittent basis for switching or humping operations to the point on the site where the carrier proposes to construct or reconstruct the exterior wall of the structure, or portion of such wall, which is closest to such operations, must obtain the approval of the Federal Railroad Administration before commencing construction or reconstruction on that site. Approval may be requested by filing a petition conforming to the requirements of this subpart. (b) A carrier is deemed to have conducted switching or humping operations on particular trackage within the meaning of this subpart if placarded cars are subjected to the operations described in § 228.101(c)(3) within the 365-day period immediately preceding the date construction or reconstruction is commenced or if such operations are to be permitted on such trackage after such date. If the carrier does not have reliable records concerning the traffic handled on the trackage within the specified period, it shall be presumed that switching of placarded cars is conducted at the location and construction or reconstruction of sleeping quarters within one-half mile shall be subject to the approval procedures of this subpart. (c) A petition shall be filed in accordance with the requirements of § 211.7(b)(1) of this chapter and shall contain the following: (1) A brief description of the type of construction planned, including materials to be employed, means of egress from the quarters, and actual and projected exterior noise levels and projected interior noise levels; (2) The number of employees expected to utilize the quarters at full capacity; (3) A brief description of the site, including: (i) Distance from trac… | ||||
| 49:49:4.1.1.1.22.3.15.4 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | C | Subpart C—Construction of Railroad-Provided Sleeping Quarters | § 228.105 Additional requirements; construction within one-third mile (1,760 feet) (536 meters) of certain switching. | FRA | (a) In addition to providing the information specified by § 228.103, a carrier seeking approval of a site located within one-third mile (1,760 feet) (536 meters) of any area where railroad switching or humping operations are performed involving any cars required to be placarded “EXPLOSIVES A” or “POISON GAS” or any DOT Specification 112A or 114A tank cars transporting flammable gas subject to FRA emergency order No. 5 shall establish by a supplementary statement certified by a corporate officer possessing authority over the subject matter that— (1) No feasible alternate site located at or beyond one-third mile from switching or humping operations is either presently available to the railroad or is obtainable within 3 miles (15,840 feet) (4,827 meters) of the reporting point for the employees who are to be housed in the sleeping quarters; (2) Natural or other barriers exist or will be created prior to occupancy of the proposed facility between the proposed site and any areas in which switching or humping operations are performed which will be adequate to shield the facility from the direct and severe effects of a hazardous materials accident/incident arising in an area of switching or humping operations; (3) The topography of the property is such as most likely to cause any hazardous materials unintentionally released during switching or humping to flow away from the proposed site; and (4) Precautions for ensuring employee safety from toxic gases or explosions such as employee training and evacuation plans, availability of appropriate respiratory protection, and measures for fire protection, have been considered. (b) In the absence of reliable records concerning traffic handled on trackage within the one-third mile area, it shall be presumed that the types of cars enumerated in paragraph (a) of this section are switched on that trackage; and the additional requirements of this section shall be met by the petitioning carrier, unless the carrier establishes that the switching of the enumerated cars will be effe… | |||||
| 49:49:4.1.1.1.22.3.15.5 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | C | Subpart C—Construction of Railroad-Provided Sleeping Quarters | § 228.107 Action on petition. | FRA | (a) Each petition for approval filed under § 228.103 is referred to the Railroad Safety Board for action in accordance with the provisions of part 211, title 49, CFR, concerning the processing of requests for special approvals. (b) In considering a petition for approval filed under this subpart, the Railroad Safety Board evaluates the material factors bearing on— (1) The safety of employees utilizing the proposed facility in the event of a hazardous materials accident/incident and in light of other relevant safety factors; and (2) Interior noise levels in the facility. (c) The Railroad Safety Board will not approve an application submitted under this subpart if it appears from the available information that the proposed sleeping quarters will be so situated and constructed as to permit interior noise levels due to noise under the control of the railroad to exceed an L eq (8) value of 55dB(A). If individual air conditioning and heating systems are to be utilized, projections may relate to noise levels with such units turned off. (d) Approval of a petition filed under this subpart may be withdrawn or modified at any time if it is ascertained, after opportunity for a hearing, that any representation of fact or intent made by a carrier in materials submitted in support of a petition was not accurate or truthful at the time such representation was made. | |||||
| 49:49:4.1.1.1.22.4.15.1 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | D | Subpart D—Electronic Recordkeeping System and Automated Recordkeeping System | § 228.201 Electronic recordkeeping system and automated recordkeeping system; general. | FRA | [74 FR 25350, May 27, 2009, as amended at 83 FR 43998, Aug. 29, 2018; 83 FR 46885, Sept. 17, 2018] | (a) Electronic recordkeeping system. For purposes of compliance with the recordkeeping requirements of subpart B, a railroad, or a contractor or a subcontractor to a railroad may create and maintain any of the records required by subpart B through electronic transmission, storage, and retrieval provided that all of the following conditions are met: (1) The system used to generate the electronic record meets all requirements of this paragraph (a) of this section and all requirements of §§ 228.203 and 228.205; (2) The electronically generated record contains the information required by § 228.11; (3) The railroad, or contractor or subcontractor to the railroad, monitors its electronic database of employee hours of duty records through a sufficient number of monitoring indicators to ensure a high degree of accuracy of these records; (4) The railroad, or contractor or subcontractor to the railroad, trains its affected employees on the proper use of the electronic recordkeeping system to enter the information necessary to create their hours of service record, as required by § 228.207; (5) The railroad, or contractor or subcontractor to the railroad, maintains an information technology security program adequate to ensure the integrity of the system, including the prevention of unauthorized access to the program logic or individual records; and (6) FRA's Associate Administrator for Railroad Safety/Chief Safety Officer may prohibit or revoke the authority to use an electronic system if FRA finds the system is not properly secure, is inaccessible to FRA, or fails to record and store the information adequately and accurately. FRA will record such a determination in writing, including the basis for such action, and will provide a copy of its determination to the affected railroad, or contractor or subcontractor to a railroad. (b) Automated recordkeeping system. For purposes of compliance with the recordkeeping requirements of subpart B of this part, an eligible smaller railroad, or a contractor or a subcontractor … | ||||
| 49:49:4.1.1.1.22.4.15.2 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | D | Subpart D—Electronic Recordkeeping System and Automated Recordkeeping System | § 228.203 Program components. | FRA | (a) System security. The integrity of the program and database must be protected by a security system that utilizes an employee identification number and password, or a comparable method, to establish appropriate levels of program access meeting all of the following standards: (1) Data input is restricted to the employee or train crew or signal gang whose time is being recorded, with the following exceptions: (i) A railroad, or a contractor or subcontractor to a railroad, may allow its recordkeeping system to pre-populate fields of the hours of service record provided that— (A) The recordkeeping system pre-populates fields of the hours of service record with information known to the railroad, or contractor or subcontractor to the railroad, to be factually accurate for a specific employee. (B) The recordkeeping system may also provide the ability for employees to copy data from one field of a record into another field, where applicable. (C) Estimated, historical, or arbitrary data are not used to pre-populate any field of an hours of service record. (D) A railroad, or a contractor or a subcontractor to a railroad, is not in violation of this paragraph if it makes a good faith judgment as to the factual accuracy of the data for a specific employee but nevertheless errs in pre-populating a data field. (E) The employee may make any necessary changes to the data by typing into the field, without having to access another screen or obtain clearance from the railroad, or a contractor or subcontractor to a railroad. (ii) A railroad, or a contractor or a subcontractor to a railroad, shall allow employees to complete a verbal quick tie-up, or to transmit by facsimile or other electronic means the information necessary for a quick tie-up, if— (A) The employee is released from duty at a location at which there is no terminal available; (B) Computer systems are unavailable as a result of technical issues; or (C) Access to computer terminals is delayed and the employee has exceeded his or her maximum allowed time o… | |||||
| 49:49:4.1.1.1.22.4.15.3 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | D | Subpart D—Electronic Recordkeeping System and Automated Recordkeeping System | § 228.205 Access to electronic records. | FRA | (a) FRA inspectors and State inspectors participating under 49 CFR Part 212 must have access to hours of service records created and maintained electronically that is obtained as required by § 228.9(b)(4). (b) Railroads must establish and comply with procedures for providing an FRA inspector or participating State inspector with an identification number and temporary password for access to the system upon request, which access will be valid for a period not to exceed seven days. Access to the system must be provided as soon as possible and no later than 24 hours after a request for access. (c) The inspection screen provided to FRA inspectors and participating State inspectors for searching employee hours of duty records must be formatted so that— (1) Each data field entered by an employee on the input screen is visible to the FRA inspector or participating State inspector; and (2) The data fields are searchable as described in § 228.203(d) and yield access to all records matching criteria specified in a search. (3) Records are displayed in a manner that is both crew-based and duty tour oriented, so that the data pertaining to all employees who worked together as part of a crew or signal gang will be displayed together, and the record will include all of the assignments and activities of a given duty tour that are required to be recorded by this part. | |||||
| 49:49:4.1.1.1.22.4.15.4 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | D | Subpart D—Electronic Recordkeeping System and Automated Recordkeeping System | § 228.206 Requirements for automated records and for automated recordkeeping systems on eligible smaller railroads, and their contractors or subcontractors that provide covered service employees to such railroads. | FRA | [83 FR 43998, Aug. 29, 2018] | (a) Use of electronic signature. Each employee creating a record required by subpart B of this part must sign the record using an electronic signature that meets the following requirements: (1) The record contains the printed name of the signer and the date and actual time the signature was executed, and the meaning (such as authorship, review, or approval) associated with the signature; (2) Each electronic signature is unique to one individual and shall not be used by, or assigned to, anyone else; (3) Before an eligible smaller railroad, or a contractor or subcontractor to such a railroad, establishes, assigns, certifies, or otherwise sanctions an individual's electronic signature, or any element of such electronic signature, the organization shall verify the identity of the individual; (4) A person using an electronic signature shall, prior to or at the time of each such use, certify to FRA that the person's electronic signature in the system, used on or after August 29, 2018 is the legally binding equivalent of the person's traditional handwritten signature; (5) Each employee shall sign the initial certification of his or her electronic signature with a traditional handwritten signature, and each railroad using an automated system shall maintain certification of each electronic signature at its headquarters or the headquarters of any contractor or subcontractor providing employees who perform covered service to such a railroad, and railroads, contractors, and subcontractors must make the certification available to FRA upon request; and (6) A person using an electronic signature in such a system shall, upon FRA request, provide additional certification or testimony that a specific electronic signature is the legally binding equivalent of his or her handwritten signature. (b) System security. Railroads using an automated recordkeeping system must protect the integrity of the system by the use of an employee identification number and password, or a comparable method, to establish appropriate levels of … | ||||
| 49:49:4.1.1.1.22.4.15.5 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | D | Subpart D—Electronic Recordkeeping System and Automated Recordkeeping System | § 228.207 Training. | FRA | [74 FR 25350, May 27, 2009, as amended at 83 FR 43999, Aug. 29, 2018] | (a) In general. A railroad, or a contractor or subcontractor to a railroad, shall provide its train employees, signal employees, and dispatching service employees and its supervisors of these employees with initial training and refresher training as provided in this section. (b) Initial training. (1) Initial training shall include the following: (i) Instructional components presented in a classroom setting or by electronic means; and (ii) Experiential (“hands-on”) components; and (iii) Training on— (A) The aspects of the hours of service laws relevant to the employee's position that are necessary to understanding the proper completion of the hours of service record required by this part, and (B) The entry of hours of service data, into the electronic system or automated system or on the appropriate paper records used by the railroad or contractor or subcontractor to a railroad for which the employee performs covered service; and (iv) Testing to ensure that the objectives of training are met. (2) Initial training shall be provided— (i) To each current employee and supervisor of an employee as soon after May 27, 2009 as practicable; and (ii) To new employees and supervisors prior to the time that they will be required to complete an hours of service record or supervise an employee required to complete an hours of service record. (c) Refresher training. (1) The content and level of formality of refresher training should be tailored to the needs of the location and employees involved, except that the training shall— (i) Emphasize any relevant changes to the hours of service laws, the recording and reporting requirements in subparts B and D of this part, or the electronic, automated, or manual recordkeeping system of the railroad or contractor or subcontractor to a railroad for which the employee performs covered service since the employee last received training; and (ii) Cover any areas in which supervisors or other railroad managers are finding recurrent errors in the employees' records through th… | ||||
| 49:49:4.1.1.1.22.5.15.1 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.301 Purpose and scope. | FRA | The purpose of this subpart is to prescribe standards for the design, operation, and maintenance of camp cars that a railroad uses as sleeping quarters for its employees or MOW workers or both so as to protect the safety and health of those employees and MOW workers and give them an opportunity for rest free from the interruptions caused by noise under the control of the railroad, and provide indoor toilet facilities, potable water, and other features to protect the health and safety of the employees and MOW workers. | |||||
| 49:49:4.1.1.1.22.5.15.10 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.319 Lavatories. | FRA | (a) Number. Each camp car that provides a sleeping facility must contain at least one functioning lavatory for a total of one or two occupants and an additional functional lavatory if there is a total of three or four occupants. (b) Water. Each lavatory must be provided with hot and cold potable running water. The water supplied to a lavatory must be from a potable water source supplied through a system maintained as required in § 228.323. (c) Soap. Unless otherwise provided by a collective bargaining agreement, hand soap or similar cleansing agents must be provided. (d) Means of drying. Unless otherwise provided by a collective bargaining agreement, individual hand towels, of cloth or paper, warm air blowers, or clean sections of continuous cloth toweling must be provided near the lavatories. | |||||
| 49:49:4.1.1.1.22.5.15.11 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.321 Showering facilities. | FRA | (a) Number. Each individual camp car that provides sleeping facilities must contain a minimum of one shower for a total of one or two occupants and an additional functional shower if the camp car contains a total of three or four occupants. (b) Floors. (1) Shower floors must be constructed of non-slippery materials; (2) Floor drains must be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning; (3) All junctions of the curbing and the floor must be sealed; and (4) There shall be no fixed grate or other instrument on the shower floor significantly hindering the cleaning of the shower floor or drain. (c) Walls and partitions. The walls and partitions of a shower room must be smooth and impervious to the height of splash. (d) Water. An adequate supply of hot and cold running potable water must be provided for showering purposes. The water supplied to a shower must be from a potable water source supplied through a system maintained as required in § 228.323. (e) Showering necessities. (1) Unless otherwise provided by a collective bargaining agreement, body soap or other appropriate cleansing agent convenient to the showers must be provided. (2) Showers must be provided with hot and cold water feeding a common discharge line. (3) Unless otherwise provided by a collective bargaining agreement, each occupant who uses a shower must be provided with an individual clean towel. | |||||
| 49:49:4.1.1.1.22.5.15.12 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.323 Potable water. | FRA | (a) General requirements. (1) Potable water shall be adequately and conveniently provided to all occupants of a camp car for drinking, personal oral hygiene, washing of person, cooking, washing of foods, washing of cooking or eating utensils, and washing of premises for food preparation or processing. (2) Open containers such as barrels, pails, or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, are prohibited. (3) A common drinking cup and other common utensils are prohibited. (b) Potable water source. (1) If potable water is provided in bottled form, it shall be stored in a manner recommended by the supplier in order to prevent contamination in storage. Bottled water shall not be provided as a substitute for the hot and cold running potable water required to be supplied in lavatories, showers, and sinks under this section. Bottled water shall contain a label identifying the packager and the source of the water. (2) If potable water is drawn from a local source, the source must meet the drinking water standards established by the U.S. Environmental Protection Agency under 40 CFR part 141, National Primary Drinking Water Regulations. (3) All equipment and construction used for supplying potable water to a camp car water system ( e.g., a hose, nozzle, or back-flow prevention) shall be approved by the Food and Drug Administration. (4) Water hydrants. Each water hydrant, hose, or nozzle used for supplying potable water to a camp car water system shall be inspected prior to use. Each such hose or nozzle used shall be cleaned and sanitized as part of the inspection. A signed, dated record of this inspection shall be kept within the camp for the period of the connection. When the connection is terminated, a copy of each of these records must be submitted promptly to a centralized location for the railroad and maintained for one year from the date the connection was terminated. (5) Training. Only a trained individual is permitted to fill… | |||||
| 49:49:4.1.1.1.22.5.15.13 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.325 Food service in a camp car or separate kitchen or dining facility in a camp. | FRA | (a) Sanitary storage. No food or beverage may be stored in a toilet room or in an area exposed to a toxic material. (b) Consumption of food or beverage on the premises. No occupant shall be allowed to consume a food or beverage in a toilet room or in any area exposed to a toxic material. (c) Kitchens, dining halls, and feeding facilities. (1) In each camp car where central dining operations are provided by the railroad or its contractor(s) or subcontractor(s), the food handling facilities shall be maintained in a clean and sanitary condition. See § 228.323, Potable water, generally. (i) All surfaces used for food preparation shall be disinfected after each use. (ii) The disinfection process shall include removal of chemical disinfectants that would adulterate foods prepared subsequent to disinfection. (2) All perishable food shall be stored either under refrigeration or in a freezer. Refrigeration and freezer facilities shall be provided with a means to monitor temperature to ensure proper temperatures are maintained. The temperature of refrigerators shall be maintained at 40 °F or below; the temperature of freezers shall be maintained at 0 °F or below at all times. (3) All non-perishable food shall be stored to prevent vermin and insect infestation. (4) All food waste disposal containers shall be constructed to prevent vermin and insect infestation. (i) All food waste disposal containers used within a camp car shall be emptied after each meal, or at least every four hours, whichever period is less. (ii) All food waste disposal containers used outside a camp car shall be located to prevent offensive odors from entering the sleeping quarters. (iii) All kitchen area camp car sinks used for food washing and preparation and all kitchen area floor drains shall be connected to a public sewer where available and practicable, unless the car is equipped with a holding tank that is emptied in a sanitary manner. For kitchen area sinks and floor drains identified in this paragraph (c)(4)(iii) connected to… | |||||
| 49:49:4.1.1.1.22.5.15.14 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.327 Waste collection and disposal. | FRA | (a) General disposal requirements. All sweepings, solid or liquid wastes, refuse, and garbage in a camp must be removed in such a manner as to avoid creating a menace to health and as often as necessary or appropriate to maintain a sanitary condition. (b) General waste receptacles. Any exterior receptacle used for putrescible solid or liquid waste or refuse in a camp shall be so constructed that it does not leak and may be thoroughly cleaned and maintained in a sanitary condition. Such a receptacle must be equipped with a solid tight-fitting cover, unless it can be maintained in a sanitary condition without a cover. This requirement does not prohibit the use of receptacles designed to permit the maintenance of a sanitary condition without regard to the aforementioned requirements. (c) Food waste disposal containers provided for the interior of camp cars. An adequate number of receptacles constructed of smooth, corrosion resistant, easily cleanable, or disposable materials, must be provided and used for the disposal of waste food. Receptacles must be provided with a solid, tight-fitting cover unless sanitary conditions can be maintained without use of a cover. The number, size, and location of such receptacles must encourage their use and not result in overfilling. They must be emptied regularly and maintained in a clean, safe, and sanitary condition. | |||||
| 49:49:4.1.1.1.22.5.15.15 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.329 Housekeeping. | FRA | (a) A camp car must be kept clean to the extent allowed by the nature of the work performed by the occupants of the camp car. (b) To facilitate cleaning, every floor, working place, and passageway must be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings. | |||||
| 49:49:4.1.1.1.22.5.15.16 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.331 First aid and life safety. | FRA | (a) An adequate first aid kit must be maintained and made available for occupants of a camp car for the emergency treatment of an injured person. (b) The contents of the first aid kit shall be placed in a weatherproof container with individual sealed packages for each type of item, and shall be checked at least weekly when the camp car is occupied to ensure that the expended items are replaced. The first aid kit shall contain, at a minimum, the following: (1) Two small gauze pads (at least 4 × 4 inches); (2) Two large gauze pads (at least 8 × 10 inches); (3) Two adhesive bandages; (4) Two triangular bandages; (5) One package of gauge roller bandage that is at least 2 inches wide; (6) Wound cleaning agent, such as sealed moistened towelettes; (7) One pair of scissors; (8) One set of tweezers; (9) One roll of adhesive tape; (10) Two pairs of latex gloves; and (11) One resuscitation mask. (c) Each sleeping room shall be equipped with the following: (1) A functional portable Type ABC fire extinguisher; and (2) Either a functional smoke alarm and a carbon monoxide alarm, or a functional combined smoke-carbon-monoxide alarm. (d) Each camp car consist shall have an emergency preparedness plan prominently displayed so all occupants of the camp car consist can view it at their convenience. The plan shall address the following subjects for each location where the camp car consist is used to house railroad employees or MOW workers: (1) The means used to be aware of and notify all occupants of impending weather threats, including thunderstorms, tornados, hurricanes, floods, and other major weather-related risks; (2) Shelter-in-place and emergency and evacuation instructions for each of the specific threats identified; and (3) The address and telephone number of the nearest emergency medical facility and directions on how to get there from the camp car consist. | |||||
| 49:49:4.1.1.1.22.5.15.17 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.333 Remedial action. | FRA | A railroad shall, within 24 hours after receiving a good faith notice from a camp car occupant or an employee labor organization representing camp car occupants or notice from a Federal Railroad Administration inspector, including a certified State inspector under part 212 of this chapter, of noncompliance with this subpart, correct each non-complying condition on the camp car or cease use of the camp car as sleeping quarters for each occupant. In the event that such a condition affects the safety or health of an occupant, such as, but not limited to, water, cooling, heating, or eating facilities, sanitation issues related to food storage, food handling or sewage disposal, vermin or pest infestation, or electrical hazards, the railroad must immediately upon notice provide alternative arrangements for housing and providing food to the employee or MOW worker until the condition adverse to the safety or health of the occupant(s) is corrected. | |||||
| 49:49:4.1.1.1.22.5.15.18 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.335 Electronic recordkeeping. | FRA | (a) Each railroad shall keep records as required by § 228.323 either— (1) On paper forms provided by the railroad, or (2) By electronic means that conform with the requirements of subpart D of this part. (b) Records required to be kept shall be made available to the Federal Railroad Administration as provided by 49 U.S.C. 20107. | |||||
| 49:49:4.1.1.1.22.5.15.2 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.303 Application and responsibility for compliance. | FRA | (a) This subpart applies to all railroads except the following: (1) Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation ( i.e., plant railroads, as defined in § 228.5); (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in § 228.5; or (3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (b) Although the duties imposed by this subpart are generally stated in terms of the duty of a railroad, each person, including a contractor or subcontractor for a railroad, who performs any task or provides camp cars covered by this subpart, shall do so in accordance with this subpart. | |||||
| 49:49:4.1.1.1.22.5.15.3 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.305 Compliance date. | FRA | On and after December 30, 2011, a railroad shall not provide a camp car for use as sleeping quarters by an employee or MOW worker unless the camp car complies with all requirements of this subpart. | |||||
| 49:49:4.1.1.1.22.5.15.4 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.307 Definitions. | FRA | As used in this subpart— dB(A) means the sound pressure level in decibels measured on the A-weighted scale. Decibel (dB) means a logarithmic unit of measurement that expresses the magnitude of a physical quantity (usually power or intensity) relative to a specified reference level. For the measurement of noise in this subpart, the reference level for the intensity of sound pressure in air is 20 micropascals. Foot-candle means a one lumen of light density per square foot. HVAC means heating, ventilation, and air conditioning. Lavatory means a basin or similar vessel used primarily for washing of the hands, arms, face, and head. L eq (8) means the equivalent steady state sound level that in 8 hours would contain the same acoustic energy as the time-varying sound level during the same time period. Nonwater carriage toilet means a toilet not connected to a sewer. Occupant means an employee or an MOW worker (both as defined in § 228.5) whose sleeping quarters are a camp car. Ppm means parts per million. Potable water means water that meets the quality standards prescribed in the U.S. Environmental Protection Agency's National Primary Drinking Water Standards set forth in 40 CFR part 141. Potable water system means the containers, tanks, and associated plumbing lines and valves that hold, convey, and dispense potable water within a camp car. Toilet means a chemical toilet, a recirculating toilet, a combustion toilet, or a toilet that is flushed with water; however, a urinal is not a toilet. Toilet room means a room containing a toilet. Toxic material means a material in concentration or amount of such toxicity as to constitute a recognized hazard that is causing or is likely to cause death or serious physical harm. Watering means the act of filling potable water systems. | |||||
| 49:49:4.1.1.1.22.5.15.5 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.309 Structure, emergency egress, lighting, temperature, and noise-level standards. | FRA | (a) General. Each camp car must be constructed in a manner that will provide protection against the elements. (b) Floors. Floors must be of smooth and tight construction and must be kept in good repair. (c) Windows and other openings. (1) All camp cars must be provided with windows the total area of which must be not less than 10 percent of the floor area. At least one-half of each window designed to be opened must be so constructed that it can be opened for purposes of ventilation. Durable opaque window coverings must be provided to reduce the entrance of light during sleeping hours. (2) All exterior openings must be effectively screened with 16-mesh material. All screen doors must be equipped with self-closing devices. (d) Steps, entry ways, passageways, and corridors. All steps, entry ways, passageways, and corridors providing normal entry to or between camp cars must be constructed of durable weather-resistant material and properly maintained. Any broken or unsafe fixtures or components in need of repair must be repaired or replaced promptly. (e) Emergency egress. Each camp car must be constructed in a manner to provide adequate means of egress in an emergency situation. At a minimum, a means of emergency egress must be located in at least two places in camp car for emergency exits. (f) Lighting. Each habitable room in a camp car including but not limited to a toilet room, that is provided to an occupant must be provided with adequate lighting as specified below: (1) When occupants are present, the pathway to any exit not immediately accessible to occupants, such as through an interior corridor, shall be illuminated at all times to values of at least 1 foot-candle measured at the floor, provided that where the pathway passes through a sleeping compartment, the pathway up to the compartment will be illuminated, but illumination is not required inside the sleeping compartment. (2) Toilet and shower rooms shall have controlled lighting that will illuminate the room to values of at least 10 fo… | |||||
| 49:49:4.1.1.1.22.5.15.6 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.311 Minimum space requirements, beds, storage, and sanitary facilities. | FRA | (a) Each camp car used for sleeping purposes must contain at least 80 square feet of floor space for each occupant, with a maximum of four occupants per car. At least a 7-foot ceiling, measured at the entrance to the car, must be provided. (b) A bed, cot, or bunk for each occupant and suitable lockable storage facility, such as a lockable wall locker, or space for a lockable foot locker for each occupant's clothing and personal articles must be provided in every room used for sleeping purposes. Except where partitions are provided, such beds or similar facilities must be spaced not closer than 36 inches laterally (except in rail-mounted modular units, where the beds shall be spaced not closer than 30 inches, and highway trailer units, where the beds shall be spaced not closer than 26 inches) and 30 inches end to end, and must be elevated at least 12 inches from the floor. Multi-deck bunks, multi-deck bunk beds, and multi-deck similar facilities may not be used. (c) Unless otherwise provided by a collective bargaining agreement, clean linens must be provided to each occupant. (d) In a camp car where occupants cook, live, and sleep, a minimum of 120 square feet of floor space per occupants must be provided. Sanitary facilities must be provided for storing and preparing food. See also § 228.325. | |||||
| 49:49:4.1.1.1.22.5.15.7 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.313 Electrical system requirements. | FRA | (a) All heating, cooking, ventilation, air conditioning, and water heating equipment must be installed in accordance with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard. (b) All electrical systems installed, including external electrical supply connections, must be compliant with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard. (c) Each occupied camp car shall be equipped with or serviced by a safe and working HVAC system. | |||||
| 49:49:4.1.1.1.22.5.15.8 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.315 Vermin control. | FRA | Camp cars shall be constructed, equipped, and maintained to prevent the entrance or harborage of rodents, insects, or other vermin. A continuing and effective extermination program shall be instituted where the presence of vermin is detected. | |||||
| 49:49:4.1.1.1.22.5.15.9 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | E | Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters | § 228.317 Toilets. | FRA | (a) Number of toilets provided. Each individual camp car that provides sleeping facilities must have one room with a functional toilet for a total of one or two occupants, and one additional room with a functional toilet if there are a total of three or four occupants. (b) Construction of toilet rooms. Each toilet room must occupy a separate compartment with a door that latches and have walls or partitions between fixtures sufficient to assure privacy. (c) Supplies and sanitation. (1) An adequate supply of toilet paper must be provided in each toilet room, unless provided to the occupants individually. (2) Each toilet must be kept in a clean and sanitary condition and cleaned regularly when the camp car is being used. In the case of a non-water carriage toilet facility, it must be cleaned and changed regularly when the camp car is being used. (d) Sewage disposal facilities. (1) All sanitary sewer lines and floor drains from a camp car toilet facility must be connected to a public sewer where available and practical, unless the car is equipped with a holding tank that is emptied in a sanitary manner. (2) The sewage disposal method must not endanger the health of occupants. (3) For toilet facilities connected to a holding tank, the tank must be constructed in a manner that prevents vermin from entry and odors from escaping into the camp car. | |||||
| 49:49:4.1.1.1.22.6.15.1 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | F | Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation | § 228.401 Applicability. | FRA | (a) Except as provided in paragraph (b) of this section, the requirements of this subpart apply to railroads and their officers and agents, with respect to their train employees who are engaged in commuter or intercity rail passenger transportation, including train employees who are engaged in tourist, scenic, historic, or excursion rail passenger transportation. (b) This subpart does not apply to rapid transit operations in an urban area that are not connected with the general railroad system of transportation. | |||||
| 49:49:4.1.1.1.22.6.15.2 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | F | Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation | § 228.403 Nonapplication, exemption, and definitions. | FRA | (a) General. This subpart does not apply to a situation involving any of the following: (1) A casualty; (2) An unavoidable accident; (3) An act of God; or (4) A delay resulting from a cause unknown and unforeseeable to a railroad or its officer or agent in charge of the employee when the employee left a terminal. (b) Exemption. The Administrator may exempt a railroad having not more than a total of 15 train employees, signal employees, and dispatching service employees from the limitations imposed by this subpart on the railroad's train employees who are engaged in commuter or intercity rail passenger transportation. The Administrator may allow the exemption from this subpart after a full hearing, for good cause shown, and on deciding that the exemption is in the public interest and will not affect safety adversely. The exemption shall be for a specific period of time and is subject to review at least annually. The exemption may not authorize a railroad to require or allow its train employees to be on duty more than a total of 16 hours in a 24-hour period. (c) Definitions. In this subpart— Commuter or intercity rail passenger transportation has the meaning assigned by section 24102 of title 49, United States Code, to the terms “commuter rail passenger transportation” or “intercity rail passenger transportation.” Train employee who is engaged in commuter or intercity rail passenger transportation includes a train employee who is engaged in commuter or intercity rail passenger transportation regardless of the nature of the entity by whom the employee is employed and any other train employee who is employed by a commuter railroad or an intercity passenger railroad. The term excludes a train employee of another type of railroad who is engaged in work train service even though that work train service might be related to providing commuter or intercity rail passenger transportation, and a train employee of another type of railroad who serves as a pilot on a train operated by a commuter railroad or inter… | |||||
| 49:49:4.1.1.1.22.6.15.3 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | F | Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation | § 228.405 Limitations on duty hours of train employees engaged in commuter or intercity rail passenger transportation. | FRA | (a) General. Except as provided in paragraph (c) of this section, a railroad and its officers and agents may not require or allow a train employee engaged in commuter or intercity rail passenger transportation to remain or go on duty— (1) Unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours; or (2) After that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty; or (3) In a series of at most 14 consecutive calendar days, in excess of the following limitations: (i) That employee's first series of at most 14 consecutive calendar days begins on the first calendar day that the employee initiates an on-duty period on or after the compliance date for this paragraph (a)(3), as specified in § 228.413. A series of at most 14 consecutive calendar days either ends on the 14th consecutive day or may last for less than 14 days if an employee has accumulated a total of two calendar days on which the employee has not initiated an on-duty period before the beginning of the 14th day of the series. After the employee has accumulated a total of two calendar days on which the employee has not initiated an on-duty period, including at least 24 consecutive hours off duty as required by paragraph (a)(3)(ii) or two consecutive calendar days without initiating an on-duty period as required by paragraph (a)(3)(iii) of this section, during the employee's current series of at most 14 consecutive calendar days, a new series of at most 14 consecutive calendar days begins on the calendar day in which the employee next initiates an on-duty period. Only calendar days after the starting date of a series are counted toward the accumulation of a total of two calendar days on which the employee did not initiate an on-duty period. A calendar day on which an on-duty period was not initiated that occurred prior to the start of the new series, does not count toward refreshing the new series. (ii) If the employee initiates an on-duty period ea… | |||||
| 49:49:4.1.1.1.22.6.15.4 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | F | Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation | § 228.407 Analysis of work schedules; submissions; FRA review and approval of submissions; fatigue mitigation plans. | FRA | (a) Analysis of work schedules. Each railroad subject to this subpart must perform an analysis of one cycle of the work schedules (the period within which the work schedule repeats) of its train employees engaged in commuter or intercity rail passenger transportation and identify those work schedules intended to be assigned to its train employees, that, if worked by such a train employee, put the train employee at risk for a level of fatigue at which safety may be compromised. Schedules identified in paragraph (g) of this section do not have to be analyzed. A level of fatigue at which safety may be compromised, hereafter called “the fatigue threshold,” shall be determined by procedures that use a scientifically valid, biomathematical model of human performance and fatigue that has been approved by the Associate Administrator pursuant to paragraph (c)(1) of this section, or previously accepted pursuant to paragraph (c)(2) of this section. Each work schedule that violates the fatigue threshold must be— (1) Reported to the Associate Administrator as provided in paragraph (b) of this section, no later than April 12, 2012; (2) Either— (i) Mitigated by action in compliance with the railroad's fatigue mitigation plan that has been approved by the Associate Administrator as specified in paragraph (b) of this section, no later than April 12, 2012; or (ii) Supported by a determination that the schedule is operationally necessary, and that the fatigue risk cannot be sufficiently mitigated by the use of fatigue mitigation tools to reduce the risk for fatigue to a level that does not violate the fatigue threshold, no later than April 12, 2012; or (iii) Both, no later than April 12, 2012; and (3) Approved by FRA for use in accordance with paragraph (b) of this section. (b) Submissions of certain work schedules and any fatigue mitigation plans and determinations of operational necessity or declarations; FRA review and approval. (1) No later than April 12, 2012, the railroad shall submit for approval to the Associate … | |||||
| 49:49:4.1.1.1.22.6.15.5 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | F | Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation | § 228.409 Requirements for railroad-provided employee sleeping quarters during interim releases and other periods available for rest within a duty tour. | FRA | (a) If a railroad subject to this subpart provides sleeping quarters for the use of a train employee subject to this subpart during interim periods of release as a method of mitigating fatigue identified by the analysis of work schedules required by § 228.407(a) and (d), such sleeping quarters must be “clean, safe, and sanitary,” and give the employee “an opportunity for rest free from the interruptions caused by noise under the control of the” railroad within the meaning of section 21106(a)(1) of title 49 of the United States Code. (b) Any sleeping quarters provided by a railroad that are proposed as a fatigue mitigation tool pursuant to § 228.407(b)(1)(i), are subject to the requirements of § 228.407(f), Consultation. | |||||
| 49:49:4.1.1.1.22.6.15.6 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | F | Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation | § 228.411 Training. | FRA | (a) Individuals to be trained. Except as provided by paragraph (f) of this section, each railroad subject to this subpart shall provide training for its employees subject to this subpart, and the immediate supervisors of its employees subject to this subpart. (b) Subjects to be covered. The training shall provide, at a minimum, information on the following subjects that is based on the most current available scientific and medical research literature: (1) Physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue; (2) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders; (3) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty; (4) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad; and (5) The effects of abrupt changes in rest cycles for employees. (c) Timing of initial training. Initial training shall be provided to affected current employees not later than December 31, 2012, and to new employees subject to this subpart before the employee first works a schedule subject to analysis under this subpart, or not later than December 31, 2012, whichever occurs later. (d) Timing of refresher training. (1) At a minimum, refresher training shall be provided every three calendar years. (2) Additional refresher training shall also be provided when significant changes are made to the railroad's fatigue mitigation plan or to the available fatigue mitigation tools applied to an employee's assignment or assignments at the location where he or she works. (e) Records of training. A railroad shall maintain a record of each employee provided training in compliance with this section and shall retain these records for three years. (f) Conditional exclusion. A railroad engaged in tourist, scenic, historic, or excursion r… | |||||
| 49:49:4.1.1.1.22.6.15.7 | 49 | Transportation | II | 228 | PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS | F | Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation | § 228.413 Compliance date for regulations; exemption from compliance with statute. | FRA | (a) General. Except as provided by paragraph (d) of this section or as provided in § 228.411, on and after April 12, 2012, railroads subject to this subpart shall comply with this subpart and §§ 228.11(c)(1)-(2) and 228.19(c)(5)-(c)(8) with respect to their train employees who are engaged in commuter or intercity rail passenger transportation. (b) Exemption from compliance with statute. On and after October 15, 2011, railroads subject to this subpart or any provision of this subpart shall be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees. (c) Definitions. In this section— (1) The term “new section 21103” means section 21103 of title 49, United States Code, as amended by the Rail Safety Improvement Act of 2008 (RSIA) effective July 16, 2009. (2) The term “old section 21103” means section 21103 of title 49, United States Code, as it was in effect on the day before the enactment of the RSIA. (d) Exceptions. (1) On and after October 15, 2011, railroads subject to this subpart shall comply with §§ 228.401, 228.403, 228.405(a)(1), (a)(2), (b), and (c), and 228.409(a). (2) Railroads engaged in tourist, scenic, historic, or excursion rail passenger transportation, subject to this subpart, must comply with the sections listed in paragraph (d)(1) of this section on and after October 15, 2011, but are not required to comply with the other provisions of this subpart and §§ 228.11(c)(1)-(2) and 228.19(c)(5)-(c)(8) until April 12, 2013. | |||||
| 50:50:11.0.1.1.1.0.1.1 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.1 Basis and purpose. | NOAA | (a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 1371(b)) and these regulations authorize the Assistant Administrator of the National Marine Fisheries Service, to: (1) Impose regulations governing the taking of marine mammals incidental to commercial fishing operations; (2) Waive the moratorium and to adopt regulations with respect to the taking and importing of animals from each species of marine mammals under the Assistant Administrator's jurisdiction; (3) Prescribe regulations governing the taking of depleted marine mammals by any Indian, Aleut or Eskimo, respectively. In prescribing regulations to carry out the provisions of said sections, the Act refers the Assistant Administrator to section 103 (16 U.S.C. 1373). In accordance with section 103(d), regulations must be made on the record after opportunity for an agency hearing on such regulations and, in the case of a waiver, on the determination by the Assistant Administrator to waive the moratorium pursuant to section 101(a)(3)(A) of the Act (16 U.S.C. 1371(a)(3)(A)). (b) The purpose of this part is to establish rules of practice and procedure for all hearings conducted pursuant to section 103(d) of the Act. | ||||||
| 50:50:11.0.1.1.1.0.1.10 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.10 Ex parte communications. | NOAA | (a) After notice of a hearing is published in the Federal Register, all communications, whether oral or written, involving any substantive or procedural issue and directed either to the presiding officer or to the Assistant Administrator, Deputy Assistant Administrator, or Chief of the Marine Mammal Division, National Marine Fisheries Service, without reference to these rules of procedure, shall be deemed ex parte communications and are not to be considered part of the record for decision. (b) A record of oral conversations shall be made by the persons who are contacted. All communications shall be available for public viewing at the place(s) specified in the notice of hearing. (c) The presiding office shall not consult any person or party on any fact in issue or on the merits of the matter unless notice and opportunity is given for all parties to participate. | ||||||
| 50:50:11.0.1.1.1.0.1.11 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.11 Prehearing conference. | NOAA | (a) After an examination of all the direct testimony submitted pursuant to § 228.7, the presiding officer shall make a preliminary determination of issues of fact which may be addressed at the hearing. (b) The presiding officer's preliminary determination shall be made available at the place or places provided in the notice of the hearing (§ 228.4(b)(8)) at least 5 days before the prehearing conference. (c) The purpose of the prehearing conference shall be to enable the presiding officer to determine, on the basis of the direct testimony submitted and prehearing discussions: (1) Whether the presiding officer's preliminary determination of issues of fact for the hearing has omitted any significant issues; (2) What facts are not in dispute; (3) Which witnesses may appear at the hearing; and (4) The nature of the interest of each party and which parties' interests are adverse. (d) Only parties may participate in the hearing conference and a party may appear in person or be represented by counsel. (e) Parties who do not appear at the prehearing conference shall be bound by the conference's determinations. | ||||||
| 50:50:11.0.1.1.1.0.1.12 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.12 Final agenda of the hearing. | NOAA | (a) After the prehearing conference, the presiding officer shall prepare a final agenda which shall be published in the Federal Register within 10 days after the conclusion of the conference. A copy of the final agenda shall be mailed to all parties. (b) The final agenda shall list: (1) All the issues which the hearing shall address, the order in which those issues shall be presented, and the direct testimony submitted which bears on the issues; and (2) A final date for submission of direct testimony on issues of fact not included in the notice of hearing if such issues are presented. The final agenda may also specify a final date for submission of direct testimony to rebut testimony previously submitted during the time specified in the notice of the hearing. (c) The presiding officer shall publish with the final agenda a list of witnesses who may appear at the hearing, a list of parties, the nature of the interest of each party, and which parties' interests are adverse on the issues presented. | ||||||
| 50:50:11.0.1.1.1.0.1.13 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.13 Determination to cancel the hearing. | NOAA | (a) If the presiding officer concludes that no issues of fact are presented by the direct testimony submitted, the presiding officer shall publish such conclusion and notice in the Federal Register that a hearing shall not be held and shall also publish a date for filing written comments on the proposed regulations. Written comments may include proposed findings and conclusions, arguments or briefs. (b) A person need not be a party to submit any written comments. (c) Promptly after expiration of the period for receiving written comments, the presiding officer shall make a recommended decision based on the record, which in this case shall consist of the direct testimony and written comments submitted. He shall transfer to the Assistant Administrator his recommended decision, the record and a certificate stating that the record contains all the written direct testimony and comments submitted. The Assistant Administrator shall then make a final decision in accordance with these regulations (§ 228.21). | ||||||
| 50:50:11.0.1.1.1.0.1.14 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.14 Rebuttal testimony and new issues of fact in final agenda. | NOAA | (a) Direct testimony to rebut testimony offered during the time period specified in the notice of hearing may be submitted pursuant to these regulations within fifteen days after the conclusion of the prehearing conference unless the presiding officer otherwise specifies in the final agenda. (b) If the final agenda presents issues not included in the notice of the hearing published pursuant to § 228.4: (1) Any person interested in participating at the hearing on such issues presented shall notify the Assistant Administrator by certified mail of an intent to participate not later than 10 days after publication of the final agenda. Such person may present direct testimony or cross-examine witnesses only on such issues presented unless that person previously notified the Assistant Administrator pursuant to § 228.5; and (2) Additional written direct testimony concerning such issues may be submitted within the time provided in the final agenda. Such direct testimony will comply with the requirements of § 228.7. | ||||||
| 50:50:11.0.1.1.1.0.1.15 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.15 Waiver of right to participate. | NOAA | Persons who fail to notify the Assistant Administrator pursuant to §§ 228.5 and 228.14 shall be deemed to have waived their right to participate as parties in any part of the hearing. | ||||||
| 50:50:11.0.1.1.1.0.1.16 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.16 Conduct of the hearing. | NOAA | (a) The hearing shall be held at the time and place fixed in the notice of the hearing, unless the presiding officer changes the time or place. If a change occurs, the presiding officer shall publish the change in the Federal Register and shall expeditiously notify all parties by telephone or by mail: Provided, that if that change in time or place of hearing is made less than 5 days before the date previously fixed for the hearing, the presiding officer shall also announce, or cause to be announced, the change at the time and place previously fixed for the hearing. (b) The presiding officer shall, at the commencement of the hearing, introduce into the record: the notice of hearing as published in the Federal Register ; all subsequent documents published in the Federal Register ; the draft Environmental Impact Statement if it is required and the comments thereon and agency responses to the comments; and a list of all parties. Direct testimony shall then be received with respect to the matters specified in the final agenda in such order as the presiding officer shall announce. With respect to direct testimony submitted as rebuttal testimony or in response to new issues presented by the prehearing conference, the presiding officer shall determine the relevancy of such testimony. (c) The hearing shall be publicly conducted and reported verbatim by an official reporter. (d) If a party objects to the admission or rejection of any direct testimony or to any other ruling of the presiding officer during the hearing, he or she shall state briefly the grounds of such objection, whereupon an automatic exception will follow if the objection is overruled by the presiding officer. The transcript shall not include argument or debate thereon except as ordered by the presiding officer. The ruling by the presiding officer on any objection shall be a part of the transcript and shall be subject to review at the same time and in the same manner as the Assistant Administrator's final decision. Only objections made before the pre… | ||||||
| 50:50:11.0.1.1.1.0.1.17 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.17 Direct testimony. | NOAA | (a) Only direct testimony submitted by affidavit as provided in these regulations and introduced at the hearing by a witness shall be considered part of the record. Such direct testimony shall not be read into evidence but shall become a part of the record subject to exclusion of irrelevant and immaterial parts thereof; (b) The witness introducing direct testimony shall: (1) State his or her name, address and occupation; (2) State qualifications for introducing the direct testimony. If an expert, the witness shall briefly state the scientific or technical training which qualifies the witness as an expert; (3) Identify the direct testimony previously submitted in accordance with these regulations; and (4) Submit to appropriate cross and direct examination. Cross-examination shall be by a party whose interests are adverse on the issue presented, to the witness', if the witness is a party, or to the interests of the party who presented the witness. (c) A party shall be deemed to have waived the right to introduce direct testimony if such party fails to present a witness to introduce the direct testimony. (d) Official notice may be taken of such matters as are judicially noticed by the courts of the United States: Provided, that parties shall be given adequate notice, by the presiding officer, at the hearing, of matters so noticed and shall be given adequate opportunity to show that such facts are inaccurate or are erroneously noticed. | ||||||
| 50:50:11.0.1.1.1.0.1.18 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.18 Cross-examination. | NOAA | (a) The presiding officer may: (1) Require the cross-examiner to outline the intended scope of the cross-examination; (2) Prohibit parties from cross-examining witnesses unless the presiding officer has determined that the cross-examiner has an adverse interest on the facts at issue to the party-witness or the party presenting the witness. For the purposes of this subsection, the Assistant Administrator's or his or her representative's interest shall be considered adverse to all parties; (3) Limit the number of times any party or parties having a common interest may cross-examine an “adverse” witness on the same matter; and (4) Exclude cross-examination questions that are immaterial, irrelevant or unduly repetitious. (b) Any party shall be given an opportunity to appear, either in person or through an authorized counsel or representative, to cross-examine witnesses. Before cross-examining a witness, the party or counsel shall state his or her name, address and occupation. If counsel cross-examines the witness, counsel shall state for the record the authority to act as counsel. Cross-examiners shall be assumed to be familiar with the direct testimony. (c) Any party or party's counsel who fails to appear at the hearing to cross-examine an “adverse” witness shall be deemed to have waived the right to cross-examine that witness. (d) Scientific, technical or commercial publications may only be utilized for the limited purposes of impeaching witnesses under cross-examination unless previously submitted and introduced in accordance with these regulations. | ||||||
| 50:50:11.0.1.1.1.0.1.19 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.19 Oral and written arguments. | NOAA | (a) The presiding officer may, in his or her discretion, provide for oral argument at the end of the hearing. Such argument, when permitted, may be limited by the presiding officer to the extent necessary for the expeditious disposition of the proceeding. (b) The presiding officer shall announce at the hearing a reasonable period of time within which any interested person may file with the presiding officer any written comments on the proposed regulations and waiver, including proposed findings and conclusions and written arguments or briefs, which are based upon the record and citing where practicable the relevant page or pages of the transcript. If a party filing a brief desires the presiding officer to reconsider any objection made by such party to a ruling of the presiding officer, the party shall specifically identify such rulings by reference to the pertinent pages of the transcript and shall state their arguments thereon as a part of the brief. (c) Oral or written arguments shall be limited to issues arising from direct testimony on the record. | ||||||
| 50:50:11.0.1.1.1.0.1.2 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.2 Definitions. | NOAA | (a) Party means, for the purposes of this subpart: (1) The Assistant Administrator or the Assistant Administrator's representative; (2) A person who has notified the Assistant Administrator by specified dates of his or her intent to participate in the hearing pursuant to §§ 228.5 and 228.14(b). (b) Witness means, for the purpose of this part, any person who submits written direct testimony on the proposed regulations. A person may be both a party and a witness. | ||||||
| 50:50:11.0.1.1.1.0.1.20 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.20 Recommended decision, certification of the transcript and submission of comments on the recommended decision. | NOAA | (a) Promptly after expiration of the period for receiving written briefs, the presiding officer shall make a recommended decision based on the record and transmit the decision to the Assistant Administrator. The recommended decision shall include: (1) A statement containing a description of the history of the proceedings; (2) Findings on the issues of fact with the reasons therefor; and (3) Rulings on issues of law. (b) The presiding officer shall also transmit to the Assistant Administrator the transcript of the hearing, the original and all copies of the direct testimony, and written comments. The presiding officer shall attach to the original transcript of the hearing a certificate stating that, to the best of his knowledge and belief, the transcript is a true transcript of the testimony given at the hearing except in such particulars as are specified. (c) Immediately after receipt of the recommended decision, the Assistant Administrator shall give notice thereof in the Federal Register, send copies of the recommended decision to all parties, and provide opportunity for the submission of comments. The recommended decision may be reviewed and/or copied in the office of the Assistant Administrator, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. (d) Within 20 days after the notice of receipt of the recommended decision has been published in the Federal Register, any interested person may file with the Assistant Administrator any written comments on the recommended decision. All comments, including recommendations from or consultation with the Marine Mammal Commission, must be submitted during the 20-day period to the Assistant Administrator at the previously mentioned address. | ||||||
| 50:50:11.0.1.1.1.0.1.21 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.21 Assistant Administrator's decision. | NOAA | (a) Upon receipt of the recommended decision and transcript and after the 20-day period for receiving written comments on the recommended decision has passed, the Assistant Administrator shall make a final decision on the proposed regulations and waiver, where applicable. The Assistant Administrator's decision may affirm, modify, or set aside, in whole or in part, the recommended findings, conclusions and decision of the presiding officer. The Assistant Administrator may also remand the hearing record to the presiding officer for a fuller development of the record. (b) The Assistant Administrator's decision shall include: (1) A statement containing a description of the history of the proceeding; (2) Findings on the issues of fact with the reasons therefor; and (3) Rulings on issues of law. (4) The Assistant Administrator's decision shall be published in the Federal Register. If the waiver is approved, the final adopted regulations shall be promulgated with the decision. | ||||||
| 50:50:11.0.1.1.1.0.1.3 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.3 Scope of regulations. | NOAA | The procedural regulations in this part govern the practice and procedure in hearings held under section 103(d) of the Act. These hearings will be governed by the provisions of 5 U.S.C. 556 and section 557 of the Administrative Procedure Act. The regulations shall be construed to secure the just, speedy and inexpensive determination of all issues raised with respect to any waiver or regulation proposed pursuant to section 103(d) of the Act with full protection for the rights of all persons affected thereby. | ||||||
| 50:50:11.0.1.1.1.0.1.4 | 50 | Wildlife and Fisheries | II | C | 228 | PART 228—NOTICE AND HEARING ON SECTION 103(d) REGULATIONS | § 228.4 Notice of hearing. | NOAA | (a) A notice of hearing on any proposed regulations shall be published in the Federal Register, together with the Assistant Administrator's proposed determination to waive the moratorium pursuant to section 101(a)(3)(A) of the Act (16 U.S.C. 1371(a)(3)(A)), where applicable. (b) The notice shall state: (1) The nature of the hearing; (2) The place and date of the hearing. The date shall not be less than 60 days after publication of notice of the hearing; (3) The legal authority under which the hearing is to be held; (4) The proposed regulations and waiver, where applicable, and a summary of the statements required by section 103(d) of the Act (16 U.S.C. 1373(d)); (5) Issues of fact which may be involved in the hearing; (6) If a draft Environmental Impact Statement is required, the date of publication of the draft and the place(s) where the draft and comments thereon may be viewed and copied; (7) Any written advice received from the Marine Mammal Commission; (8) The place(s) where records and submitted direct testimony will be kept for public inspection; (9) The final date for filing with the Assistant Administrator a notice of intent to participate in the hearing pursuant to § 228.5; (10) The final date for submission of direct testimony on the proposed regulations and waiver, if applicable, and the number of copies required; (11) The docket number assigned to the case which shall be used in all subsequent proceedings; and (12) The place and date of the pre-hearing conference. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);